12 Apr 2008
Alkarama for Human Rights and TRIAL (Track Impunity Always), April 12, 2008
As part of their cooperation agreement, the organizations TRIAL (Track Impunity Always) and ALKARAMA for Human Rights submitted jointly, on 7 April, 2008, an individual communication to the Human Rights Committee relating to Dr Idris Aboufaied and his brother Juma, both victims of serious human rights violations by the Libyan authorities.
Mr. Aboufaied Idriss is a well known defender of human rights. He openly called for political reform and respect for fundamental freedoms in his country. After 16 years in exile in Switzerland, he returned to Libya, encouraged by official promises that he should not fear any prosecution or persecution. Despite the commitment of the highest authorities of the State, Dr. Idriss Aboufaid was interrogated by security agents on 30 September 30 2006, upon his arrival at the airport in Tripoli. His passport was confiscated.
He was then arrested on 5 November 2006, and held in solitary confinement for 54 days, during which he was subjected to torture and ill-treatment.
Released on 29 December 2006, without having been subject to any legal procedure, Dr. Idriss Aboufaid reaffirmed in a statement broadcast by several news sites, his determination to continue his struggle for democracy. He called, along with other human rights activists, for a peaceful demonstration on 17 February 2007 in Tripoli, to call of a State of law that respects civil and political liberties.
However he was arrested on the eve of the planned event, with 11 other activists, MM. Alhaji Jamal, Fareed Azway, Almahdi Hmeed, Assadiq Hmeed, Hmeed Faraj, Adel Hmeed, Ali Hmeed, Ala Adrisi, Assadiq Gashoot, Bashir Ahmad Alharis and Alabeedi.
All were held incommunicado and tortured for several months without any possibility of contact with their families or the outside world. No lawyer has also been allowed to visit them.
Mr. Juma Aboufaied was arrested for his part just hours after his brother, presumably because be alerted by telephone persons who are outside the country about the arrest of his brother.
Since his arrest, his family did not get any news about him, and the authorities who have recognized after a few months the detention of Dr. Idriss Aboufaied, still refuse to admit that Juma as well as Abdelrahman Al-Gteewi, another citizen arrested the same day in the same circumstances, were held by them.
The twelve persons whose detention is recognized by the authorities have been brought before the "Revolutionary safety court", a juridiction which tries opponents of the regime. After several months of closed hearing at which defendants have received no legal guarantee, the Court is expected to give its judgement on 15 April 2008. According to the legislation, all detainees risk the death penalty.
These events take place in the context of the fierce repression suffered by anyone who dares to raise criticism of the regime of Colonel Gaddafi, who leads the country with an iron fist for nearly 40 years. It is common knowledge that the security forces - the ministry of internal security in particular - have committed and continue to commit the worst atrocities on a very large scale and with impunity. Opponents are the main targets of such practices.
Heavy sentences against dissidents or people who express ideas deemed to be subversive are usually made as a result of unfair trials where the rights of the accused are grossly violated.
The practice of incommunicado detention for long periods of time, sometimes more than a decade, remains recurrent and our organizations express their deepest fears regarding in particular the fate of Juma Aboufaied and Abdelrahman Al-Gteewi.
We also express our deepest concerns about the fate of Dr Idriss Aboufaied, transferred in emergency, last Tuesday, to the Sabrata Hospital, near Tripoli. According to reoprts unconfirmed by the authorities, he suffers from cancer.
The paper presented on 7 April 2008 to the UN Human Rights Committee, called on the institution to observe the numerous violations suffered by the Aboufaied brothers, and also temporarily seeks urgent measures of protection because of serious risks involved.
Libya, a party to the International Covenant on Civil and Political Rights, since 15 May 1970, as well as the Convention against Torture and other cruel, inhuman or degrading treatment since May 16, 1989 is bound to respect its international commitments and to guarantee to its citizens the effective implementation of internationally protected rights.
He was then arrested on 5 November 2006, and held in solitary confinement for 54 days, during which he was subjected to torture and ill-treatment.
Released on 29 December 2006, without having been subject to any legal procedure, Dr. Idriss Aboufaid reaffirmed in a statement broadcast by several news sites, his determination to continue his struggle for democracy. He called, along with other human rights activists, for a peaceful demonstration on 17 February 2007 in Tripoli, to call of a State of law that respects civil and political liberties.
However he was arrested on the eve of the planned event, with 11 other activists, MM. Alhaji Jamal, Fareed Azway, Almahdi Hmeed, Assadiq Hmeed, Hmeed Faraj, Adel Hmeed, Ali Hmeed, Ala Adrisi, Assadiq Gashoot, Bashir Ahmad Alharis and Alabeedi.
All were held incommunicado and tortured for several months without any possibility of contact with their families or the outside world. No lawyer has also been allowed to visit them.
Mr. Juma Aboufaied was arrested for his part just hours after his brother, presumably because be alerted by telephone persons who are outside the country about the arrest of his brother.
Since his arrest, his family did not get any news about him, and the authorities who have recognized after a few months the detention of Dr. Idriss Aboufaied, still refuse to admit that Juma as well as Abdelrahman Al-Gteewi, another citizen arrested the same day in the same circumstances, were held by them.
The twelve persons whose detention is recognized by the authorities have been brought before the "Revolutionary safety court", a juridiction which tries opponents of the regime. After several months of closed hearing at which defendants have received no legal guarantee, the Court is expected to give its judgement on 15 April 2008. According to the legislation, all detainees risk the death penalty.
These events take place in the context of the fierce repression suffered by anyone who dares to raise criticism of the regime of Colonel Gaddafi, who leads the country with an iron fist for nearly 40 years. It is common knowledge that the security forces - the ministry of internal security in particular - have committed and continue to commit the worst atrocities on a very large scale and with impunity. Opponents are the main targets of such practices.
Heavy sentences against dissidents or people who express ideas deemed to be subversive are usually made as a result of unfair trials where the rights of the accused are grossly violated.
The practice of incommunicado detention for long periods of time, sometimes more than a decade, remains recurrent and our organizations express their deepest fears regarding in particular the fate of Juma Aboufaied and Abdelrahman Al-Gteewi.
We also express our deepest concerns about the fate of Dr Idriss Aboufaied, transferred in emergency, last Tuesday, to the Sabrata Hospital, near Tripoli. According to reoprts unconfirmed by the authorities, he suffers from cancer.
The paper presented on 7 April 2008 to the UN Human Rights Committee, called on the institution to observe the numerous violations suffered by the Aboufaied brothers, and also temporarily seeks urgent measures of protection because of serious risks involved.
Libya, a party to the International Covenant on Civil and Political Rights, since 15 May 1970, as well as the Convention against Torture and other cruel, inhuman or degrading treatment since May 16, 1989 is bound to respect its international commitments and to guarantee to its citizens the effective implementation of internationally protected rights.