Arbitrary detention /
Judicial harassment /
Threats / Ill-treatment
Libya
May 18, 2018
The Observatory for the Protection of
Human Rights Defenders, a partnership of FIDH and the World Organisation
Against Torture (OMCT), requests your urgent intervention in the following
situation in Libya.
Brief description
of the information:
The Observatory has been informed by
reliable sources about the arbitrary arrest and detention of Messrs. Essam Safar and Ramadan Althoweeb,
two bloggers who have denounced corruption and the presence of armed militia
groups in Libya via social media.
According
to the information received, on March 31, 2018, Mr. Essam Safar was arrested by
armed militias in Misrata and taken to Al Jawiya prison[1].
One day before his arrest, he was followed and shot in the leg by armed
militias, and subsequently hospitalised in Misrata. When his family tried to
visit him at the hospital that night, they were told he was not there.
At the time of publication of this Urgent Appeal, Mr.
Essam Safar remained detained despite very precarious health conditions at Al
Jawiya prison, where he does not have adequate medical attention. Indeed, Mr.
Essam Safar was transferred to Al Jawiya prison a day after he had been shot in
the leg and before being fully treated at the hospital. As as result his injury
was not treated adequately and is worsening. He
has neither contact with his family nor with a lawyer.
Mr.
Essam Safar’s arrest follows Facebook
posts in which he had criticised the religious current and armed militias controlling
Libyan security forces as well as the lack of rule of law in the country. His Facebook page has since been taken down.
He is facing several accusations including “drug dealing”, “armed attack on
security forces” and “attempted murder”.
Moreover,
on April 9, 2018, Mr. Ramadan Althoweeb was threatened by the Militia 42 Ain
Zara, an armed militia group controlling the Ain Zara municipality, to withdraw
and offer an apology for Facebook posts
in which he exposed the head of Ain Zara’s municipality, Mr. Abdulwahab Baloq,
and released documents proving acts of corruption and the transfer of money to
people who are not employed by the municipality. Mr. Ramadan Althoweeb also
called for accountability and transparency by the municipality. Since, Mr.
Ramadan Althoweeb’s Facebook page has
been taken down.
Upon
his refusal, Mr. Ramadan Althoweeb was abducted from the street by the Militia
42 in Ain Zara. He is currently detained at Ain Zara prison, a prison known for
his acts of ill-treatment on detainees, in the outskirts of Tripoli. He does
not have access to his lawyer and family. Additionally, on April 9, 2018, his
father was physically attacked by the Militia 42 in Ain Zara while he tried to
visit his son in prison. At the time
of publication of this Urgent Appeal, Mr. Ramadan Althoweeb remained detained at Ain Zara prison and no
information could be obtained about possible accusations against him.
The
Observatory expresses its utmost concern over the arbitrary detention of
Messrs. Ramadan Althoweeb and Essam Safar and their physical and psychological
integrity given the widespread use of torture and ill-treatment by Libyan
authorities and the diverse armed militias controlling parts of the country,
taking place in a context of total impunity.
The
Observatory urges the Libyan authorities to immediately and unconditionally
release Messrs. Ramadan Althoweeb and Essam Safar as their detention is
arbitrary and aims at silencing their peaceful and legitimate human rights
activities, particularly their right to freedom of expression.
In
the meantime, the Observatory calls upon the Libyan authorities to ensure their
physical and psychological integrity, to ensure they have unhindered access to
their lawyers and family
Please write to the authorities in Libya,
urging them to:
i. Guarantee in all circumstances Messrs.
Ramadan Althoweeb and Essam Safar’s psychological and physical integrity as
well as of all human rights defenders in Libya;
ii. Immediately and unconditionally release
Messrs. Ramadan Althoweeb and Essam Safar as their detention is arbitrary and
only aims at punishing them for their peaceful and legitimate human rights
activities;
iii. In the meantime, guarantee the right to
due process and fair trial of Messrs. Ramadan Althoweeb and Essam Safar,
including the unhindered access to their lawyers and family;
iv. Conduct an immediate,
thorough, impartial and transparent investigation into the above-mentioned
incidents in order to identify all those responsible, bring them before an
independent tribunal, and sanction them as provided by the law;
v. Put an end to all forms of harassment,
including at the judicial level, against Messrs. Ramadan Althoweeb and Essam
Safar and all human rights defenders in Libya so that they can carry out their work
without hindrance or fear of reprisals;
vi. Comply with all the provisions of the UN Declaration
on Human Rights Defenders, adopted by the United Nations General Assembly on
December 9, 1998, in particular with its Articles 1, 5(b), and 12.2;
vii. Ensure in all circumstances the respect for human
rights and fundamental freedoms in accordance with the Universal Declaration of
Human Rights and with international and regional human rights instruments
ratified by Libya.
Addresses:
·
Mr. Fayez al-Sarraj, Prime Minister,
Tripoli, Libya, Twitter: @FaiezSerraj
·
Mr. Mohamed Abdelwahed Abdelhameed,
Minister of Justice, Tripoli, Libya. Fax: +218 21 480 4631
·
Mr. Aref al-Khoga, Minister of Interior,
Tripoli, Libya. Fax: +218 21 340 0461
·
Mr. Adel Shaltut, Chief of the Permanent
Mission of the State of Libya to the United Nations in Geneva, Switzerland.
Email: mission.libye@bluewin.ch, Fax: +41 22 959 89 10
·
Permanent Mission of the State of Libya to
the United Nations in New York, USA. Email: info@libyanmission-un.org, Fax: +
1-212-593-4787
·
Embassy of Libya in Brussels, Belgium.
Email: info@embassyoflibya.eu, Fax: +3226492113
Please also write to the diplomatic
representations of Libya in your respective countries.
***
Geneva-Paris, May 18, 2018
Kindly inform us of any action undertaken
quoting the code of this appeal in your reply.
[1]
The Libyan Government's authority is challenged by nearly
2,000 operating militias across the country which have profited from and filled
the vacuum of Libya's political fragmentation. The “rouge” armed militia
groups, outside of government control and without government financing, control
most of the public bodies in Misrata. Their income comes from human trafficking
and smuggling of oil and arms. Libyan civilians are in fear of those militias
and if they speak out against them, they face imprisonment, enforced
disappearance and/or torture. During the 2011 uprising, Misrata became a
stronghold for Islamist militias with more than 200 militias and a total of
40,000 fighters. Some receive funding from the General National Congress, one
of Libya's three rival governments, while others have links to Muslim
Brotherhood politicians.
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