01 October 2009

Libya: Hisham al-Tabakh, victim of police brutality

As he was leaving his mother-in-law's home after lunch on 19 May 2008 Hisham al-Tabakh heard gunshots nearby... He quickly ran to where he thought shots were fired and saw two policemen harassing an 80 year old man. Mr. al-Tabakh approached the officers and tried to reason with them, but instead they dropped the old man and attacked Mr. al-Tabakh. The two officers dragged him to a nearby police car, where a gang of 20 policemen were patiently waiting.

Officers began hitting Hisam al-Tabakh with stones, batons, metal bars, their boots and bare hands. Suddenly he felt his leg snap, he was thrown into the backseat of a police vehicle. One of the officers even tried to stab him with a knife, cutting Hisham al-Tabakh on his left hand. The officers in the passenger's seats violently beat him over the head with a stick until it broke. They then strangled him, threatening to take his life. One of the officers hit him over the head with the butt of a
revolver while another hit him in the eye with a blunt object.

Eventually they arrived at Tajouraa police station - Mr. al-Tabakh was dragged from the car and the beatings continued until a group of officers finally intervened. Hisham al-Tabakh was in such a critical state when he arrived at the police station that he was immediately taken to a clinic to avoid him dying on the spot. Doctor's there quickly diagnosed he was near death and ordered that he be immediately taken to Tripoli Central Hospital.

Following the hospital examination he was diagnosed with severe swelling to his right eye and having a fractured knee and a ruptured tendon, as well as serious bruising and cuts over his entire body. He remained in hospital for 16 days under police surveillance. Despite his critical state, on 3 August 2008, he was taken on crutches to Tajouraa police station for interrogation. He was jailed for 3 days in Ain Zara prison before being released without ever being charged.

Hisham al-Tabakh wrote letters to several NGOs and charity organizations, including the Gaddafi International Charity and Development Foundation (GICDF), yet to no avail. After having openly condemned police forces and submitted complaints to the authorities, he now fears for his life and safety.

Hisham Mohammad Mustafa al-Tabakh, 29 at the time of the incident, is a resident of Ain Zara, Tripoli.

In the light of the events surrounding his arrest, Alkarama sent a communication, on 1 October 2009, to the Special Rapporteur on Torture informing him of the blatant violations committed by the Tajouraa police forces. Alkarama continues to follow the case, keeping a close eye on Mr. al-Tabakh's safety.

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