AMNESTY INTERNATIONAL - PUBLIC STATEMENT
AI
Index: MDE 19/006/2008 (Public)
Date: 11 June 2008
Libya: Heavy Sentences against Prisoners of Conscience
 Amnesty
International condemns the heavy sentences handed down by a Libyan court
yesterday against Idriss Boufayed, Jamal el-Haji and 10 others and calls
for their immediate and unconditional release. The organization
considers them to be prisoners of conscience who have been sentenced
solely for the peaceful exercise of their rights to freedom of
expression and assembly, and in particular for organizing a
demonstration critical of the Libyan government. Idriss Boufayed, who
has been sentenced to 25 years imprisonment, is suffering from an
advanced state of lung cancer.
Amnesty International is also gravely concerned about the fate of
Abdelrahman al-Qateewy whose whereabouts remain unknown since he was
first arrested in connection with the same demonstration in February
2007, together with Jum’a Boufayed, the brother of Idriss Boufayed.
While the organization welcomes the release of Jum’a Boufayed on 27 May
2008 from Abu Selim Prison after his 15-month incommunicado detention,
it fears that Abdelrahman al-Qateewy has been subjected to enforced
disappearance and calls for his whereabouts to be immediately revealed.
In accordance with Libya’s obligations under international human rights
law, he should be released immediately or charged with a recognizably
criminal offence and promptly tired in fair proceedings.
Amnesty International is particularly concerned about the health of
Idriss Boufayed. On 6 April 2008 the Gaddafi International Charity and
Development Foundation published a statement saying that Idriss Boufayed
was receiving treatment at Sabrata hospital. On 28 May 2008, the Libyan
newspaper Al Watan reported that a medical committee established by the
Ministry of Justice had determined that Idriss Boufayed should be
released on medical grounds. Amnesty International calls for his
immediate and unconditional release and urges in particular, that he be
allowed to leave the country should he wish to seek medical treatment
abroad or to return to Switzerland where he was previously residing.
The
newly created State Security Court sentenced in unfair proceedings
Idriss Boufayed to 25 years imprisonment, Jamal el-Haji to 12 years,
while the brothers al-Mahdi Saleh Hmeed, Faraj Saleh Hmeed, Ali Saleh
Hmeed and al-Sadeq Saleh Hmeed were all sentenced to 15 years. Farid
Mohammed al-Zwai, Alaa al-Drissi, Ahmed Youssef al-Obaidi, Bashir Qasem
al-Hares and al-Sadiq Qeshoot were sentenced to six years each. They
were convicted of the charges of vaguely worded offences such as
"attempting to overthrow the political system," "spreading false rumours
about the Libyan regime" and "communicating with enemy powers." Amnesty
International believes these charges relate to the publication of a
statement on news websites calling for a peaceful demonstration to be
held on 17 February 2007 and a subsequent meeting with a US diplomat.
The charge of "possession of weapons and explosives with the intention
of carrying out subversive activities" was dropped. Adel Saleh Hmeed was
the only one acquitted of all the charges.
Background
The
rights to freedom of expression and assembly are continue to be severely
restricted in Libya. Idriss Boufayed, along with three other men, al-Mahdi
Saleh Hmeed, Ahmed Youssef al-Obaidi and Bashir Qasem al-Hares, had
published a communiqué on 23 January 2007 on news websites announcing
that they were planning a peaceful demonstration to take place in
Tripoli on 17 February 2007. The demonstration was to commemorate the
first anniversary of the killing of at least 12 people and the injuring
of scores more during a demonstration in Benghazi.
Trial
proceedings, which began on 24 June 2007, were transferred to the new
State Security Court after it was established in August 2007 to try
individuals accused of offences against state security and unauthorized
political activities. The first hearing before this court took place on
6 November 2007. The detainees did not have the right to counsel of
their own choosing, with the exception of Jamal el-Haji, who was able to
appoint a private lawyer, and furthermore, did not have access to the
appointed defence lawyers outside the court room. The UN Human Rights
Committee has expressed concerns about the State Security Court, saying
that the need for it and its mandate are unclear, and calling upon Libya
to ensure that all rights and guarantees under article 14 of the
International Covenant on Civil and Political Rights are respected.
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