04 January 2013

Libya : Family of 51 year-old executed by Libyan Katiba during civil war seeks justice

Abdulhakim Kalhood, a 51 year-old Libyan, was arrested in the evening of 16 October 2011 at his home in Al-Garabulli, 60 km east of Tripoli by the local Katiba. Nine days later, he died after having being detained and severely beaten by his abductors. Alkarama has received several cases of people dead as a result of torture at the hands of Libyan Katibas during the Libyan civil war. In today's Libya, these battalions are rarely investigated and prosecuted for their crimes. In fact, they are most often treated as governmental security forces, and are therefore able to arrest and detain individuals in full acquiescence of the police.
Mr Kalhood's family is seeking justice to hold the perpetrators accountable for their acts and requested Alkarama to submit this case to the UN to combat against ongoing impunity in the country.

Arrest and detention

On 16 October 2011, Mr Kalhood was arrested from his home, in front of his family, by the Katiba of Shuhada Al Garabulli and taken to an unknown location where he was detained in secret. It was only five days after his arrest that an investigator from the Katiba came to inform the victim's brother where Mr Kalhood was being detained.

After calling the headquarters of the Katiba, the brother went there where he recognized some of the men who had participated in his brother's arrest. One of the guards informed him that the victim had confessed to the accusation held against him and that he had been moved to the hospital to receive medical treatment.

On 25 October 2011, Mr Kalhood's brother again contacted the Katiba and obtained an agreement that he would be able to see his brother the following day. However, at 4pm the same day, the brother received a phone call telling him that his brother had died, and that his body was in Al-Garabulli Public Hospital (مستشفى القره بوللي العام).

Autopsy finds a slow execution

Mr Kalhood's family was able to piece together what had happened prior to his death on the basis of several medical reports they managed to obtain.

Mr Kalhood's family first learned that the investigator in the Katiba of Shuhada Al Qurah Buly had, a few days before his death, requested Al Garabulli Public Hospital provide medical care at the headquarter of the Katiba. The medical staff found Mr Kalhood alive, but incapable of speaking due to his injuries.

A medical report of 26 October 2011 states that Mr Kalhood had come to the same hospital on 18 October 2011 accompanied by the security forces working for the town council of Al Garabulli. When he was presented to the doctor on 18 October, he was unable to walk, stand or even speak and appeared very sick. The doctor was told that Mr Kalhood was complaining of a stomach ache and had not been eating. The doctor tried to speak with him, but could not get a clear answer, apart from some words. The doctor asked the security officer with him how long Mr Kalhood had been in this condition, who replied that Mr Kalhood had had this problem for a very long time. The doctor therefore asked him to provide him Mr Kalhood's medical file, and the results of his previous examinations to assess his health. The doctor also took some samples, and checked his vital signs which were within the normal range.

The autopsy report dated 26 October 2011 describes that the body was covered by numerous injuries in various stages of healing, and that the death was due to trauma injuries, including on the testicles.

The family has laid a complaint against the perpetrators directly after Mr Kalhood's death, but is not aware of any legal proceedings being taken by the Public Prosecutor against the accused.

Mr Kalhood's death as a result of torture while at the hands of the Katiba of Shuhada Al Garabulli, violates Libya's obligation under article 6, 7 and 10 of the International Covenant on Civil and Political Rights (ICCPR) and article 1 of the Convention against Torture (CAT).

In order to combat ongoing impunity relating to extra-judicial executions and torture during the 2011 civil war, Alkarama submitted the case of Abdulhakim Kalhood to the UN Special Rapporteur on Extra-judicial executions on 21 December 2012.

Libya - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 15.05.1970
Optional Protocol: Yes

State report: Overdue since 30.10.2010 (5th)
Last concluding observations: 15.11.2007

Convention against Torture (CAT)

CAT: Accessed on 16.05.1989
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14 June 2014 (initially due in 2002)
Last concluding observations: 01.01.1999

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 05.2015 (2nd cycle)
Next review: May 2015 (2nd cycle)

National Human Rights Institution (NHRI)

National Council for Civil Liberties and Human Rights − Status B

Last review: 10.2014