07 July 2008

Libya: Abdussalam Il-Khwildy's case before the Human Rights Committee

On 3 July 2008, Alkarama for Human Rights and TRIAL (Track Impunity Always) have jointly submitted an individual communication to the United Nations Human Rights Committee  regarding the case of Mr. Abdussalam Il-Khwildy, a victim of serious human rights violations by the Libyan authorities.

Abdussalam-Khwildy was born on October 18, 1967, holds a degree in economics, works as an entrepreneur, is married and father of five children and lives in Benghazi, Libya.

He was arrested a first time in April 1998, accused of having helped in 1996 his brother Khaled, an officer in the Libyan Air Force, to flee the country. He was held incommunicado for 9 months during which he was savagely tortured before being transferred in January 1999 at the Abu Slim prison in Tripoli. After being arbitrarily detained for 5 years, he was released without trial in May 2003.

Arrested a second time on October 17, 2004, he was convicted on 07 August 2006 by a court of exception in an unfair trial, to a sentence of two years' imprisonment. Even though he should have been released from Abu Slim prison in Tripoli on October 17, 2006, he was taken to another place of secret detention and disappeared for more than 18 months.

His father was finally able to visit him on April 30, 2008 after a year and a half disappearance. He remains, however, arbitrarily detained whereas he should have been released on October 17, 2006.

The Khwildy family has on many occasions suffered persecution and reprisals by the authorities and "popular committees" since the flight of Khaled.

In April 1998, the eldest son, Djemaa Il-Khwildy, was summarily executed on public roads in Benghazi.

A few days after that event, all men of the family of Khaled Il-Khwildy, including Abdussalam, were arrested at their homes by the Internal Security: The Father, Amar, born in 1937, brother Majdy, then aged 15 years, another brother, Tarek aged 13 years and a third, Osama, 11 years old were all imprisoned at the Benghazi prison.

All the men arrested have, to varying degrees, been subjected to ill-treatment, and only when Abdussalam Il-Khwildy admitted that he acted alone to help his brother escape, that his father and younger brothers were released after more than a month of detention.

A few months later, in July 1998, Mohamed Il-Khwildy who was on the run since the arrest of other members of his family, was killed at his home by the officers of the Homeland Security.

The communication presented to the UN Human Rights Committee requests this institution to observe the numerous violations suffered by Mr. Abdussalam Il-Khwildy including arbitrary detention, torture, enforced disappearance, unfair trials, and the impossibility to file an appeal.

We recall that Libya has ratified the International Covenant on Civil and Political Rights which allows victims of violations of principles of the pact to submit their case to the Human Rights Committee which is empowered to examine their complaint.

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