Death penalty commute to life sentence

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information concerning the following situation in Libya.

New information

The International Secretariat of the OMCT has been informed about the commute of death penalty to life sentence for the five Bulgarian nurses, namely Ms. Christiana Vulcheva, Ms. Nassya Nenova, Ms. Valenitina Siropulo, Ms. Valya Chervenyashka, Ms. Snejana Dimitrova, and one Palestinian doctor, Mr. Ashraf al-Hajuj on 17 July 2007.

They have been in prison since 1999 and under sentence of death since 2004 following unfair trials, for allegedly infecting hundreds of children with HIV.

The International Secretariat of OMCT welcomes this decision although it expresses its concern over the fact that they remain in prison under life sentence. OMCT urges the Libyan authorities to guarantee the nurses’ and doctor’s physical and psychological integrity in all circumstances.

Reminder of the situation

On 9 February 1999, over seventy health professionals from Bulgaria (23 persons), Egypt, Hungary, the Philippines and Poland were arrested in Benghazi, Libya, following an investigation into an HIV virus epidemic in the Al-Fateh Pediatric Hospital in Benghazi, in which 393 children were reportedly infected. All of the persons that were arrested were released the next day, except the 23 Bulgarian detainees. All but five of these were released one week later. The five persons who remained in custody were all female nurses, including: Christiana Vulcheva, Nassya Nenova, Valenitina Siropulo, Valya Chervenyashka, Snejana Dimitrova. One Palestinian doctor was also arrested and charged.

All of them were first sentenced to death by firing squad in May 2004 after being convicted of deliberately infecting 426 children with HIV in al-Fateh Children’s Hospital, Benghazi -- a charge which they have all consistently denied. The death sentences were overturned on 25 December 2005 by the Supreme Court, which ordered the health professionals to be retried. The retrial began on 11 May 2006 at a criminal court in Benghazi, concluding with the death sentences of 19 December 2006. On 11 July 2007 Libya's Supreme Court confirmed the sentences. The case was examined by the Supreme Council of Judicial Authorities, which reportedly decided on the commutation of the death sentences. According to the information, by law all death sentences in Libya have to undergo a final review by the Supreme Council of Judicial Bodies.

According to the information, all of the defendants have complained that during the initial stage of detention they have been subjected to torture and inhuman treatment. The forms of torture to which they have been subjected typically include: electrocution, beating with electrical wire, being kept naked and crucified for lengthy periods of time, being beaten on the soles of the feet, being drugged, the use of fire and ice-cold showers, being held in over-crowded cells, being blinded by bright lights and being intimidated and bitten by police dogs (see OMCT urgent appeal LBY 280901).

Furthermore, they were at first detained for about 10 months without having access to their families. They were allowed access to a defence lawyer only after trail proceedings had begun. In mid-May 2000 the Libyan defence lawyer for the Bulgarian defendants, Osman Bizanti, who was hired by the Bulgarian Embassy, told the media that he had only met his clients on two occasions.

Actions requested

Please write to the authorities in Libya urging them to:

1. Guarantee the physical and psychological integrity of the mentioned above;
2. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Colonel Mu'ammar al-Kaddafi, Leader of the Revolution, Office of the Leader of the Revolution, Tripoli, Great Socialist People's Libyan Arab Jamahiriya. Fax : + 218 21 333 01 85
• Her Excellency Ambassador Mrs. Najat Al-Hajjaji, Permanent Mission of the Socialist People's Libyan Arab Jamahiriya to the United Nations Office at Geneva and International Organizations in Switzerland, Rue de Richemond 25, 1202 Geneva, Tel: +41 22 959 89 00, Fax: +41 22 959 89 10, Email: mission.libye@bluewin.ch
• His Excellency Ambassador Mr. Elhouderi, The Embassy of the Socialist People's Libyan Arab Jamahiriya in Brussels , 28 av. Victoria, 1050 Brussels, Belgium, Tel: +32 2 649 37 37, Fax: +32 2 640 90 76, Email: Libyan bureau be@yahoo.com

Please also write to the Diplomatic Representatives of Libya in your country.

Geneva, 20 July 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.