REQUEST FOR PROVISIONAL MEASURES UNDER RULE 98 OF THE RULES OF PROCEDURE OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
In my capacity as Chairperson of the African Commission on Human and Peoples' Rights (the African Commission), I wish to bring to Your Excellency's kind attention, a Complaint that has been brought in terms of Article 55 of the African Charter on Human and Peoples' Rights (the African Charter) against the Republic of Libya. The Complaint has been lodged by Mishana Hosseinioun, on behalf of Mr. Saif AI-Islam Gaddafi.
The Complaint has been seized by the African Commission and registered as Communication 411/12- Mr. Saif Al-Islam Gaddafi (represented by Mishana Hosseinioun) v Libya.
The Complainant alleges that serious human rights violations are being perpetrated by the Republic of Libya against Mr. Saif Al-Islam Gaddafi. She submits that on 19 November 2011, the National Transitional Council (NTC) arrested and detained Mr. Saif Al-Islam Gaddafi, and after over four months, he remains in detention.
The Complainant alleges that throughout this period, Mr. Saif Al-Islam Gaddafi has been detained in isolation, deprived from contacting his family or friends, denied access to any lawyer, has not been charged by the NTC with any offence, nor brought before any court
The Complainant further alleges that Mr. Sail Al-Islam Gaddafi is believed to be detained in Zintan, although the address of the detention facility is not known, and he faces an imminent trial carrying the threat of the death penalty.
Your Excellency, the Complainant has requested the African Commission to invoke' Rule 98 of its Rules of procedure, and issue Provisional Measures against these alleged violations of human rights, to avoid irreparable harm to Mr. Saif Al-Islam Gaddafi's personal integrity and health.
In that regard, and without drawing any conclusions from these allegations, the African Commission respectfully request Your Excellency to intervene in the matter and carry out the following Provisional Measures:
- Ensure that Mr. Sail Al-Islam Gaddafi has access to his lawyers;
- Can receive visits from his family members and friends;
- Disclose the location of his detention; and
- Guarantee the integrity of his person and his right to be tried within a reasonable time by an impartial court or tribunal as per Articles 4 and 7 respectively of the African Charter.
I would like to indicate that the grant of Provisional Measures does not in any way affect the final position of the African Commission on the Communication.
Let me also inform Your Excellency that as part of my responsibility, I am required to report to each Ordinary Session of the African Commission on the actions that I have taken in my capacity as the Chairperson and as a Member of the African Commission. in that regard, the contents of this letter as well as any response received from Your Excellency will be included in my report to the 51st Ordinary Session of the African Commission to be held from 18 April to 2 May 2012 in Banjul, The Gambia.
Please accept, Your Excellency, the assurances of my highest consideration.
Honourable Commissioner Catherine Dupe Atoki
Chairperson of the African Commission on Human and peoples' Rights
cc: Ministry of Foreign Affairs of the Republic of Libya
cc: Ministry of Justice of the Republic of Libya