2003 Report by the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, Theo van Boven


Libyan Arab Jamahiriya

818. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information according to which Libya had begun to apply the penalty of amputation, which, although provided for in domestic legislation, namely in Law N 148 of 1972 (on the ft), had not until now been implemented in practice.

819. Ali Mansour Mhemmed Al-Guinaidy was reportedly sentenced on 13 October 2001 to the amputation of his right arm by the Criminal Court of Misurata. The amputation was reportedly carried out on 23 June 2002 at Misurata's central hospital, in the presence of the Libyan National Television, which was said to have filmed the whole procedure.

820. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1998 regarding which no reply had been received.

Urgent appeals

821. On 4 October 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Mohamed Massaud Izbeda, Hussein Seif Salem Aljadik, Abdelwahhab Seif Salem Aljadik, Abdallah Mohamed Massaud Izbeda, Belgasim Mohamed Massaud Izbeda and Rajab Mohamed Massaud Izbeda. On 1st September 2002, 62 prisoners allegedly detained on political grounds had been released. On 5 September 2002, Mohamed Massaud Izbeda whose son, Abdallah Mohamed Massaud Izbeda, had not been released, reportedly went to the headquarters (almathaba) of the Revolutionary Committee of Beni-Ouleed to find out about his whereabouts. He was reportedly kept at the headquarters where he was allegedly physically assaulted by members of the "revolutionary committee". It is reported that he was released from the almathaba later that afternoon, and went home where he died during the night, allegedly as a result of the treatment he had been subjected to. On 7 September, members of the Revolutionary Committee reportedly went to his family with the request to remove his corpse from the cemetery. This was said to have led to clashes with protesters, four of whom were arrested, namely Hussein Seif Salem Aljadik, his brother Abdelwahhab Seif Salem Aljadik, Belgasim Mohamed Massaud Izbeida and his brother Rajab Mohamed Massaud Izbeida, and taken to the "mathaba" (prison). On 13 September, it was reported that Hussein Seif Salem Aljadik had died in prison, allegedly as a result of the treatment he had been subjected to while in detention. His brother Abdelwahhab, who was reportedly released the same day, was severely injured. He is said to have broken legs and arms. As to Rajab Mohamed Massaud and Belgasim Mohamed Massaud Izbeida, they were said to remain in prison and their whereabouts were unknown.

Observations

822. The Special Rapporteur notes with concern that no response has been provided to cases brought to the attention of the Government since 1998.

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Liberia Madagascar

small logo   This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.