 
عبرت منظمة العفو الدولية في
بيان لها امس الخميس 7 فبراير 2008 عن استمرار قلقها بخصوص حالة السجين
السياسي الليبي فتحي الجهمي المتدهورة. وفي اشارة الى بيان كانت مؤسسة
القذافي للتنمية قد اصدرته يوم الإربعاء 6 فبراير 2008 والذي قالت فيه بأن
فتحي الجهمي يتلقى العلاج, قالت المنظمة بأنها لازالت قلقة حول ما اذا كان
هذا العلاج كافيا ومناسبا. كما ان المنظمة عبرت عن قلقها حول ما اعلنته مؤسسة
القذافي في بيانها بأن الجهمي قد تم تشخيصه من قبل المحكمة على انه مريضا
عقليا. وقالت المنظمة بأن مؤسسة القذافي فشلت في شرح كيف وصلت المحكمة الى
هذا التشخيص وهل تمت الإستعانة بخبراء طبيين للوصول الى هذه النتيجة.
واشارت المنظمة الى الغموض
والتناقض بين تصريحات سابقة للسلطات الليبية حول حالة الجهمي النفسية, من
بينها تصريح التهامي خالد في مايو 2005 بأن الجهمي "متخلف عقليا", وبين
اخر تقرير منشور من قبل منظمة (أطباء من أجل حقوق الإنسان) و(الفيدرالية
الدولية لمنظمات الصحة) والتي اكدت وقتها بأن حالة الجهمي النفسية جيدة. كما
اشارت المنظمة الى ان اى تدهور في صحة الجهمي قد تكون نتيجة لظروف إعتقاله
ولكونه وضع في حبس انفرادي لفترة طويلة.
PUBLIC AI Index: MDE 19/002/2008
07 February 2008
Further Information on 28/08
(MDE 19/001/2008, 29 January 2008)
Health concern
LIBYA Fathi el-Jahmi (m), aged 66
Fathi el-Jahmi is receiving medical
treatment, according to a statement issued on 6 February 2008 by the Gaddafi
Development Foundation (GDF), an organization headed by Saif al-Islam
al-Gaddafi (son of Libyan leader Mu’ammar al-Gaddafi), but Amnesty
International remains concerned about whether the care is adequate to treat
his deteriorating state of health. Fathi el-Jahmi suffers from diabetes, high
blood pressure and coronary artery disease. Amnesty International is further
concerned by the GDF’s announcement that he has been declared “mentally
unstable”.
Refuting claims that Fathi el-Jahmi
was seriously ill and in need of urgent medical care, the statement from the
GDF says that “during the period of the trial proceedings against him, he
resided in a house and was provided with full medical care throughout this
period”. It went on to say that a court had determined that Fathi el-Jahmi was
“mentally unstable” and that, as a result, he was transferred to the Tripoli
Medical Centre, where he has remained since the verdict was issued. It claims
to be keeping Fathi el-Jahmi’s mental and medical condition under review and
confirms that one member of his family has recently been allowed to visit him
on several occasions. The statement however, does not specifiy what form of
treatment or what medication Fathi el-Jahmi is receiving.
The GDF has failed to explain how the
court determined that Fathi el-Jahmi was “mentally unstable” and whether
medical expertise had been used to reach this diagnosis. In this regard,
Amnesty International has two key concerns. The first is raised by the
apparently vague nature of the diagnosis and the fact that a previous claim by
the authorities that Fathi el-Jahmi was suffering from mental illness was
contradicted by independent medical experts. In May 2005 the head of Libya’s
Internal Security Agency Colonel Tohamy Khaled, told a delegation from Human
Rights Watch that Fathi el-Jahmi was “mentally deranged.” By contrast the last
publicly available report on Fathi el-Jahmi’s health, published the same month
by Physicians for Human Rights and the International Federation of Health and
Human Rights Organisations, noted that he remained “mentally strong and that
his will is unbroken”. The second concern is that any deterioration in Fathi
el-Jahmi’s mental, as well as physical, health may be due to the conditions in
which he has been held, particularly because he appears to have been detained
in solitary confinement for much of the period since his arrest on 26 March
2004.
The statement from the GDF is,
however, the first indication that Fathi el-Jahmi has been tried and
sentenced. The court at which, the trial was conducted and the charges on
which he was tried, found guilty and sentenced still remain unknown. The
statement also omits details of his detention and whether the “house” where he
was previously held was an Internal Security Agency facility. There is also
uncertainty regarding Fathi el-Jahmi's current legal status and whether he is
in custodial detention at the Tripoli Medical Centre.
Background Information
Amnesty International believes that Fathi el-Jahmi is a prisoner of
conscience, detained solely for the non-violent exercise of his right to
freedom of expression. The charges against him appear to relate to his contact
with US diplomats before his arrest and to his outspoken interviews in March
2004 with satellite news channels, including Dubai-based Al Arabiya and
US-based Al Hurra. His health is deteriorating, and without proper treatment
his life may be in grave danger.
Fathi el-Jahmi was previously
detained between 2002 and 2004 for peacefully expressing his political views.
For further details, see AI report Libya: Time to make human rights a reality
(AI Index: MDE 19/002/2004), April 2004.
REinfoMENDED ACTION:
Please send appeals to arrive as quickly as possible, in
Arabic, English or your own language:
- noting the statement by the Gaddafi Development Foundation that Fathi
el-Jahmi is receiving medical care, but urging the authorities to ensure that
it is adequate and delivered by professionals with the relevant expertise,
including by allowing an independent medical assessment of his condition;
- requesting clarification of the current legal status of Fathi el-Jahmi,
along with details of the trial and sentence against him;
- urging the authorities to ensure that any court decision issued against him
was made available to him, that he has been granted the right to appeal and
that he has access to a defence lawyer of his choosing;
- calling for Fathi el-Jahmi to be allowed regular visits by his family;
- reiterating that he appears to have been detained solely for acts which
involved the non-violent exercise of his right to freedom of expression, and
that he is therefore a prisoner of conscience who should be released
immediately and unconditionally.
APPEALS TO:
Head of State
Colonel Mu‘ammar al-Gaddafi
Office of the Leader of the Revolution, Tripoli, Great Socialist People’s
Libyan Arab Jamahiriya
Email: info@algathafi.org
Salutation: Your Excellency
Justice Minister
Mustafa Abdeljalil
Secretary of the General People’s infomittee for Justice,
Secretariat of the General People’s infomittee for Justice
Tripoli, Great Socialist People’s Libyan Arab Jamahiriya
Email: secretary@aladel.gov.ly
Fax: +218 21 4805427
Salutation: Your Excellency
COPIES TO:
The Gaddafi Development Foundation
Saif al-Islam al-Gaddafi
President, The Gaddafi Development Foundation
El Fatah Tower, 5th Floor B No. 57, PO Box 1101
Tripoli, Great Socialist People’s Libyan Arab Jamahiriya
Email: info@gaddaficharity.org
and to diplomatic representatives of
Libya accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY.
Check with the International Secretariat, or your section office, if sending
appeals after 20 March 2008.
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