25 May 2012

Libya: Mr. Amhamed Ahwishy, victim of torture and enforced disappearance

Alkarama has seized the Special Procedures of the United Nation today of the case of Mr. Amhamed Ahwishy, a 42-year-old Libyan citizen and a father of four, who has been arbitrarily detained and submitted to acts of torture since 18 October 2011.

Amhamed Ahwishy was arrested in Wadi Masour on 18 October 2011 by a group of armed men that presented themselves as members of "the Katiba of 28 May," a revolutionary brigade of Bani Walid.

He was next to a vehicle driven by an unknown man who asked him the way to Zliten, where he was traveling. Another vehicle belonging to Katiba then crossed their path and opened fire on them.

His companion opened fired on them, but he was not himself armed and thus exited the vehicle and put his arms in the air. One of the men took possession of the car and brought it and Mr. Ahwishy to Bani Walid where he was placed in detention in the former headquarters of the Exterior Security.

The next day, Amhamed Ahwishy was transferred to the headquarters of the brigade located in a public works building near the Bani Walid airport. More detainees were held in the same place during this period, a fact to which anti-government fighters have also testified. According to their testimony, Mr. Ahwishy suffered numerous acts of torture. Witnesses also say that his captors tried to kill him.

The father of the victim demanded to see his son on numerous occasions, but was refused by the Katiba members each time. They denied holding him and sometimes claimed that he had been delivered to the High Security Committee of Tripoli and at others claimed not having seen him since his arrest.

It is clear that those responsible for the "Katiba of 28 May" brigade refuse to inform the family of the victim of his status or even recognize his detention, despite the many testimonies of former detainees as well as members of Katiba that spoke of his detention.

The family of the victim expresses strong concerns about his status and asks the Special Procedures to intervene urgently with the Libyan authorities and request that they liberate Mr. Amhamed Ahwishy, or at the very least to give them information regarding his situation and place him under the protection of the law.

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