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Libya: Investigation Needed Into
Prison Deaths
AMNESTY INTERNATIONAL
Public Statement
AI Index: MDE 19/006/2006 (Public)
News Service No: 260
6 October 2006
Libya:
Investigation needed into prison deaths
Amnesty International calls on the
Libyan authorities to ensure that a full, impartial and independent
investigation is conducted into allegations that security forces used
excessive force when dealing with disturbances in Abu Salim Prison in
Tripoli on 4 October 2006, reportedly leading to the death of at least one
prisoner and the injuring of at least nine others.
In a letter sent today to the
Libyan authorities, the organization expressed its serious concerns about
the incident and requested confirmation that an investigation has been
opened and clarification of its nature, scope and methods and who is
carrying it out.
According to Amnesty
International’s information, the incident occurred after some 190 prisoners
were brought back to Abu Salim Prison following a hearing at a court in
Tripoli. The court reportedly upheld the decision of the now abolished
People’s Court to convict them of charges related to membership of or links
with an unauthorized organization. The unauthorized organization in question
is believed to be the Libyan Islamic Fighting Group. The court confirmed the
previous sentences handed down by the People’s Court, imposing the death
penalty on some 20 defendants and long prison terms on the others.
On their return to prison, some of
the prisoners demanded to meet senior prison officials. An altercation then
ensued between prisoners and some of the prison guards. Some reports
indicate that, at this point, the prison administration called in security
forces from outside the prison to assist the guards in controlling the
situation.
It appears that the situation
became more serious and between 2pm and 3pm law-enforcement officials fired
tear-gas grenades and then live ammunition at some of the prisoners. Amnesty
International has not been able to ascertain whether the shots were fired by
prison guards or security forces who had been called into the prison or
both. One prisoner, Hafed Mansur Al-Zwai, allegedly received a bullet in the
head and died shortly afterwards. Another, Rida Al-Hariri, was reportedly
carried out of the prison in a critical condition after being shot and is
believed to have been taken to an intensive care unit in hospital. Eight
other prisoners – ‘Abd Al-Mun’em Ahmad ‘Abd Al-Rahman, Hafed Al-Amani,
Fadlallah Al-‘Arabi, Al-Sanussi Al-Bashari, Ayman Al-Busufi, Ashraf
Al-Fazzani, ‘Abd Al-Wahab Al-Katshi and Khaled Al-Mansuri – were injured and
taken to hospital for treatment. Most reportedly received bullet wounds to
the body and may still be in a serious condition.
Later the same day, a delegation
including senior security officials Abdullah Sanussi and Al-Mu’atassim
Al-Gaddafi reportedly visited Abu Salim Prison and, together with the
Director of Abu Salim Prison, ‘Abd Al-Hamid Al-Sayah, met a group infoposed
of several representatives of the prisoners. The official delegation
apparently expressed regret over the death and injuries which had occurred
and informed the prisoners that they would ensure certain measures were
taken in response to the events, such as a change of personnel within the
prison guards.
Amnesty International is not aware
of any official statement having been made on the incident, but Hamed Abu
Jubira, editor of Al-Zahf Al-Akhdar (The Green March), a newspaper run by
the Revolutionary infomittees Movement, gave an interview to Al-Jazeera
television station in the evening of 4 October 2006 in which he confirmed
that an altercation had occurred between some of the prisoners and guards at
Abu Salim Prison and that a infomittee of investigation into the incident had
been set up.
In its letter to the Libyan
authorities, Amnesty International sought assurances that any investigation
will be conducted in line with international human rights standards, such as
the UN Principles on the Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions. It also urged that a review
of the practices of law-enforcement officials inside prisons be carried out
without delay to ensure that instructions given to them are consistent with
international human rights standards, such as the UN Code of Conduct for Law
Enforcement Officials and the UN Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials, and that they are provided with
adequate training in this regard.
Background
The trial which concluded on 4
October 2006 was conducted at an ad hoc court in Tripoli. The court had been
ordered to retry the case of the some 190 prisoners by Libya’s Supreme
Court, which reviewed and overturned the original sentences following the
abolition of the People’s Court in January 2005. Many of the prisoners were
reportedly arrested in the second half of the 1990s, after which they were
reportedly held in prolonged ininfomunicado detention. Some allege that
statements they made during the investigation of their case were extracted
from them under torture or ill-treatment.
Abu Salim Prison is located in a
infopound of the Military Police in the area of Abu Salim, a suburb of
Tripoli. It has a unique status among Libyan prisons in that it is run by
the Internal Security Agency, rather than the General People’s infomittee for
Justice. Hundreds of political prisoners have been detained there in recent
years.
Abu Salim Prison was the scene of a
mass killing of detainees in June 1996, with estimated figures of those
killed ranging up to 1,200. The Libyan authorities initially denied that an
incident had taken place, but Libyan leader Colonel Mu’ammar Al-Gaddafi
acknowledged in April 2004 that killings had indeed occurred. The
authorities told Human Rights Watch delegates visiting Libya in May 2005
that an investigation had been opened into the events, but no details have
been made available regarding its timing, nature, scope or methods, or who
is carrying it out.
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