Abdenacer Younis Al Rabassi, aged 38 years old at the time of his arrest, holds a degree in social sciences from the Jenzour Institute of Tripoli, and was employed at the social security services of Beni Walid until the day of his arrest on 3 January 2003.
He was taken from his home in Beni Walid by agents of the Internal Security in plain clothes, without a reason or a warrant being presented. On 5 January 2003, he was transferred to Tripoli and detained incommunicado for 6 months. He suffered extremely cruel acts of torture over more than a month in a secret detention centre under the control of the Internal Security Agency.
He was accused of having "dishonored the guide of the revolution", in accordance with article 164 of the Libyan criminal code. He was charged for having "sent an email to the newspaper the 'Arab Times' on 8 June 2002 at 8.35 and 54 seconds in which he expressed a critical opinion of the Libyan state leader, Colonel Moamar Al Kadhafi, from his virtual personal electronic address".
Referred to an extraordinary court of law, the People's Court, on 26 June 2003 he was condemned, as a result of a manifestly unfair process, to fifteen (15) year of imprisonment, which he is currently serving at the Abou Salim prison in Tripoli.
During the whole period which preceded his appearance before the court that would judge him, he did not have access to a lawyer, nor did he receive any family visits
Alkarama for Human Rights had submitted a communication to the Working Group on Arbitrary Detentions on 10 May 2005, requesting the Working Group examine Mr Al Rabassi's file. The latter found that the apparently critic opinion expressed by Mr Al Rabassi regarding the head of state in an email addressed to the Arab Times newspaper did not go extend beyond the limits of freedom of expression.
The Working Group also found that the fact of denying the right of a person who is accused of a grave offense punishable by a long prison sentence to a defender is incompatible with the right to a fair trial.
Mr Al Rabassi, who suffered acts of torture during the first months of detention, suffers from the consequences to this day. Presently submitted to inhumane conditions of detention, notably by being isolated in a cell which he never leaves, Alkarama has obtained information regarding the torture and mistreatment suffered by Mr Al Rabassi in Abou Salim prison.
During two years, in 2006 and 2007, his family was not authorized to visit Mr Al Rabassi, They were only able to see him two times this year (2008), but do not know when they will next be able to meet with him again.
Alkarama asks the Human Rights Committee to note the numerous violations Mr Al Rabassi has suffered.
Libya, as a state 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 or Punishment since 16 May 1989, must respect its international obligations and guarantee its citizens the effective application of internationally protected rights.