15 February 2008

Libya: Disappearance of an asylum-seeker deported from Switzerland

Alkarama for Human Rights, February 14, 2008

Alkarama has requested the UN Working Group on Enforced or Involuntary Disappearances to intervene in the case of Mr Abdelsalam Ibrahim Mohammed, missing since his return from Switzerland. Mr. Mohammed, born December 7, 1967, has been sent back to Libya by special plane from Zurich airport on November 23, 2007. His request for asylum had been rejected by Swiss authorities. He has disappeared since his expulsion.
Mr. Mohammed had informed the Swiss authorities about the risk of arrest and torture if he was to be handed over to Libyan authorities.

His mother and his brother living in Benghazi (Lybia) had been notified of his dismissal by his other brother living in Switzerland. They have received confirmation that he had not arrived by a regular flight at the international airport in Tripoli, but that he had been landed on the Um Atika military airport, where he was immediately arrested by the Libyan security services.

His family has made numerous unsuccessful inquiries with the various Lybian "popular offices" to inquire about his fate and the reasons for his arrest and detention.

His brother has only received informal nes that Abdelsalam Mohammed had been handed over to the services of external security (Al Amn Al Khariji). The Lybian authorities, however, do not aknowledge his detention.

According to information collected by the same brother from Tripoli courts, Abdelsalam Mohammed has never been brought before any court since his arrival in Libya.

There is therefore no possibility for his family to mandate a lawyer to assist him, as long as he is held incommunicado and without a legal procedure.

Knowing the treatments to which are often subjected persons detained incommunicado in Libya, it is clear that the  physical integrity of Mr. Abdessalem Mohammed is very seriously threatened.

Some European countries - including Switzerland - expel rejected asylum-seekers to their country of origin where they are at risk of torture, incommunicado detention and sometimes disappearance based on "diplomatic assurances", that is the promise of the country of origin not to use torture against the expelled person.

The "diplomatic assurances" are intended to circumvent government obligations not to return people who might be subjected to such violations. They are primarily sought from the states where torture is practised. But the countries expelling people in such cases have no way to verify that these assurances are met. And in many cases, those returned are imprisoned and tortured.

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