Libyan Arab Jamahiriya
17.10.01
Urgent Interventions
Libya: further developments in the trial of 152 prisoners of conscience
Case LBY 130601.2
Follow-up of Case LBY 130601
Fair trial / Independence of the Judiciary
Geneva, Octobre 17, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Libya.
New information
The International Secretariat of OMCT has been informed by a reliable source of further developments in the trial of 152 prisoners of conscience in Libya.
According to the information received, the verdict concerning the trial of the prisoners of conscience, whose confirmed number is 152 and not 98 as previously reported, is now expected to be announced on December 23rd 2001. The detainees have being imprisoned for three years awaiting this decision. Over the last four months, there have been several hearings planned at the People’s Court in Tripoli (on June 17th, July 1st, September 23rd and October 9th), but they have all been postponed or adjourned after only having lasted a few minutes. All of these sessions were closed to the public.
According to the information received, the detainees are accused of being members of a political group called the "Brotherhood Movement", also known as the "Libyan Islamic Group". Their request to choose their own lawyers was refused by the court, which instead provided them with inexperienced lawyers that were appointed by the Judge. The lawyers reportedly only graduated recently and therefore lack the experience to lead the defence for such a large and critical trial – the defendants potentially face the death penalty if found guilty under the tajreem al-hizbiyyah (Incrimination of Party Activism) law, or law 71 of 1972(2), under which political activists can be tried by the authorities for opposition to the principles of the September 1st 1969 revolution, leading to possible sentencing for treason, which is punishable by death. Only ten lawyers will be in charge of the defence of the 152 accused, and have only had very limited time with their clients. Furthermore, it is thought that these lawyers have ties with the government, which further casts doubts on their ability to defend their clients effectively, and, more generally, for this trial to deliver a verdict that can be considered as being fair.
As far as the detainees’ conditions of detention are concerned, they have reportedly improved: the prisoners are allowed to spend more time in an open area and the conditions in the prison’s facilities are thought to have improved. However, the detainees have only had access to their families at the court for a short period of time following the hearings.
The International Secretariat of the OMCT is gravely concerned about the violations of the 152 detainees’ proceedural rights during their lengthy trial, notably the fact that they have not been provided with lawyers capable of ensuring their defence in an effective way. OMCT fears that the trial is being conducted in an unfair way, and fears that the detainees will be sentenced to death as a result of this. Furthermore, OMCT is gravely concerned about the consecutive postponement of hearings, which has made the trial last over three years in length, during which time the detainees have been held in poor conditions, and have been detained incommunicado for certain periods, which gives rise to fears that they may have been subjected to ill-treatment.
Brief reminder of the situation
According to the information received, a group of around 152 prisoners of conscience are being tried before the people’s court, having been arbitrarily arrested en masse in Libya’s main cities during June 1998, ostensibly on the grounds of political opposition and, more specifically, for supporting or showing sympathy for the underground Islamic movement, the Libyan Islamic Group. This movement is not known to have used or advocated violence. The detainees include university lecturers, engineers, medical doctors, university students and businessmen.
Action requested :
Please write to the authorities in Libya urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the 152 political prisoners;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. 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 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 embassies of Libya in your respective country.
Geneva, Octobre 17, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case LBY 130601
Fair trial / Independence of the Judiciary
Geneva, Octobre 17, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Libya.
New information
The International Secretariat of OMCT has been informed by a reliable source of further developments in the trial of 152 prisoners of conscience in Libya.
According to the information received, the verdict concerning the trial of the prisoners of conscience, whose confirmed number is 152 and not 98 as previously reported, is now expected to be announced on December 23rd 2001. The detainees have being imprisoned for three years awaiting this decision. Over the last four months, there have been several hearings planned at the People’s Court in Tripoli (on June 17th, July 1st, September 23rd and October 9th), but they have all been postponed or adjourned after only having lasted a few minutes. All of these sessions were closed to the public.
According to the information received, the detainees are accused of being members of a political group called the "Brotherhood Movement", also known as the "Libyan Islamic Group". Their request to choose their own lawyers was refused by the court, which instead provided them with inexperienced lawyers that were appointed by the Judge. The lawyers reportedly only graduated recently and therefore lack the experience to lead the defence for such a large and critical trial – the defendants potentially face the death penalty if found guilty under the tajreem al-hizbiyyah (Incrimination of Party Activism) law, or law 71 of 1972(2), under which political activists can be tried by the authorities for opposition to the principles of the September 1st 1969 revolution, leading to possible sentencing for treason, which is punishable by death. Only ten lawyers will be in charge of the defence of the 152 accused, and have only had very limited time with their clients. Furthermore, it is thought that these lawyers have ties with the government, which further casts doubts on their ability to defend their clients effectively, and, more generally, for this trial to deliver a verdict that can be considered as being fair.
As far as the detainees’ conditions of detention are concerned, they have reportedly improved: the prisoners are allowed to spend more time in an open area and the conditions in the prison’s facilities are thought to have improved. However, the detainees have only had access to their families at the court for a short period of time following the hearings.
The International Secretariat of the OMCT is gravely concerned about the violations of the 152 detainees’ proceedural rights during their lengthy trial, notably the fact that they have not been provided with lawyers capable of ensuring their defence in an effective way. OMCT fears that the trial is being conducted in an unfair way, and fears that the detainees will be sentenced to death as a result of this. Furthermore, OMCT is gravely concerned about the consecutive postponement of hearings, which has made the trial last over three years in length, during which time the detainees have been held in poor conditions, and have been detained incommunicado for certain periods, which gives rise to fears that they may have been subjected to ill-treatment.
Brief reminder of the situation
According to the information received, a group of around 152 prisoners of conscience are being tried before the people’s court, having been arbitrarily arrested en masse in Libya’s main cities during June 1998, ostensibly on the grounds of political opposition and, more specifically, for supporting or showing sympathy for the underground Islamic movement, the Libyan Islamic Group. This movement is not known to have used or advocated violence. The detainees include university lecturers, engineers, medical doctors, university students and businessmen.
Action requested :
Please write to the authorities in Libya urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the 152 political prisoners;
ii. order their immediate release in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. 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 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 embassies of Libya in your respective country.
Geneva, Octobre 17, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.