The escalation of kidnappings, intimidation, enforced disappearances and security chaos in the capital, Tripoli, was condemned in the strongest terms yesterday by the National Consensus Bloc of the High State Council and the National Institution for Human Rights in Libya. They called for the unconditional release of the kidnapped and called for measures to be taken to bring the perpetrators to justice.
Two successive arbitrary detentions
The condemnation comes after the kidnapping of Mohamed El Gamati, brother of a vocal social media opposition critic of the status quo regimes of western and eastern Libya and Mohamed Toumi, the well-known and respected lawyer and a member of the Constitutional Drafting Authority.
The National Consensus Bloc called for the unconditional release of the kidnapped and called on the Tripoli judicial authorities to intervene immediately to take measures to bring the perpetrators to justice.
Mohamed El Gamati, an oil engineer who reportedly does not get involved in politics, was reported to have been kidnapped two days ago (26 March) and is still to be released. It is believed he was arrested purely to put pressure on his vocal critic brother, Husam. Toumi was detained yesterday and was released several hours later.
The National Institution for Human Rights in Libya – Al-Gamati
The National Institution for Human Rights in Libya expressed its strong condemnation and denunciation regarding the arbitrary arrest.
It said the kidnapping and arbitrary detention of Al-Gamati took place from his home in Tajoura, east of Tripoli, on Monday morning, March 24, by gunmen affiliated with the Tajoura Lions Brigade, which is affiliated with the General Intelligence Service. It said his detention was arbitrary without any basis and justification, and his fate is still unknown until now, and absent from the Libyan intelligence service.
It said the official perpetrators were acting contrary to the law and adopting the approach of criminal gangs, where this incident constitutes a crime punishable by law, which is the crime of deprivation of liberty in accordance with the provisions of Article No. (428) penalties, and Law No. (10) of 2013 criminalizes the crimes of kidnapping, torture and enforced disappearance.
It said this crime represents a flagrant and flagrant violation of human rights and citizenship and undermines the rule of law and justice, is subject to legal responsibility, and this incident carried out by members of the General Intelligence Service contradicts the provisions of Law No. 8 of 2023 on the reorganization of the Libyan intelligence service, specifically what is stipulated in Chapter Five: specifically Article 89:
”The Intelligence Service conducts its activities on the basis of human rights and fundamental freedoms guaranteed and protected by law, and its actions against these rights and freedoms shall not enjoy any immunity.”
The National Institution for Human Rights in Libya called for the immediate and unconditional release of Al-Gamati as he suffers from serious chronic diseases and his health condition is very critical due to the lack of the necessary medicines for him.
Al-Toumi
With regard to Mr Al-Toumi, the National Institution for Human Rights in Libya said his arrest was arbitrary and that he was taken to an unknown destination after storming his office in central Tripoli, amid conflicting news and information regarding his release hours after his arbitrary arrest.
In this context, the National Institution for Human Rights in Libya expressed its deep concern about this dangerous development and the escalation of the frequency and rates of gross violations of human rights, repression of freedoms and violations of rights, and the undermining of the rule of law and justice, due to the escalation of incidents of abduction, arbitrary detention and enforced disappearance of citizens in general, lawyers, judicial agents, jurists, human rights defenders, media professionals and journalists by the law enforcement authorities of the Libyan Presidential Council, the Tripoli government and the Ministry of Interior. All without any basis, justification and legal process.
The National Institution for Human Rights in Libya expressed its strong condemnation and denunciation of the incidents of abduction and arbitrary detention of lawyers, members of judicial bodies and human rights defenders throughout the country, and stresses that the attack on magistrates, lawyers and judicial agents is a flagrant violation of the immunity enjoyed by lawyers, as they may only be arrested on the basis of an order from the Public Prosecution and after lifting the immunity and by special procedures as stipulated in Libyan law. Specifically, what is stipulated in the provisions of Article (No. 27 of Law No. 3 of 2014)
In this context, the National Institution for Human Rights in Libya called on the Tripoli based Libyan government to act quickly and intervene to release Al-Toumi, without any restriction or condition, and to ensure that these gross violations of human rights are not repeated, and that those responsible are held accountable and brought to justice, and end impunity for these crimes and violations.
