London, 19 Oct. (AKI) -
Human rights groups say British ministers are "dangerously
misguided" if they expect Libya to respect a 'no torture, no death
penalty' deal signed on Tuesday, which will allow terror suspects
to be deported back to the north African country. Despite the
newly signed agreement, the British Foreign Office's website
continued to highlight concerns over the Libyan government's human
rights record, mentioning in particular the "restrictions on
political prisoners, arbitrary detention and conditions in Libyan
prisons," the London-based Guardian newspaper reports.
The memorandum of understanding between the two countries allows
Britain to deport people to Libya if the Libyan government gives
diplomatic assurances that they will not be subjected to torture.
Unlike a similar deal signed with Jordan in August, it also
explicitly states that the death penalty will not be used on
deportees, but a monitoring body to assure that Libya keeps its
assurances has yet to be set up.
The New York-based Human Rights Watch (HRW) organisation says that
in the case of past assurances given by Egypt, Syria and other
countries with a record of torturing detainees, such promises
actually do nothing to reduce the risk of people being tortured in
custody.
"Britain can't hide behind the fig leaf of Libyan diplomatic
promises," said Sarah Leah Whitson, HRW's Middle East and North
Africa director. "Deporting suspects to Libya would put them at
serious risk of torture."
It is thought that five Libyans arrested two weeks ago in Britain
and classed as "threats to national security" could be the first
people to be deported under the deal. However, lawyers for the
five men say they will fight their deportation as all of them are
opponents of Libyan leader Colonel Ghaddafi's regime. They were
reportedly involved in the Libyan Islamic Fighting Group, an armed
opposition group which claimed responsibility for an unsuccessful
attempt to kill Libya's leader, Muammer Gadaffi in 1996.
Both Libya and Britain are parties to the Convention against
Torture and Cruel, Inhuman or Degrading Treatment or Punishment,
which prohibits torture and the transfer, return or expulsion of
persons to countries where there are substantial grounds for
believing they would be in danger of being tortured.
Human Rights Watch says it has heard testimonies from people in
Libya who were beaten, hung from walls and given electric shocks.
Torture is practiced in secret, those who carry it out are
generally very good at avoiding detection, and neither a receiving
or sending country has any incentive to expose such abuse, says
HRW, as this would involve admitting that they have both violated
their obligations.
"Britain's policy of shipping unwelinfoe foreigners to countries
that practice torture is illegal and immoral, regardless of
unenforceable promises that deportees will not be tortured," said
Whitson.
Human rights groups also point out that the Britain-Libya deal
does not mention how individuals will be protected from cruel or
degrading treatment after they have been tried.
Their protests follow a warning by the UN's special rapporteur on
torture, Manfred Nowak, in which he expressed alarm about
Britain's plans to rely on such assurances from countries with
poor records on torture. The new policy "reflects a tendency in
Europe to circumvent the international obligation not to deport
anybody if there is a serious risk that he or she might be
subjected to torture," Nowak said.
Britain has been trying to strike a similar deal with Algeria, but
with little success. Most of the terror suspects facing
deportation in Britain are from Algeria, the Guardian says.