On May 24, 2008 we sent a memorandum to:
1/ Director of Immigration, Swedish Kingdom;
P.O BOX 507
SE: 16929 SOLNA
2/ Head of Amnesty International Office Amsterdam;
PO Box 1968 - Amsterdam, 1000 BZ NETHERLANDS
3/ Special Rapporteur on Torture
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
To request immediate disclosure of the facts and circumstances as well as process of expulsion from the country of Sweden, of the late Mohamed Adel Abu Ali on May 5, 2008. Immediately after Mr. Abu Ali was handed over to the Libyan authorities, his whereabouts became unknown. Within two weeks, we received information that he had in fact died under torture.
Meanwhile, we have confirmed information that Swedish authorities had sent a fact-finding commission to Libya to determine the true cause of the death of Mr. Abu Ali. This commission was received by one of the so-called human rights committees in Libya and also met with a relevant security agency representative. The commission was informed, in effect, that Mr. Abu Ali committed suicide during his detention by one of the security apparatus in Tripoli. Therefore, the Swedish commission accepted the official version of the cause of death given by the Libyan authorities. Furthermore, they were convinced that there are human rights committees in Libya that protect and defend the freedoms of Libyan citizens. Consequently, the Swedish authorities believe that it is unnecessary to accept requests for asylum from Libyan nationals residing in Sweden who have escaped the oppression of the Libyan security forces. Which led to the decision of denying the asylum requests of many and the deportation of many more back to Libya.
We are requesting an immediate investigation into the “facts” provided by the Libyan Authorities which contradict the reality of the situation. The family of the late Mr. AbuAli did not receive Mr. AbuAli’s remains and were not able to determine the true cause of his death. Therefore, it has become necessary to exhume the body and perform a medical examination to discover the cause of the death and provide a detailed public report. In this regard, we call upon the above mentioned organizations to take the initiative to uphold international laws according to covenants and treaties pertaining to freedom and human rights. Furthermore, we request an independent forensic specialist to perform the medical examination of the remains of Mr. AbuAli. In addition, we request an independent delegation to monitor the exhumation of the body and the medical autopsy as well as prepare a report disclosing the validity of the information provided by the Libyan Authorities.
We also call upon the Libyan Ministry of Justice to contribute to the disclosure of the painful facts of this case and to ensure that true cause of death Mr. AbuAli is determined.
Please accept my sincere respect
Lawyer -Elsharaf Elghariany)
Secretary General of the Libyan union for Human Rights defenders