28 November 2012

Libya: Thirty-eight year old dies as a result of torture

In the night of 27 April 2012, Ahmed Abdallah Al Khamsa, aged 38, was arrested on his way home from presenting his condolences for the death of Mr Lotfi Ben Qaïd, an acquaintance. The arresting forces had initially gone to Mr Al Khamsa's home at 11.30 pm, but had not found him there. One of the agents present told the brother of the victim, who was at the family home, that Mr Al Khamsa had been summoned by the Prosecutor of Al Suwani for a routine interrogation about the death of Mr Ben Qaïd, but he did not show an arrest warrant for Mr Al Khamsa's arrest.
Mr Al Khamsa's family was informed the next day, 28 April, at 12.30 pm by an officer at Suwani Police Station, that Mr Al Khamsa had died because of a heart attack while being interrogated. However, when the family saw the body of Mr Al Khamsa at Tripoli hospital, they noticed marks of torture all over his body. This suspicion was supported by the autopsy report prepared on 29 April 2012, which concluded that Mr Al Khamsa had been beaten to death.

In today's Libya, particularly following the civil war of 2011, the authorities rarely investigate and prosecute those found responsible for torture or extra-judicial executions, especially when this involves members of Katiba (battalions – non-governmental armed groups). It should be noted that at present in Libya a number of these Katiba act and are treated like governmental security forces, namely are able to arrest and detain individuals in full acquiescence of the police. Indeed, Katiba have held individuals in detention centres and police stations, but also in secret places of detention under the control of these Katiba.

In order to combat ongoing impunity in Libya relating to extra-judicial executions, Alkarama has submitted on 27 November 2012 a communication regarding the case of Mr Al Khamsa to the United Nations Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions.

Alkarama requests that the competent authorities to take all necessary measures to establish the truth of what had happened by ensuring a prompt, thorough and impartial investigation into these events.

Mr Ahmed Abdallah Al Khamsa (أحمد عبدالله الخامسة) aged 38 at the time of his death, is of Libyan nationality, residing with his family in Al Wassat village, in Al Riyaïna (الرياينة), 140 km south-east of Tripoli.

Qatar - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

No

Convention against Torture (CAT)

CAT: Accessed on 11.01.2000
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Due on 23.11.2016 (3rd)
Last concluding observations: 25.01.2013

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

No

Universal Periodic Review (UPR)

Last review: 05.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

National Human Rights Committee (NHRC) – Status A

Last review: 10.2010
Next review: 11.2015