Libya: OMCT and HRS obtained the condemnation by the UN Human Rights Committee of the Libyan Government for torture, enforced disappearance and subsequent death of Mr. Bashasha
Within the framework of their activities consisting in
fighting for the rehabilitation of the victims of torture and other
ill-treatment and for the sanction of the authors of these violations, the
World Organization Against Torture (OMCT) and Human Rights Solidarity (HRS)
submitted on behalf of victims - and relatives of victims - of grievous human
rights abuses, several communications against the Libyan Government to the
United Nations Human Rights Committee (HRC). This State party disregards its
treaty obligations and especially its fundamental obligations to respect the
right to life and physical and psychological integrity of its nationals.
HRS together with OMCT
submitted the communication No. 1776/2008 before the HRC on behalf of the
relatives of Miloud Ahmed Hussein Bashasha, a Libyan citizen. The HRC concluded
during its 100
th Session that the Libyan Arab Jamahiriya violated
the International Covenant on Civil and Political Rights in the case
Bashasha v. the Libyan Arab Jamahiriya.
The HRC held responsible Libya for arbitrary arrest,
incommunicado detention, torture,
enforced disappearance and subsequent death and for not having provided the
victims with an effective remedy
[1].
Miloud
Ahmed Hussein Bashasha, a Libyan citizen was arrested, without a warrant, in
October 1989 by internal security officers, armed and in plain clothes in Libya. This arrest coincided
with the mass arrests carried out by the Libyan authorities in 1989 when the
regime was cracking down on perceived dissidents. The State Party did not
provide any explanation on the victim’s arrest, subsequent incommunicado
detention in harsh conditions and the subsequent death in 1996
[2].
This was clearly considered as an enforced disappearance which caused to the
close family, including his cousin, author of the communication, acute, long
and chronic mental anguish due to the uncertainty of his fate.
OMCT and HRS
express great satisfaction with the Views adopted by the HRC. According to the
decision, the State Party must conduct a thorough and effective investigation
into the disappearance and death of Miloud Ahmed Hussein Bashasha,
provide adequate information resulting from its investigation and prosecute,
try and punish those held responsible for the violations. It is also required
to return to the family the mortal remains of Miloud Ahmed Hussein Bashasha and
provide adequate compensation for his family for the suffering they endured. The HRC’s decision further provides that the Libyan authorities
must inform the Committee within 180 days of the measures taken to give effects
to the Views.
The State party is also under
an obligation to take measures to prevent similar violations in the future. The
case is emblematic of the Libyan authorities' abysmal human rights record,
especially regarding the widespread practice of arbitrary detention, torture
and enforced disappearance and the related impunity.
Eric Sottas, OMCT’s Secretary
General, considers that “the HRC’s decision adopted in the framework of its
quasi-judiciary mandate finally enables, 14 years after the facts, to establish
the responsibility of the Libyan authorities for torture, enforced
disappearance and subsequent death of one of the numerous persons arbitrarily
arrested in 1996. This courageous decision of the Committee makes up for the
failures of the Libyan judiciary system, whose dependence to the regime is
unfortunately well known. Indeed, as already observed in various other cases,
the Libyan judges turn at to be unable to conduct independent investigations,
to sanction the authors and to compensate the victims or their family. The
Committee enjoined Libya to open an
impartial investigation and to take the necessary measures to end with the
scandalous impunity of the authors. If Libya should not
implement this request, we hope that the international community, in the
framework of the Universal Periodic Review, during the current session of the
Human Rights Council, would adopt steadfast and effective position and measures
in order for international human rights standards to be finally
respected”.
OMCT and HRS call
upon the State of Libya for the full and effective implementation of the
Committee’s decision in the case of Bashasha
v. the Libyan Arab Jamahiriya and to ensure the respect of human rights and
fundamental freedoms throughout the country in accordance with international
human rights standards.
Contacts:
Eric Sottas, World Organisation Against Torture : +41
22 809 49 39
Khaled Saleh, Human Rights
Solidarity : +41 76 570 19 63
[1] The HRC concluded
the State party violated articles 6 and
7 alone and read in conjunction with article 2 § 3, article 9, article 10 § 1
of the Covenant with regard to Miloud Ahmed Hussein Bashasha and a violation of
article 7 of the Covenant with regard to the author himself, the victim’s
cousin.
[2] UN Doc.
CCPR/C/100/D/1776/2008, Human Rights Committee,
Views: Communication No. 1776/2008, 20 October 2010, §2.6 and 2.7: “The family has made numerous attempts to locate him in vain. The family
suspected that Miloud Ahmed Hussein Bashasha was being detained at the Abu Salim
prison, where many persons arrested in the fall of 1989 were detained. Released
detainees reported on the extremely poor conditions of detention, severe
overcrowding, systematic beatings and undernourishment. The UN Special
Rapporteur, Sir Nigel Rodley, reported, in 1999, that the prison conditions in
Abu Salim were harsh, overcrowded and unsanitary. Furthermore, he indicated
that the lack of adequate food, medical care and the use of torture and other
forms of ill-treatment had resulted in the deaths of political prisoners”.