The International League Against Arbitrary Detention urges the Government of Libya to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 48/2023 concerning Ali Suleiman Masoud Abdel Sayed, starting for the Government of Libya to immediately and unconditionally release him and accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Ali Suleiman Masoud Abdel Sayed (Libya): Opinion No. 48/2023.
ARREST OF FORMER PRISON EMPLOYEE ASSOCIATED WITH FORMER REGIME
Ali Suleiman Masoud Abdel Sayed is 55-year-old Libyan national and a former employee of Hadbah Prison. The prison held senior leaders and main collaborators of the former regime. In 2014, the prison was allegedly violently attacked by different rival militias, including the Special Deterrence Force, which took control. Reportedly, Mr. Abdel Sayed was abducted as a retaliatory measure against actors of the Libyan uprising.
On 17 August 2016, Mr. Abdel Sayed was abducted by members of the 8th Security Division, affiliated with the Ministry of the Interior of the Government of National Accord, while he was in the vicinity of the Al-Gargarni service station in Ayn Zara. He was then taken to an unknown location.
Following his arrest, Mr. Abdel Sayed’s family sought information from different police stations, the Ministry of the Interior, and the General Prosecutor, all of whom refused to take any action or provide information. Unofficial sources later revealed that Mr. Abdel Sayed had been detained in several detention centers controlled by various militias in Tripoli, including the Special Deterrence Force. These militias claim affiliation with the Ministry of the Interior and the Attorney General of Tripoli but operate independently.
On 14 April 2021, Mr. Abdel Sayed was brought before the public prosecution, where he learned that he was charged with “concealing facts” and that he would be released pending trial on 17 December 2022, which however did not happen. On 20 February 2023, the Court of Appeal of Tripoli acquitted him of all charges, but the Special Deterrence Force refused to release him and took him back to the Mitiga detention centre controlled by the above-mentioned militias. Though the Government was given the opportunity to answer these allegations, it chose not to.
ARRESTED WITHOUT A WARRANT, SUBJECTED TO ENFORCED DISAPPEARANCE AND DETAINED WHILE HAVING BEEN ALREADY ACQUITTED
First, it was uncontested that Mr. Abdel Sayed was arrested on 17 August 2016 by the 8th Security Division of the Ministry of the Interior of the Government of National Accord without being presented with an arrest warrant or any prompt information on the reasons for his arrest and detention. He was only informed of the charges against him five years later, on 14 April 2021, while being presented before public prosecution for the first time. As such, the Working Group found this situation to be in violation of article 3 and 9 of the Universal Declaration of Human Rights and article 9(1) and (2) of the Covenant.
Besides, Mr. Abdel Sayed was detained for more than six years before being presented to a judicial authority, on 17 December 2022. The Working Group thus considered that his prolonged detention without judicial review were in violation of article 9(3) of the Covenant, which requires individuals to be brought before a judge within 48 hours of arrest. In these circumstances, the Working Group also noted that Mr. Abdel Sayed's pre-trial detention was not neither reasonable nor necessary, which further violates article 9(3) of the Covenant, since such detention should be the exceptions rather than the rule.
Furthermore, following his arrest, his family's inability to locate him and the authorities' refusal to disclose his whereabouts indicate an enforced disappearance, violating article 9 (1) of the Covenant and international law. As such, the Working Group concluded that Mr. Abdel Sayed's rights to challenge the legality of his detention, to be protected by the law, and to access an effective remedy, enshrined in articles 2(3), 9 (3), (4) and 16 of the Covenant and in articles 6 and 8 of the Universal Declaration of Human Rights, had been violated.
Lastly, despite a court ruling on 20 February 2023 acquitting him of all charges, Mr. Abdel Sayed remained detained at the time of the source's communication to the Working Group. The Working Group hence considered that his continued detention was void of any legal basis, in violation of article 9(1) of the Covenant.
Therefore, the Working Group concluded that Mr. Abdel Sayed’s arrest and detention were arbitrary under Category I, as lacking a legal basis.
DETAINED IN PRE-TRIAL DETENTION FOR OVER SIX YEARS
Mr. Abdel Sayed was detained for over six years without being tried within a reasonable time, only appearing before a criminal court on 17 December 2022, and being acquitted on 20 February 2023. As the Government provided no justification for this delay, the Working Group found this in violation of Mr. Abdel Sayed's rights to be tried within a reasonable time and without undue delay, enshrined in articles 9(3) and 14(3)(c) of the Covenant.
Additionally, Mr. Abdel Sayed was denied communication with counsel and access to his case files during the pre-trial stage, exacerbated by his detention in secret locations. The Working Group asserted that all detainees have the right to legal assistance from the outset of their detention, which was denied to Mr. Abdel Sayed, violating article 10 of the Universal Declaration of Human Rights and article 14(3)(b) of the Covenant. This lack of legal access compromised his ability to defend himself, as did the unrebutted allegations of torture, which further undermined his right to a fair trial and the presumption of innocence under article 14(2) and (3)(g) of the Covenant.
Consequently, the Working Group referred this case to the Special Rapporteur on torture and concluded that the violations of Mr. Abdel Sayed's right to a fair trial were so severe that his detention was arbitrary under Category III.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
The UN Working Group Against Arbitrary Detention considers the detention of Ali Suleiman Masoud Abdel Sayed to be arbitrary, falling under Categories I and III due to violations of Articles 3, 6, 8, 9, and 10 of the Universal Declaration of Human Rights and Articles 2, 9, 14, and 16 of the Covenant. The Working Group expresses grave concern regarding Mr. Abdel Sayed’s continued detention despite his acquittal and urges the Government of Libya to take immediate action.
In light of the foregoing, the United Nations Working Group on Arbitrary Detention recommended that the Government of Libya take the steps necessary to remedy the situation of Mr. Abdel Sayed without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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