27 March 2013

Libya: Former Libyan army employee illegally detained in Misratah

On 8 October 2012, Yaqub Ali Muhammad Dow, a 25 year-old former Libyan army employee, was arrested by revolutionaries in Misratah, reportedly because his name was on a list of alleged supporters of the former Qaddafi regime. Detained for 6 months at Sikat Prison, Misratah, he has never been formally charged or presented before a judge.
Yaqub went to Misratah to collect his car from the city's port when he was stopped by revolutionaries who had set up a checkpoint at the main entrance to the city. There, he was informed that his name was in their system as a member of the Khamis Al Qaddafi Katiba, an armed group loyal to the former Qaddafi regime. Without informing him of the charges against him, showing him any warrant nor undergoing any legal procedure, Yaqub Dow was arrested and was transported to the Sikat prison, in Misratah.

According to Alkarama's information, Yaqub was indeed a member of the former Libyan army stationed in the Souq Al Ahad military barracks in the city of Tarhouna, Rahba Al Aliyat. He was later transfered to the the Khamis Al Qaddafi Katiba, where he worked in the administration. However, according to our information, he was never involved in any kind of military operations during the revolution nor in any activity that threatened public order or security. After the liberation of Tripoli, he returned to his administrative work, posted this time in the Tariq Al Falah area.

Mr Dow was arrested without any legal basis and has been detained arbitrarily for six months at Sikat Prison without being brought before a judge, nor formally charged. He does not have access to any legal counsel.

Yaqub's story is not isolated in post-revolution Libya. At present, arrests and detention by armed groups, or katiba are a widespread practice throughout the country. Most often, people are arrested and detained arbitrarily without any legal procedure because of their alleged support for the former regime. Most of the time, the victims are detained for extended periods of time without being brought before a judge or informed of the charges against them.

On 21 March 2013, Alkarama submitted his case to the UN Working Group on Arbitrary detention to ask them to intervene with the Libyan authorities to ensure Yaqub is released or tried fairly without delay.

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