Libyan Arab Jamahiriya
22.02.02
Urgent Interventions
Libya: developments in the trial of five Bulgarian nurses and one doctor
Case LBY 280901.1
Follow-up of case LBY 280901
Death Penalty / Fair Trial
Geneva, February 22nd, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Libya.
New information
The International Secretariat of OMCT has been informed by the Bulgarian Helsinki Committee, of developments in the trial of five Bulgarian nurses and one doctor, one Palestinian and 9 Libyans, in Libya.
According to the information received, the trial has been postponed at least 14 times by the judge, reportedly upon requests from the defence. The persons in question, which include Bulgarian citizens Christiana Vulcheva, Nassya Nenova, Valenitina Siropulo, Valya Chervenyashka, Snejana Dimitrova and Dr. Zdavko Georgiev, were arrested on February 9th, 1999, and report having been tortured during their detention. They were arrested following an investigation into an HIV virus epidemic in the Al-Fateh Pediatric Hospital in Benghazi, in which 393 children were reportedly infected. The People’s Court in Tripoli, which deals with national security issues, announced at the latest hearing on Sunday February 17th, 2002, that it has dropped the charges of conspiracy to undermine the security of the state being held against the defendants, with the case now being sent back to the prosecutor’s office, and the trial set to be sent to a criminal court. This decision was taken because the People’s Court deemed that there was insufficient evidence showing that this was a case that threatened national security.
According to the information received, it is not yet known which court will take the case, when the trial will resume, or whether this will be held in Tripoli or in Benghazi, where the alleged events took place. Despite the charge of random killing with the aim of attacking the security of the State (Article 202 of the Libyan Criminal Code) having been dropped, the defendants still potentially face several charges, including intentional killing with a lethal substance (Article 371 of the Libyan Criminal Code) and causing an epidemic through spreading harmful microbes leading to the death of persons (Article 305 of the Libyan Criminal Code). If convicted, the defendants may face the death penalty. Other charges have been brought against the Bulgarians and Palestinian defendants for violating the norms relating to Islam. Charges of this type, levelled against the Bulgarian female nurses, include extramarital sexual activity and the production and possession of alcohol. The Palestinian defendant faces a charge of exchanging money through the black market. The Libyan nationals in the case have been charged with numerous counts of negligence in their capacity as health officials, as well as abuse of authority.
The defendants have now reportedly been transferred from the prison in which they were being detained to a private house, where they are still under guard, but are now allowed greater access to family visits and legal representation, which is a notable improvement. It is thought that they will remain in Libya for at least one more year while the trial is being held.
OMCT welcomes the fact that the persons in question have been moved to a private house, as the conditions of their detention will likely improve substantially, but fears that they may be sentenced to death as a result of the upcoming trial before the criminal court. Furthermore, OMCT is gravely concerned about the Libyan authorities’ use of arbitrary arrests, incommunicado detentions, torture and ill-treatment, as well as widespread violations of these persons’ procedural rights and right to a fair trial.
Brief reminder of the situation
According to the information received, on February 9th, 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. At least 23 of these children have reportedly died since then. All of the persons that were arrested were released the next day, notably, it is thought, due to the active reaction and operations of their embassy representatives, 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. Another Bulgarian national, Dr. Zdavko Georgiev, Christina Vulcheva’s husband, was arrested on February 9th, 1999, when he went to the police station where his wife was being detained, and has been detained and accused along with the other five persons, even though he did not work at the same hospital.
According to the information received, on February 7th, 2000 a Tripoli prosecutor signed a 1,600-page indictment against the six Bulgarians, nine Libyans and one Palestinian, charging them with undermining and attacking the security of the Libyan State by intentionally spreading the HIV virus through contaminated blood. Since their arrest on 9 February 1999 the accused have remained in custody. At first they were 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.
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. More information on the particular details of the torture to which the various defendants were subjected can be found in the previous appeal at:
http://www.omct.org/displaydocument.asp?DocType=Appeal&Index=1138&Language=EN
Under Libyan law, any of the suspects who confess will be sentenced to death. This is in violation of the rule of inadmissibility of statements extracted under torture. Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." Furthermore, other evidence presented by the prosecution was collected in illegal ways, for example during searches of the defendants’ houses while they were not present, and can therefore also not be considered during the trial.
Action requested:
Please write to the authorities in Libya urging them to:
1. order the persons in question’s immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
2. order a thorough and impartial investigation into the circumstances of these arrests and alleged ill-treatment and torture during the prisoners detention, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
3. 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
· Imbarak Abdalla El Shamek, Prime Minister, Secretary of the General People's Committee Tripoli, Great Socialist People's Libyan Arab Jamahiriya. Fax : + 218 21 54 60 017
· Mohammed Mohammed Belgassem al-Zuia, Minister of Justice and General Security, Office of the Minister of Justice and General Security, Tripoli, Great Socialist People's Libyan Arab Jamahiriya. Fax : + 218 21 444 16 74
· The General People's Congress (Human Rights section). Fax : + 218 21 361 39 07
Please also write to the Diplomatic Representatives of Libya in your country.
Geneva, February 22nd, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of case LBY 280901
Death Penalty / Fair Trial
Geneva, February 22nd, 2002
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Libya.
New information
The International Secretariat of OMCT has been informed by the Bulgarian Helsinki Committee, of developments in the trial of five Bulgarian nurses and one doctor, one Palestinian and 9 Libyans, in Libya.
According to the information received, the trial has been postponed at least 14 times by the judge, reportedly upon requests from the defence. The persons in question, which include Bulgarian citizens Christiana Vulcheva, Nassya Nenova, Valenitina Siropulo, Valya Chervenyashka, Snejana Dimitrova and Dr. Zdavko Georgiev, were arrested on February 9th, 1999, and report having been tortured during their detention. They were arrested following an investigation into an HIV virus epidemic in the Al-Fateh Pediatric Hospital in Benghazi, in which 393 children were reportedly infected. The People’s Court in Tripoli, which deals with national security issues, announced at the latest hearing on Sunday February 17th, 2002, that it has dropped the charges of conspiracy to undermine the security of the state being held against the defendants, with the case now being sent back to the prosecutor’s office, and the trial set to be sent to a criminal court. This decision was taken because the People’s Court deemed that there was insufficient evidence showing that this was a case that threatened national security.
According to the information received, it is not yet known which court will take the case, when the trial will resume, or whether this will be held in Tripoli or in Benghazi, where the alleged events took place. Despite the charge of random killing with the aim of attacking the security of the State (Article 202 of the Libyan Criminal Code) having been dropped, the defendants still potentially face several charges, including intentional killing with a lethal substance (Article 371 of the Libyan Criminal Code) and causing an epidemic through spreading harmful microbes leading to the death of persons (Article 305 of the Libyan Criminal Code). If convicted, the defendants may face the death penalty. Other charges have been brought against the Bulgarians and Palestinian defendants for violating the norms relating to Islam. Charges of this type, levelled against the Bulgarian female nurses, include extramarital sexual activity and the production and possession of alcohol. The Palestinian defendant faces a charge of exchanging money through the black market. The Libyan nationals in the case have been charged with numerous counts of negligence in their capacity as health officials, as well as abuse of authority.
The defendants have now reportedly been transferred from the prison in which they were being detained to a private house, where they are still under guard, but are now allowed greater access to family visits and legal representation, which is a notable improvement. It is thought that they will remain in Libya for at least one more year while the trial is being held.
OMCT welcomes the fact that the persons in question have been moved to a private house, as the conditions of their detention will likely improve substantially, but fears that they may be sentenced to death as a result of the upcoming trial before the criminal court. Furthermore, OMCT is gravely concerned about the Libyan authorities’ use of arbitrary arrests, incommunicado detentions, torture and ill-treatment, as well as widespread violations of these persons’ procedural rights and right to a fair trial.
Brief reminder of the situation
According to the information received, on February 9th, 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. At least 23 of these children have reportedly died since then. All of the persons that were arrested were released the next day, notably, it is thought, due to the active reaction and operations of their embassy representatives, 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. Another Bulgarian national, Dr. Zdavko Georgiev, Christina Vulcheva’s husband, was arrested on February 9th, 1999, when he went to the police station where his wife was being detained, and has been detained and accused along with the other five persons, even though he did not work at the same hospital.
According to the information received, on February 7th, 2000 a Tripoli prosecutor signed a 1,600-page indictment against the six Bulgarians, nine Libyans and one Palestinian, charging them with undermining and attacking the security of the Libyan State by intentionally spreading the HIV virus through contaminated blood. Since their arrest on 9 February 1999 the accused have remained in custody. At first they were 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.
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. More information on the particular details of the torture to which the various defendants were subjected can be found in the previous appeal at:
http://www.omct.org/displaydocument.asp?DocType=Appeal&Index=1138&Language=EN
Under Libyan law, any of the suspects who confess will be sentenced to death. This is in violation of the rule of inadmissibility of statements extracted under torture. Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." Furthermore, other evidence presented by the prosecution was collected in illegal ways, for example during searches of the defendants’ houses while they were not present, and can therefore also not be considered during the trial.
Action requested:
Please write to the authorities in Libya urging them to:
1. order the persons in question’s immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial, independent and competent tribunal and guarantee their procedural rights at all times;
2. order a thorough and impartial investigation into the circumstances of these arrests and alleged ill-treatment and torture during the prisoners detention, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
3. 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
· Imbarak Abdalla El Shamek, Prime Minister, Secretary of the General People's Committee Tripoli, Great Socialist People's Libyan Arab Jamahiriya. Fax : + 218 21 54 60 017
· Mohammed Mohammed Belgassem al-Zuia, Minister of Justice and General Security, Office of the Minister of Justice and General Security, Tripoli, Great Socialist People's Libyan Arab Jamahiriya. Fax : + 218 21 444 16 74
· The General People's Congress (Human Rights section). Fax : + 218 21 361 39 07
Please also write to the Diplomatic Representatives of Libya in your country.
Geneva, February 22nd, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.