Gentlemen of the Swedish Immigration Service,
The process of bringing Libyan refugees (political activists in Sweden, who are denied their asylum applications) to the Libyan Embassy in Sweden in order to take the necessary action to forcibly deported to them to Libya, is a very serious step and will lead inevitably to their inhumane and vile treatment. Their inevitable exposure to torture, which is a contrary to all international covenants related to human rights and the protection of asylum seekers. The Swedish Kingdom is a signatory to these conventions, and there is special mention in the text of Article VIII, Declaration on the Protection of All Persons from Enforced Disappearance, which states the following concerning the forced relocation or deportation denied those in the International Bill of Human Rights. The text of the International Covenant on Civil and Political Rights, issued the first of December 1966, in Part III Article 13 states the following: An alien lawfully in the territory of a State Party to the Covenant only in pursuance of a decision reached in accordance with the law. Unless compelling reasons of national security otherwise required to be submitted, the reasons against the refugee’s expulsion, and present their case to the competent authority or a person or persons especially designated by it, and the power of attorney or his representative before them.
Deportation prevented in the Convention on the Status of Refugees on the eighth and twentieth of July 1951; and in Chapter III of Article 33 No Contracting State shall expel or return a refugee in any way whatsoever to the frontiers of territories where his/her life or freedom would be threatened because of his/her race, religion, nationality, membership of a particular social group or political opinion.
Also provided are safeguards in the Convention against Torture and other cruel, inhuman or cruel, inhuman or degrading treatment on the tenth of December 1984, in the first part of Article 03, any state party shall not expel, return "or refouler" or extradite a person to another state where there are substantial grounds for believing that s/he would be in danger of being subjected to torture.
However, we can say the phenomenon occurred last year when migrant Libyan citizen, Adel Mohammed Ali, who was detained inside Sweden and turned over to Libyan intelligence after his forced deportation to Libya, is a new addition to human rights violations suffered by the Libyan citizens.
Libya is one of the countries that are still violating human rights on an ongoing basis. Libyan tribunals continue to apply all types of laws restricting freedoms, and deployment of political detainees, and state security court trials specialized in political orientation. The methods of this Tribunal are a great demonstration of the violation of human rights, civil and political rights.
Accordingly, we ask you to use caution and prudence when dealing with the Libyan authorities, especially with regards to the issues of Libyan asylum-seekers. The delivery of any opposition members, who have applied for asylum, to the Libyans could lead effectively to the process of forced disappearances. We ask you not violate the Universal Declaration to protect all citizens from Enforced Disappearance, and the principles of the Universal Declaration of Human Rights, because we know that this action would constitute a serious risk to the lives of Libyan refugees in Sweden.
Shaaban Mohamed Elgale
Hope for Human Rights
Kingdom of Sweden