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Amnesty International

Thursday, 11 November, 2004



Fathi al-Jahmi

Further Information on UA 266/04 (MDE 19/015/2004, 17 September 2004)
and follow-up (MDE 19/017/2004, 6 October 2004) –
Incommunicado detention / Health concern

PUBLIC: AI Index: MDE 19/019/2004
10 November 2004

Further Information on UA 266/04 (MDE 19/015/2004, 17 September 2004)
and follow-up (MDE 19/017/2004, 6 October 2004) –
Incommunicado detention / Health concern

LIBYA:    Fathi al-Jahmi (m), aged 63

Released:
Fawzia 'Abdullah Gogha (f), wife of Fathi al-Jahmi
Muhammad Fathi al-Jahmi (m), their son, aged 27

Fawzia ‘Abdullah Gogha, the wife of Fathi al-Jahmi, was released from detention on 4 November. However, Fathi al-Jahmi remains in detention at an undisclosed location. It is feared that he is being held in solitary confinement by the Internal Security. Reports indicate that his health may be further deteriorating, at least partly as a result of continuing to be denied adequate medical treatment.

Fathi al-Jahmi, his wife and his eldest son were reportedly taken from their home in Tripoli by the Libyan authorities on 26 March, two weeks after he had been released from prison as a prisoner of conscience. His son was released in September (see previous update).

During his detention, Fathi al-Jahmi has been denied all contact with the outside world. Detainees held in incommunicado detention are at greater risk of torture or ill-treatment due to a lack of safeguards.

Unconfirmed reports now indicate that Fathi al-Jahmi has been charged on at least one count, namely defaming the Leader of the Revolution. This is thought to relate to his repeated calls for reform within Libya, such as those he made in March 2004 in media interviews, including to the US-based Arabic channel al-Hurrah and to the Dubai-based Arabic channel al-’Arabiya.

His trial has reportedly opened before the People’s Court, whose proceedings routinely fall short of international standards for fair trial. It is feared that hearings so far have been held in closed session and that Fathi al-Jahmi has not been allowed to choose his lawyer.

Fathi al-Jahmi was adopted by Amnesty International as a prisoner of conscience while detained between October 2002 and March 2004. Reports indicate that Fathi al-Jahmi is once again being tried for the non-violent expression of his opinions. If this is confirmed, Amnesty International would again consider him a prisoner of conscience.

RECOMMENDED ACTION:
Please send appeals to arrive as quickly as possible, in Arabic, English or your own language:
- expressing concern for the deteriorating health of Fathi al-Jahmi and calling for him to have full access to adequate medical treatment;
- urging the authorities to publicly declare the exact whereabouts of Fathi al-Jahmi;
- asking for assurances that Fathi al-Jahmi will receive a fair trial, including being given access to legal counsel of his choice, and that all hearings, including the pronouncement of the verdict, are held in public;
- calling on the authorities to repeal all laws which criminalize activities which merely amount to the peaceful exercise of the rights to freedom of expression and association;
- calling for the abolition of the People’s Court;
- asking the authorities to make sure that the draft Penal Code, currently under review, is amended to ensure that the provisions relating to the rights to freedom of expression and association conform with Libya’s obligations under the International Covenant on Civil and Political Rights.

APPEALS TO:

His Excellency Mu’ammar al-Gaddafi
Leader of the Revolution
Office of the Leader of the Revolution
Tripoli
Great Socialist People’s Libyan Arab Jamahiriya
Telex: 70 0901 20162 ALKHASU LY
Salutation: Your Excellency

His Excellency Nasser al-Mabruk
Secretary of the General People’s Committee for Public Security
Secretariat of the General People’s Committee for Public Security
Tripoli
Great Socialist People’s Libyan Arab Jamahiriya
Salutation: Your Excellency

His Excellency Ali Omar Abu Bakr
Secretary of the General People’s Committee for Justice
Secretariat of the General People’s Committee for Justice
Tripoli
Great Socialist People’s Libyan Arab Jamahiriya
Salutation: Your Excellency

COPIES TO:

His Excellency Muhammad al-Misrati
Public Prosecutor
Office of the Public Prosecutor
Tripoli
Great Socialist People’s Libyan Arab Jamahiriya
Salutation: Your Excellency

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 22 December 2004.


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