Libyan Arab Jamahiriya
02.10.02
Urgent Interventions

Libya: the arbitrary execution of Mr. Hussein Seif Salem Aljadik torture of his brother Abdelwahhab and Mr. Mohamed Massuad Izbeda

Case LBY 021002
Arbitrary and incommunicado detention / Torture / Death in detention / Arbitrary execution

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Libya.

Brief description of the situation

The International Secretariat of OMCT has received information from a reliable source concerning the arbitrary execution of Mr. Hussein Seif Salem Aljadik and torture of his brother, Mr. Abdelwahhab Sief Salem Aljadik and Mr. Mohamed Massuad Izbeda, the latter of whom died as a result in Libya.

According to the information received, Mr. Aljadik, who was born in 1977, was arrested in 1994, in the city of Beni-Ouleed during a peaceful demonstration against the deterioration of the city’s social services. He was detained from 1994 to September 2001 along with his father Mr. Seif Salem Aljadek and his uncle (a second uncle) Mr. Alsughayer Salem Aljadik. They were all released in September 2001. In January 1997, Major Khalil Salem Aljadik, (another of Mr. Hussein's uncles) was executed along with three other military officers and two civilians (Colonel Miftah Garrum, Colonel Mustafa Al-Kikli, Major Ramadhan Al-Ihury, Mr. Saad Izbeda and Mr. Alwafi Mbaya, the latter of whom was executed in June 1999) for alleged conspiracy against the Government (the Misrata conspiracy, Oct. 1993). They were all from the same town of Beni-Ouleed and belonged to the same tribe. There are strong reasons to believe the decision to execute Mr. Aljadik is a part of a collective punishment process against the Aljadik family and the city of Beni-Ouleed.

According to the information received, on September 1st 2002, the Libyan Government released 62 prisoners of opinion and conscience. The list did not include Mr. Abdallah Mohamed Massaud Izbeda, from Beni-Ouleed, who has been in prison since the day of his arrest in 1994. On September 5th, 2002, his father, Mr. Mohamed Massaud Izbeda, went to the headquarters (almathaba) of the Revolutionary Committee of Beni-Ouleed to find out why his son, Abdallah, had not been released. He was reportedly kept at the headquarters and verbally assaulted and physically tortured by members of the "revolutionary committee" who did not appreciate his inquiry into the political prisoners, as they are considered by the regime as "enemies of the people." Mr. Mohamed was reportedly released from the almathaba later that afternoon, and went home where he died during the night, probably as a direct consequence of torture.

According to the information received, on September 6th, his family held his funeral in the municipal cemetery of the town of Beni-Ouleed. On September 7th, members of the Revolutionary Committee went to the family of the late Mr. Mohamed with the request to remove his corpse from the cemetery and to "throw it outside the administrative borders of Beni-Ouleed." As the family refused to remove the corpse, they were threatened by the members of the Revolutionary Committee, who said that they would remove his body by their own means and "throw it in the sea". As the members of the Revolutionary Committee approached the cemetery, purportedly to carry out this threat, they clashed with protesters, four of whom were arrested and taken to the "mathaba" (prison). They were: Mr. Hussein Seif Salem Aljadik, his brother Mr. Abdelwahhab Seif Salem Aljadik, Dr. Belgasim Mohamed Massaud Izbeida and his brother Mr. Rajab Mohamed Massaud Izbeida (both of whom are sons of the deceased).

According to the information received, on September 13th, 2002, the Aljadik family was informed that Mr. Hussein had died (in prison) and that their second son Mr. Abdelwahhab had been released. Later the same day Mr. Abdelwahhab went back home in a special car as he was severely injured, including broken or unusable legs and arms. According to the report, Mr. Abdelwahhab cannot sit, eats with difficulties and is unable to use the bathroom without assistance. As a result of the torture to which he was reportedly subjected, it is feared that he too may die unless he is given emergency medical treatment. It is also thought that his brother died as a result of being subjected to torture while in detention. Meanwhile, Mr. Rajab Mohamed Massaud is still in prison and nothing is known about his condition, and the whereabouts of his brother Dr. Belgasim Mohamed Massaud Izbeida remain unknown.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Dr. Belgasim and Mr. Rajab, given that they run a severe risk of being subjected to torture and potentially arbitrary execution, and that of Mr. Abdelwahhab, given his critical health condition. Furthermore, OMCT vigorously condemns the deaths of Mr Mohamed and Mr. Hussein, which reportedly resulted from the use of torture upon them. More generally, OMCT is gravely concerned about the apparent worsening of the human rights situation in Libya, characterised by the afore-mentioned events, and calls upon the authorities to immediately take all necessary actions to prevent further deaths in detention through the use of torture or extrajudicial and arbitrary executions, notably given fears that following the alleged order given by President Mu’ammar al-Kaddafi on August 31st, 2002, for the remaining prisoners of opinion and conscience in Libya to be dealt with “in the same way the US is dealing with the prisoners of Guantanamo”, there may be more cases torture and arbitrary executions.

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 Dr. Belgasim, Mr. Rajab and Mr. Abdelwahhab;
ii. immediately locate the whereabouts of Dr. Belgasim;
iii. 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;
iv. intervene with the appropriate authorities in order to secure that the adequate medical assistance is provided as a matter of urgency to Dr. Belgasim, Mr. Rajab and Mr. Abdelwahhab;
v. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
vi. guarantee adequate reparation to all injured people and the families of the deceased;
vii. put an immediate end to the persecution and harassment of the above-mentioned persons;
viii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Adresses

Note : if you are having difficulties getting through to the Libyan authorities, please send your letters to the Libyan Ambassador to the UN in Geneva, Switzerland (see below):

· Colonel Mu’ammar al-Kaddafi, Guide de la Revolution, Par l’intermediaire du Service du Protocol du Leader, Fax : +218 21 360 84 14 / 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 Ali Almisrati, 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
· Ambassador Mrs. Najat Al-Hajjaji, Ambassador of Libya to the UN Offices in Geneva, Route de Lausanne 319, 1293 Bellevue, Geneva, Switzerland, Fax: + 41 22 9598910, e-mail: mission.libya@ties.itu.int

Please also write to the embassies of Libya in your respective country.

Geneva, October 2, 2002

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