The International League Against Arbitrary Detention urges the Government of Libya to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 41/2023 concerning Osama Muhammad Saleh al-Ghafir al-Obeid starting for the Government of Libya to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.
Read the full WGAD Opinion concerning Osama Muhammad Saleh al-Ghafir al-Obeid (Libya): Opinion No. 41/2023.
ARRESTED WITHOUT AN ARREST WARRANT, SUBJECTED TO ENFORCED DISSAPEARANCE AND INCOMMUNICADO DETENTION
Osama Muhammad Saleh al-Ghafir al-Obeid is a national of Libya, born in 1971. He is an officer within the Ministry of Defence of the Government of National Accord in Tripoli. Colonel Al-Obeid was part of a battalion tasked with securing the oil fields in the Sirte region, under the command of the former Minister of Defence of the Government of National Accord.
On July 12, 2016, while on mission, Colonel Al-Obeid was arrested by a group of soldiers from the Tariq bin Ziyad brigade, affiliated with the Libyan National Army. Prior to his arrest, the said brigade was fighting to take back control of the oil fields, under the command of General Haftar, over which the Government has no control. Colonel Al-Obeid was then taken onboard a military aircraft to an unknown destination. A month after his arrest, Colonel Al-Obeid appeared on television, on a channel known to spread propaganda, and was forced to deny the legitimacy of his mission. At the moment of the zource's communication, Colonel Al-Obeid was being detained in Gernada prison.
The Government was given the opportunity to answer these allegations, which it chose not to do.
First, Colonel Al-Obeid was arrested without having been presented an arrest warrant, nor having been informed of the reasons for his arrest. Following his arrest, Colonel Al-Obeid was not promptly informed of the reasons for it either. Considering this, the Working Group established the articles 3 and 9 of the Universal Declaration of Human Rights had been violated.
Following his arrest on 12 july 2016, Colonel Al-Obeid's whereabouts were hidden from his family until 15 February 2022, except for the day of the 12 August 2016 as he appeared in broadcast television. During this period, Colonel Al-Obeid did not have access to his lawyers either, or any legal procedure whatsoever. As such, the Working Group considered Colonel Al-Obeid was subjected to enforced disappearance and incommunicado detention during this period, in violation of article 9 (1) of the Covenant.
Besides, this situation also denied him his right to be protected by the law, in violation of article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant, as well as his right to challenge the legality of his detention, in violation of article 9 (3) and (4) of the Covenant. Consequently, his inability to contest his detention also infringed upon his right to an effective remedy under article 8 of the Universal Declaration of Human Rights and article 2 (3) of the Covenant.
Lastly, following his arrest, Colonel Al-Obeid was reportedly held in various detention facilities without being brought before a competent judicial authority. At the time of the source's communication, he had been detained for 7 years without any charges having been brought against him or proceedings having been commenced. Considering that pre-trial detention should be exceptional, and that in this case it does not appear to be justified, the Working Group found a further violation of article 9 (3) of the Covenant.
Therefore, the Working Group found Colonel Al-Obeid's arrest and detention arbitrary under category I.
DETAINED FOR OVER SEVEN YEARS WITHOUT EVER HAVING BEEN BROUGHT TO A TRIAL
Following his arrest, Colonel Al-Obeid was taken to an unknown location and secretly detained incommunicado. During this period, he was denied the right to access to legal assistance, and as such, the Working Group found a violation of article 14 (3) (b) of the Covenant and article 10 of the Universal Declaration of Human Rights. Considering this in light of the above-findings concerning his enforced disappearance, the Working Group further noted that these violations substantially undermined his capacity to defend himself in any judicial proceedings.
In the light of the fact that, at the time of the source's communication, Colonel Al-Obeid had been detained for over 7 years without ever having been brought to trial, the Working Group found a violation of his right to be tried within a reasonable time frame and without undue delay, enshrined in articles 9 (3) and 14 (3) (c) of the Covenant.
In addition, the Working Group expressed its concern about the way in which Colonel Al-Obeid was forced to appear on television to deny the legitimacy of the official mission he was carrying at the time of his arrest. Notably, the Working Group noted the poor health status of Colonel Al-Obeid while doing so, alongside the allegations according to which he would have been subjected to torture by the authorities. Taking this into consideration, the Working Group referred the case to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
Given the foregoing, the Working Group concluded that the violations of the right to a fair trial and due process of Colonel Al-Obeid were of such gravity as to give his deprivation of liberty an arbitrary character falling under category III.
TARGETED BECAUSE OF HIS POLITICAL OPINION AND POSITION AS AN OFFICER
The Working Group considered that the unrebutted facts submitted by the source indicate that Colonel Al-Obeid’s deprivation of liberty and targeting by the Libyan National Army-affiliated militia were on account of his political views as an officer under the command of the former Minister of Defence of the Government of National Accord - to which the said militia was always hostile. To conclude this, the Working Group notably relied on the context of Colonel Al-Obeid's arrest, as well as on his forced appearance on broadcast television. As such, the Working Group found that Colonel Al-Obeid's detention was discriminatory, in violation of article 26 of the Covenant and articles 2 and 7 of the Universal Declaration of Human Rights.
Thereby, the Working Group considered that his detention was arbitrary under category V.
CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION
In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the deprivation of liberty of Osama Muhammad Saleh al-Ghafir al-Obeid was arbitrary and fell within categories I, III and V, as it contravened articles 2, 3, 6, 7, 8, 9 and 10 of the Universal Declaration of Human Rights and articles 2, 9, 14, 16 and 26 of the International Covenant on Civil and Political Rights.
The Working Group requested the Government of Libya to take the necessary steps to remedy the situation of Colonel Al-Obeid without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to release Colonel Al-Obeid immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.
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