23 May 2012

Libya: Arbitrary detention of Mr. Sayed Qaddaf Dam, cousin of the former head of state Muammar Qaddafi

Mr. Sayed Qaddaf Dam, 64, was arrested at him home in Syrte on 18 September 2011 by armed men without any warrant on the soul basis of his familial relationship with the former head of state Muammar Qaddafi, who was his cousin.

When he was arrested, he was awaiting a surgical procedure on his spinal column to treat lesions from which he suffers. Since his placement in detention, his general state of wellbeing has suffered due to the absence of adequate medical attention.

Although the investigation charged with inquiring into the charges against him found that he had not played any political role during the Qaddafi years nor had he participated in the recent civil conflict in any way, he has been kept in detention in Misrata prison.

Due to his medical situation, his family has pursued audiences before the new authorities to request his release.

Mr. Mustapha Abdel Jalil, the President of the National Transitional Council, after having been assured that the inquiry found Mr. Sayed Qaddaf Dam to be innocent of all charges, has demanded his release on the basis of medical necessity as well as the need to make sure that the detention of any person is the exception, not the rule.

Despite this, the security authorities of Misrata refuse to follow up on the recommendation of the President of the National Transitional Council and will not free the victim despite having no legal basis for his detention.

Alkarama has submitted an urgent appeal to several Special Procedures bodies of the United Nations to request that they intervene with the Libyan authorities and ask that they release Mr. Sayed Qaddaf Dam, guarantee his physical integrity, and assure that he receives adequate medical care immediately.

The appeal was submitted to:

  • The Working Group on Arbitrary Detention
  • Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
  • Special Rapporteur on Torture

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