30 مارس 2008
Libya: The UN and violations of Human
rights
The
seventh session of the United Nations Human Rights Council has just been
concluded. The Special Rapporteur on Promotion and Protection of the Rights to
Freedom of Opinion and Expression informed the Council, during the session, of
the urgent appeal he sent, on 17 August 2007, jointly with the Special
Representative of the Secretary-General on the situation of human rights
defenders, to the Government of Libya on behalf of a group of Libyans who have
been in jail for the last fifteen months for attempting to peacefully express
an opinion on public affairs different from the views of the Government. The
appeal reads as follows:
“1.
The special Procedures mandate holders brought to the attention of the
Government the situation of
Al-Mahdi Humaid,
Al-Sadiq Salih Humaid,
Faraj
Humaid
Adil
Humaid,
Ali
Humaid
Ahmad
Yusif al-`Ubaidi,
Ala'
al-Dirsi,
Jamal
al-Haji,
Idris
Boufayed,
Farid
al-Zuwi,
Bashir
al-Haris,
Al-Sadiq Qashut
ho
were on trial for planning to hold a political demonstration in Tripoli, as
well as `Abd al-Rahman al-Qotaiwi and Jum`a Boufayed, who had disappeared
since their arrest in connection with the same demonstration. According to the
information received, the fourteen men listed above were arrested on 15 and 16
February 2007 for organizing a demonstration in Tripoli, aiming at marking the
first anniversary of the death of eleven people in a clash with the police on
17 February 2006 during a protest against the publication of the cartoons of
the Prophet Mohammed in a Danish newspaper. Twelve of the fourteen men
detained were on trial for planning to overthrow the government, possession of
arms, and meeting with an official from a foreign government. According to
Articles 166, 167 and 206 of the Libyan Constitution, these men could be
sentenced to death. `Abd al-Rahman al-Qotaiwi and Jum`a Boufayed, who were
arrested as organizers of the demonstration, had disappeared since their
arrest and not been brought to court. The Rapporteurs expressed concerns that
the arrest and disappearance of the above mentioned persons might be linked to
their activities in defense of human rights.
Response from the Government sent on 5 November 2007
1. In
its response, the Government informs that the persons mentioned in the
communication were accused of committing acts that are punishable under Libyan
law. They were charged and brought before the competent court of appeal to be
tried pursuant to article 2, paragraphs (a), (b) and (c), of Revolution
Command Council Decree No. 71 of 1972, concerning unlawful political
activities; articles 178, 196, 206 (32), 207, 211 (1), (2) and (3), and 345
(1), of the Libyan Criminal Code; article 195, as amended, of Act No. 80 of
the year 1327 MWR (from the death of the Prophet); articles 1, 2, and 3 (1),
of Act No. 7 of 1981, concerning possession of weapons, ammunition and
explosives; articles 59 (1), 60, 76 (2), 100 (2) and (3), and 101, of the
Criminal Code; and articles 1, 2, 4 and 8 (1), of Act No. 4 of 1423 MWR,
concerning the prohibition of alcohol, as amended in 1425 MWR. The case was
heard by the court during four sessions, the last of which was held on 4
August 2007. No criminal verdict was handed down in the case. The court
applies the Code of Criminal Procedures and the Libyan Criminal Code to the
defendants”. End quote.
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Text
of law NO. 71 of 1972 referred to by the Government
This
law violates the letter and spirit of the CCPR, specifically articles 19, 21
and 22, ratified by Libya which should recognize the precedence of its
obligations under international law over its domestic laws which should be all
conform to Libya’s international commitments. Any law that is not in
conformity with those commitments becomes legally CADUC .
Full
text of Law No 71 of 1972 (Translated from Arabic by the LLHR)
Article 1: The “Arab Socialist Union” shall be the sole basic people's
organization in the Libyan Arab Republic through which citizens shall exercise
freedom of opinion and expression, within the limits of the interests of the
people and the principles of the Revolution, in accordance with the provisions
of the Statutes of the “Arab Socialist Union”.
Article 2: Party politics shall constitute betrayal of citizens and of the
alliance of the people's forces, represented by the “Arab Socialist Union”. A
political party means any grouping, organization or faction, regardless of its
form or the number of its members, which is based on a political ideology the
aims or means of which are contrary to the principles of the 1 September
Revolution or which seeks to harm the constitutional institutions of the
Revolution overtly or covertly, irrespective of whether the ideology on which
it is based is written or unwritten or whether its advocates and supporters
use material or other means.
Article 3: Anyone who advocates the establishment of, or who founds,
organizes, manages, funds or provides premises for the meetings of, any
grouping, organization or faction prohibited under the terms of this Act shall
be liable to the death penalty. The same penalty shall also apply to anyone
who becomes a member thereof or in any way incites others to do so or who
provides it with any assistance or in any way receives or obtains, directly or
indirectly, money or benefits of any type from any person or body with a view
to establishing or making preparations for the establishment of the prohibited
grouping or organization. No distinction shall be made in regard to the
severity of the penalty between a superior and an inferior, regardless of
their rank in the party, grouping, organization, faction, section, cell or the
like.
Article 4: Special courts may be established, by decision of the Revolution
Command Council, to try persons accused of the offences specified in this Act.
The judgements of these courts shall be subject to ratification by the said
Council, which shall also be empowered to quash or commute such judgements.
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