06 March 2008

Libya: The Working Group on Arbitrary Detention recommends the liberation of Dr. Aboussedra

AlKarama for Human Rights, March 6, 2008

The Working Group on Arbitrary Detention had been seized by AlKarama in order to intervene in the case of Dr. Mohamed Hassan Aboussedra, who was arrested on the night of January 19, 1989 and disappeared since 2005. The Working Group adopted regarding this case, in its penultimate session, an opinion which has been notified to AlKarama.
AlKarama had because of the lack of response from the Libyan government filed a complaint on October 11, 2007 with the Committee on Human Rights regarding the case of Dr. Aboussedra (See press release ).

Maintained in solitary confinement in the prison of Abu Slim with four of his brothers during his first three years of detention, he has been tried in 2004 and sentenced by the "Popular Tribunal" of Tripoli to life imprisonment as a result of a CLOSED trial where none of his rights had been respected.

During the trial, no facts that may receive an offence has not been charged, but has only been questioned about his political beliefs.

After the abolition of "Popular Tribunals" in Libya, Dr Aboussedra was retried on 02 June 2005 by a civil court and was sentenced this time to 10 years' imprisonment, which sentence he had already completed because he had been detained since 16 years. The judge has therefore ordered his release.

He was however extracted from prison on June 9, 2005 and transferred to an unknown location and disappeared since that date.

The Working Group noted in its opinion 16/2007 that the Libyan State violated Articles 9 and 10 of the Universal Declaration of Human Rights and Articles 9 (right to freedom) and 14 (right to justice) of the International Covenant on Civil and Political Rights. Accordingly, this detention is considered by the Working Group as arbitrary.

The UN Working Group recommends that the Libyan Government to remedy this situation and to release Dr. Aboussedra.

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