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.

 

 

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