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Libya is found responsible for the enforced disappearance, torture and death of Ismail Al Khazmi. The NGOs TRIAL (Track Impunity Always) and Alkarama welcome the UN Human Rights Committee decision and urge Libyan authorities to shed light on this and thousands of other cases of gross human rights violations.
TRIAL and Alkarama submitted four cases concerning violations committed by Libya to the UN Human Rights Committee (HRC) since 2008. Two other cases brought by TRIAL against Libya are still pending before the Committee. Al Khazmi's case represents the thirteenth condemnation of Libya by the UN relating to cases of enforced disappearance and torture to date.
The HRC recently determined that Ismail Al Khazmi's detention, enforced disappearance, torture and death constitute violations of his rights enshrined in the International Covenant on Civil and Political Rights:
· to life
· to liberty
· not to be subjected to torture
· to be recognised as a person before the law
The right of Al Khazmi's relatives were also violated due to the distress caused by his enforced disappearance.
"Al Khazmi's case is one of thousands involving political dissidents from the Gaddafi era. We welcome this decision but urge Libyan authorities to break the cycle of impunity and swiftly implement the UN's decision," declared Philip Grant, TRIAL Director.
Libya is now under the obligation to:
· conduct an investigation into the disappearance and death of Ismail Al Khazmi
· provide his family with information on the results of the investigation
· hand over Ismail Al Khazmi's mortal remains to his family
· prosecute and punish those responsible
· provide compensation to his relatives
· take steps to prevent similar violations in the future
"Since the 2011 revolution, Libyan authorities have expressed their intent to cooperate with UN human rights mechanisms, but victims of human rights violations need more than words. Libya must comply to this, and the 12 other decisions issued by the Human Rights Committee, with timely and practical measures to repair the harm committed," said Rachid Mesli, Alkarama Legal Director.
Background information on Ismail Al Khazmi's case
Ismail Al Khazmi, an oil engineer viewed as a political opponent by the Gaddafi regime, was working in a petrol field in Libya. On 17 June 2006, he was arrested by members of the Libyan internal security forces without a warrant or any reasons given for his arrest. The authorities refused to acknowledge his arrest or provide any information about him to his relatives. Witnesses however declared seeing Al Khazmi at the Asseka prison in Tripoli and former co-prisoners testified upon their release that he had repeatedly been tortured. He was seen there for the last time unconscious, and taken to an unknown place.
Almost a year later, his father was informed of his son's death. No details were provided about the circumstances of his death and the officers refused to conduct an autopsy. Despite requests to the Ministry of Interior and the Ministry of Justice, no investigations were initiated to find the causes of his death or to identify those responsible.
The government of Libya also ignored the UN Human Rights Committee's repeated requests between 2008 and 2011 to submit its observations on the case.
For more information
Philip Grant, TRIAL Director, philip.grant@trial-ch.org , +41 22 321 61 10
Rachid Mesli, Alkarama, Director of the Legal Department,
rachid.mesli@alkarama.org, +41 22 734 10 06