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THE LIBYAN LEAGUE FOR HUMAN
RIGHTS
الرابطة
الليبية لحقوق الانسان
allibyah@yahoo.com
Tel: 0041797428470
00491716458278
16 November 2007
Dear Ms. Arbour,
Subject: Libyan Human Rights
Defenders on Hunger Strike
On 18 October 2007, the Human Rights
Committee completed its review of Libya’s fourth periodic report,
which was due for consideration in 2002. Libya not only submitted
its report five years after the deadline but also, more
importantly, did not comply with the recommendations of the
Committee made in 1998 on the conclusion of the review of the
country’s third periodic report. In the words of the Committee,
“the recommendations of 1998 have not been fully taken into
consideration and [the Committee] regrets that almost all subjects
of concern remain unchanged”. It therefore renewed its call to the
Government of Libya to “comply with all recommendations addressed
to it by the Committee and take all necessary steps to ensure that
national legislation and its implementation guarantee the
effective enjoyment of all Covenant rights in the State party”.
The Committee again found that the Libyan
Government is imposing “extensive limitations of the right to
freedom of opinion and expression in law and in practice,
particularly those imposed on peaceful opposition to, or criticism
of, the Government and the political system”. As in 1998 and with
identical words, the Committee once more called on the Government
to “ revise its legislation to ensure that any limitations on the
right to freedom of opinion and expression, including those of the
media, are in strict compliance with the Covenant”.
The Libyan League for Human rights strongly
believes that the HRC’s present policy of only observing
violations, without further action, will not remedy the worsening
situation of human rights in Libya. The Committee made similar
recommendations when it reviewed Libya’s first (1982), second
(1992), and third (1998) periodic reports but the Libyan
Government, as noted by the HCR, failed to take the
recommendations into consideration. Each time the Committee calls
on the Libyan Government “to comply with all recommendations” and
each time the same Committee observes that the previous
recommendations have not been taken into consideration by Libya
and that “almost all subjects of concern remain unchanged”. We
believe that it is time for the HRC to cease its “observe only”
approach and take a more pragmatic attitude whereby the Committee
clearly identifies violations, as well as their causes and
remedies, and sets deadlines for the Government to redress all
violations in conformity with its obligation ensuing from Libya’s
accession to the CCPR. The previous approach has so far proved
unproductive with the Government and it is imperative that the
Committee finds new ways to ensure the implementation of its
recommendations in Libya and elsewhere. Failure to do so will
result only in more violations, broader impunity and erosion of
the moral authority of the Committee, the eyes and ears of the
international community in the field of civil and political rights
and a major protector of human rights defenders.
In Libya, most human rights defenders are
silent and voiceless as they have realized that they have no
protection and that undertaking any human rights activities may
result only in their arrest, jail and possibly torture. This
situation is further exacerbated by a feeling that the HRC has not
adequately fulfilled its protection duties when it comes to
protecting Libyan human rights defenders. The case of Dr Idriss
Bufayed illustrates this lack of concern on the part of the
Committee. Dr. Bufayed, a prominent human right defender, together
with 11 other Libyans, has been in jail for the last 10 months for
daring to attempt to exercise his right to freedom of expression
as defined in article 19 of the CCPR to which Libya is a party.
We are not aware of any action that has been or is being taken by
the OHCHR or any other UN Human rights office to defend this group
whose “crime” is their call for a public sit in (on 17 February)
in a square in Tripoli to protest against the continuous violation
by the Libyan Government of the letter and spirit of the CCPR,
especially articles 19, 21, 22 and 25, and to call for recognition
of the right to freedom of expression, freedom of assembly and
freedom to elect the Government in a free and fair election. It is
noteworthy that these violations were also recognized as major
concerns by the Committee.
The 12 defenders, who were arrested on 16
February 2007, have experienced all forms of malicous
mistreatment, including incommunicado detention for long periods
of time, abuse, poor diet and insufficient medical care. According
to unconfirmed reports, at least four of the 12 detainees - Driss
Bufayed, Jamal Alhajji, Almahdi Hmeid, and Ahmed Alaabeidi - have
been sujected to long and regular sessions of torture. They have
all embarked, since 7 November, on a hunger strike in protest
against this mistreatment and the harsh conditions of their
detention. We have no doubt that you are aware of this case as
members of the HRC mentioned some of its details last month on the
occasion of the review of Libya’s fourth report. At this stage
there is an urgent need for prompt and strong representations from
your office and the Committee to the Libyan Government on behalf
of the detainees to secure their release and their safe return to
their families and friends. It is important that the OHCHR
stresses in its representations that the group has done nothing
wrong and that the right to freedom of expression is an
internationally recognized inalienable right the violation of
which cannot be condoned under any circumstance. The promptness of
your intervention is all the more necessary since the lives of
those on hunger strike are under real threat as they are suffering
from orthostatic hypotension, dehydration and severe malnutrition.
We thank you in advance for any action you
may decide to take to secure the release of this group of human
rights defenders. Meanwhile we urge you to appoint an independent
medical examiner to monitor the health of the strikers and to
provide immediate medical assistance to save their life. The
Libyan League for Human rights remains at your disposal for any
additional information you may require.
Yours sincerely
Sliman Bouchuiguir (Ph.D)
Secretary-General
Ms. Louise ARBOUR,
High Commissioner for Human Rights
Palais Wilson / 1211 Geneva
CC :
-
H.E Mr Doru Costea,
-
President of the Human rights Council
-
Palais Wilson / Geneva
- Mr. Rafael RIVAS POSADA
Chaiman Human Rights Committee
Palais Wilson / Geneva
-
All members of the HRC (17 members excluding the Chairman)
-
Secretary Of HR COUNCIL
-
Secretary of HR Committee
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