Written by Alrassed Alliby Editor 2
23 Apr 2013 5:12 pm
Libya should ensure the process of Litigation for the Libyans who it received
Humane treatment and communication with lawyers and fair trials guarantees axial
March 30, 2013
Should not return any person facing trial unless the government proves that it would not be subjected to abuse or deprived of a fair trial.
Nadim Houry, Deputy Executive Director of the Middle East and North Africa
(Beirut) , Human Rights Watch said today on the Ibiaon included Hsolatnin of the two Libyans linked by the government of Muammar Gaddafi links previous who Tzlmthma from Egypt on March 26 / March 2013 , they received humane treatment and their rights in full due process. And on Libya to grant humanitarian organizations and human rights organizations have access to them to monitor the conditions of detention and the respect of their fundamental rights, including detainees to communicate with lawyers and presented to a judge promptly.
He said Human Rights Watch that on Egypt and other countries that requested the extradition of persons to Libya not to arrest the suspects and hand them over only if Libya guarantees provided credible report that they put an end to the risk of torture and ill - treatment while in detention . Before sending any detainee to Libya, there is a need to make sure that the Egyptian authorities and other authorities that the fundamental rights of the person concerned will not be violated , arbitrary detention or trial unfair , for example.
Said Nadim Houry, Deputy Executive Director of the Middle East and North Africa director at Human Rights Watch : "The accounting officials under Gaddafi's former for their crimes last important step on the road to the Libyans to justice. However, given the current rate of abuse of detainees in Libya , should not return any person facing trial unless the government proves that it would not be subjected to abuse or deprived of a fair trial . "
On Libya to provide credible assurances stating the protection of the rights of detainees , including the provision of urgent judicial review of detainees and promptly informed of any criminal charges against them. She told Human Rights Watch that he should anyone intends to hand him over to get a chance to advance to challenge the decision of the delivery if the fear of torture or cruel , inhuman or degrading treatment or persecution based on his identity or beliefs , or other violations of human rights upon his return.
Egyptian authorities have arrested three people wanted by Libya on March 19 / March they Ahmad Gadaffi blood, Ali Maria, and Mohamed Ibrahim Mansour . Egypt handed Ali Maria , Gaddafi's ambassador to Egypt , Mohammed Ibrahim Mansour , a businessman who works in the private sector and the brother of former government spokesman Moussa Ibrahim Mansour , to Libya on March 26 / March . The media reported that the two Libyan expected to be faced trial on charges of financial corruption .
The howitzer Blood , one of the Gaddafi family and was to play a pivotal role in Libya's relations with Egypt , he is waiting for delivery to Libya in Tora prison in Cairo . There is no official information on the status of the transfer to Libya , as his lawyer appealed the decision of the planned delivery claiming the enjoyment of Egyptian nationality , although the Office of International Cooperation of the Egyptian Attorney General's Office challenged the validity of this claim.
Maria 's family told Human Rights Watch that between 10 to 15 members of the Egyptian security forces , some in uniform and some in civilian clothes , awakened family members in about the second morning of March 19 / March in their home . Was arrested by the security men on Maria and took him with his cell phone and his passport to an unknown location . Law enforcement officers refused to show permission to arrest or to identify themselves to the family, although the family saw police cars parked outside the house , as its members said .
Maria 's family said they could not , neither they nor his lawyer, to visit him during his detention in Egypt , but the Egyptian authorities did not inform them of his extradition in advance. Family members aware of the delivery order from the television channel is a channel of the capital , on the night of the incident . The family has not been any contact with Maria in Libya, but they said they intend to apply to the Office of the Attorney General Libyan request to visit him.
Many fled from the Libyans who were working with the previous government formally or informally, fled Libya in mid-2011 after the fall of Gaddafi , and most of them turned to Egypt and Tunisia. According Tqrierlsahifah " New York Times " , the new Libyan government to the Egyptians in 2012 a list of 40 people wanted . Libya has also made recently to Egypt , another list of the names of 88 is required. According to the news report itself, Libya was preparing to deposit $ 2 billion in the Central Bank of Egypt , raising fears of a deal for the exchange of goods between the two countries , required to hand over dozens of Gaddafi loyalists who have found refuge in Egypt .
The report in the newspaper " IGBT Independent " Libyan more support to Egypt in the form of a million barrels of crude oil waiting for refining in Egypt.
In June 24, 2012 , Tunisia has handed over former Libyan Prime Minister Baghdadi al-Mahmoudi , back to Libya . Mahmoudi had fled from Libya in September / September 2011 and was arrested by the Tunisian authorities in the same month. And Human Rights visited the prison in Tripoli in July 2012 , where exposure to the alleged ill-treatment by the Tunisian authorities. Mahmoudi is facing trial on charges including financial corruption and ordering the work of mass rape during the conflict of 2011 .
In September / September 2012 Mauritania has handed over Abdullah Senussi , former intelligence chief in Gaddafi era , to Libya. The International Criminal Court ( ICC ) in turn ask Senussi for crimes against humanity. As a French court sentenced Senussi in absentia to life imprisonment in France for his alleged involvement in the bombing of a French airliner in 1989 over Niger , killing 170 people. Did not begin after Sanusi trial in Libya for his alleged role in the conflict, 2011 and other crimes.
Previously told Human Rights Watch published a report on the challenges facing the Libyan judicial system , including ill-treatment during detention and denial of contact with lawyers and the absence of judicial review . She told Human Rights Watch that Libya should provide to local human rights organizations and international position to monitor the conditions of detention have access to of been handed over and other detainees.
Government recognizes the detention of about 8 thousand people throughout Libya, is that about 5600 all of these are located in facilities subject as far as the control of the government or the army , the rest are being held illegally at various militias without access to lawyers , some of them in secret prisons. Still any form of judicial review of detention seems to be limited and sporadic. Under international law , the detention of a person without judicial review is urgent , such as arbitrary detention automatically.
Deaths still occur during detention , especially in facilities run by armed militias and various committees of the Supreme Government security under the Ministry of Interior nominally . The exact number of deaths is unknown.
The Libyan authorities to ensure the transfer of all detainees to facilities subject to government control and display detainees before a judge or judicial body urgently to decide on the legality of their detention and order their immediate release if you do not detain legal justification . She told Human Rights Watch that he should not be charged only to those available evidence of their involvement in serious crimes.
States of the International Covenant on Civil and Political Rights , which was ratified by Libya in 1970, that every person facing criminal charges right " to be informed promptly and in detail in a language he understands, of the nature of the charge against him and causes ." The present Covenant is necessary for Libya to ensure that any detainee brought promptly before a judge or equivalent . The right of all detainees to judicial review without delay is right can not be derogated from , it is an absolute right , in the sense that it applies at all times , including emergencies.
She told Human Rights Watch that international law prohibits the extradition of any person or transmitted in any other way to a country where they are exposed to the risk of torture. Impose Article 3 of the 1984 Convention against Torture and other cruel , inhuman or degrading treatment, imposes an obligation not to return any person to a place which is exposed to the risk of torture . Tunisia has ratified the Convention against Torture in 1988, and ratified by Egypt in 1986 and Libya in 1989.
Houry said : " It is understood that wish to Libya in the prosecution of persons who have committed serious crimes. But should not the rest of the countries to cooperate and send to people unless proven Libya that it would respect the law and treat detainees humanely and give them their rights