Libyan detainee
URGENT APPEAL from the wife of a Libyan man threatened with deportation
CAUTION; PLEASE NOTE THAT SIAC HAS PLACED A CONTEMPT OF COURT ORDER ON MEDIA REPORTING OF THIS CASE. FOR FURTHER INFORMATION PLEASE SEE THE SIAC DATABASE, ENTRY FOR `DD’ ON http://www.hmcourts-service.gov.uk/legalprof/judgments/siac/siac.htm
6th October 2006
This is an urgent appeal to all national and international human rights organizations to intervene with the British authorities in order to honour their commitment to all the international conventions and agreements to which they are signatories. This is required so as to guarantee that my husband does not get extradited and handed over to the Libyan authorities, as he is likely to be subjected to the death sentence and/or tortured because of his political activities against the Qaddafi regime.
It is a well known fact that the Qaddafi regime has been trying hard in conjunction with the British Government to facilitate the extradition of members of the Libyan opposition who have already been granted political asylum and indefinite leave to remain in the UK. This has been achieved through a [so-called] "Memorandum of Understanding" which is not even worth the paper on which it was written and has no international validity whatsoever, as it is neither binding nor does it provide any guarantee that extradited persons are not subjected to torture, banishment or even the death sentence. This is so because the Libyan regime has never respected any of the international conventions and agreements on human rights and freedom of expression to which it has been signatory for decades.
My husband has now been in detention for over 12 months and has not been charged with any criminal offences in the UK.
He had entered the UK and applied for political asylum in early 2004. He subsequently won an appeal and has been waiting to be granted indefinite leave to remain in the UK. He was born in 1975 and we have two daughters...
I appeal to all human rights organizations to support my husband in his ordeal. The first court (SIAC) session to look into my husband's case will be on 30-10-06.
Our Solicitors are: TRP Solicitors, 6 Lee Bank Business Centre, 55 Holloway Head, Birmingham, Bl 1HP. Please send your letters of support to them.
From : The wife of a Libyan man threatened with deportation
BACKGROUND
1. LEGAL MURDER ?
Libyan Law (Article 206 of the Libyan Penal Code) states:
"Any person who advocates the establishment of any legally proscribed assembly, organisation or formation or sets up, organises, administers or finances such an entity or provides a place for its meetings to be held, any person who joins it or incites such action by any means whatsoever or provides any assistance to it and any person who takes receipt of or obtains, directly or indirectly and by any means whatsoever, money or facilities of any kind or from any person or quarter with intent to establish any proscribed assembly, organisation or formation or facilitate such establishment will receive the death penalty. In respect of such penalty, both superior and subordinate will be equal, however lowly their rank in the assembly, organisation, formation or the like and regardless of whether such assembly is based in Libya or elsewhere".
The penalty for this crime, as specified in Article 206(3) is the death sentence.
2. The Memorandum of Understanding between Libya and the UK
The Memorandum of Understanding between Libya and the UK states:
"In cases where the person may face the death penalty in the receiving state, the receiving state will, if its laws allow, provide a specific assurance that the death penalty will not be carried out. In any case, where there are outstanding charges, or where charges are subsequently brought, against the person in respect of an offence allegedly committed before his deportation, the authorities of the receiving state will utilise all the powers available to them under their system for the administration of justice to ensure that, if the death penalty is imposed, the sentence will not be carried out".
"Either participant may withdraw from this Memorandum by giving 6 months notice in writing to the diplomatic mission of the other".