07 November 2008

Libya: Enforced disappearance and torture, followed by the death, of Mr Ismail Al Khazmi

On 6 November 2008, Alkarama for Human Rights and TRIAL (Track Impunity Always) jointly submitted an individual communication to the United Nations Human Rights Committee regarding Ismail Al Khazmi, a Libyan, who was arrested and detained arbitrarily since June 17 2006. On 1 May 2007, his family was informed of his death.

Ismail Al Khazmi, a petrochemical engineer, was aged 30 at the time of his arrest on 17 June 2006 by officers of Internal Security who arrested him at his workplace, without a warrant and without reasons being given. They took him to an unknown destination where he was held incommunicado. Despite numerous attempts, his family were unable to have any information on his fate or of the place where he was imprisoned. It was later disclosed, according to witnesses, that he was being held incommunicado in Assek prison in Tripoli.

Other inmates reported that he had been tortured several times. On 29 June 2006, after being tortured over several days, officers of Internal Security - whose identities are known - brutally beat him in his cell and then hung him from the ceiling. Having lost consciousness, he was taken by car to an unknown location. His family was informed of his death on 1 May 2007.

The communication presented to the United Nations Human Rights Committee, asks the Committee  to take note of the many violations suffered by Mr Al Khazmi. The circumstances of Ismail Al Khazmi’s arrest, his arbitrary and incommunicado detention, enforced disappearance, torture and death in custody, as well as the lack of appeal against such violations constitute a violation of Articles 2 (3 ) (right to a remedy), 6 (right to life), 7 (right not to be tortured), 9 (right to liberty and security), 10 (1) (right to humane treatment) and 16 (recognition of legal personality) of the International Covenant on Civil and Political Rights.

In addition, the inhuman and degrading treatment suffered by his father (through psychological suffering caused by the enforced disappearance of his son, and the authorities' refusal to disclose information on the circumstances of his death), combined with the absence of an effective remedy is also a violation of the principles of the Covenant.

Libya, a party to the International Covenant on Civil and Political Rights since 15 May 1970, and the Convention against Torture and Other Cruel, Inhuman or Degrading since 16 May 1989, is bound by its international commitments and guarantee its citizens the effective implementation of internationally protected rights.

Alkarama for Human Rights and TRIAL (Track Impunity Always), 7 November 2008

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