Tripoli, 26 September 2013:
The international NGO Human Rights Watch (HRW) has called on the Libyan authorities not to act on a . . .[restrict]criminal defamation complaint brought against three members of the General National Congress (GNC).
A week ago the GNC voted to lift immunity from prosecution for Hajer El-Ghaid, a member of the National Forces Alliance and two independents, Jumaa Sayah and Tuati Al-Aidha, to enable the Attorney-General to investigate defamation complaints brought against them by the Justice and Construction Party (J&C).
Some 20 J&C members claim Ghaid, Sayah and Aidha defamed the party on national TV by suggesting they had illegally sold oil to the Muslim Brotherhood and had “secret relations with foreign countries,” namely Qatar.
Under Libyan law the loss of immunity paves the way for a potential criminal investigation and prosecution, HRW said.
“The parliament’s decision to strip the immunity of three of its members is a blatant attempt to restrict political discussion and suppress free speech,” said acting Middle East and North Africa director at HRW Joe Stork. “Parliament members should understand that they are public figures and open to criticism and stop threatening to send one another to prison for their comments.”
HRW added that to protect freedom of speech, Libya should abolish legislation from the old regime that criminalises defamation. Under articles 262 and 439 of Libya’s Penal Code, cases of defamation – especially against public officials – can carry prison sentences.
“Libyan authorities should focus on reforming Qaddafi-era laws that can be used to suppress speech, and not consider using them to intimidate opponents and silence dissent,” said Stork. [/restrict]
