10 June 2009

Libya: Dr Aboussedra released, arbitrarily detained since 1989

Alkarama learned that Dr Mohamed Hassan Aboussedra arrested in 1989, detained arbitrarily since, and twice victim of enforced disappearance, was released on 7 June 2009. He is however forbidden to leave Tripoli.

In October 2007, Alkarama made a complaint, on behalf of Dr Aboussedra's family, with the aid of the UN Human Rights Committee against the Libyan government to establish the numerous human rights violations against Dr Aboussedra and his family. See communiqué.

Reminder

Dr Mohamed Hassan Aboussedra, a biologist now aged 53 was arrested with his four brothers by the security forces at his home in Al-Bayda the night of 19 January 1989, without a judicial warrant and without being given a reason for his arrest.

The five men were detained incommunicado for three years without their families knowing their whereabouts. Throughout this entire period, they did not know if they were dead or alive, and were never given any information from the authorities.

Only three years later did the family learned that all were alive and held in Abu Slim prison in Tripoli. However, the reasons for their detention remained unknown. All of them were tortured during their detention.

After six years of incarceration under inhumane conditions, the four brothers were released without being brought to justice. As for Dr Mohamed Hassan Aboussedra, he continued to be detained without judicial process, without access to counsel and without being able to challenge the lawfulness of his detention.

Following the massacre committed by the Libyan security forces at Abu Slim prison on 28 and 29 June 1996 that resulted in several hundred victims Dr Aboussedra's detention worsened. He has been completely cut off from the outside world for several years, without family visits and no possibility of contact with a lawyer.

It was not until 2004 that Dr Aboussedra was brought before a court for first time; fifteen years after his arrest. He was sentenced by the People's Court in Tripoli to life imprisonment as a result of a trial behind closed doors, where none of his rights were respected.

During this trial, no precise facts of a criminal nature were given against him. He was simply questioned about his political beliefs.

After the abolition of people's courts, Dr. Aboussedra was retried on 2 June 2005 by a civil court and was sentenced this time to 10 years' imprisonment; a sentence he had long since served, as he was imprisoned for 16 years previous. The presiding judge thus ordered his release.

While his family were waiting for him to be released , they learned from a released prisoner that Dr Aboussedra had been taken from Abu Slim prison on 9 June 2005 by officers of the internal security forces and transported to an unknown destination.

More than 20 years after his arrest, Dr. Aboussedra was finally released.

 

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