Document - Libye. Craintes pour la sécurité de la fille d'un loyaliste. Anoud Abdallah al Senussi

URGENT ACTION

UA: 322/12 Index: MDE 19/022/2012 Libya Date: 31 October 2012

URGENT ACTION

SaFETY CONCERNS FOR LOYALIST'S DAUGHTER

‘Anoud Abdallah al-Senussi, whose father was Mu’ammar al-Gaddafi’s military intelligence chief, was arrested in Tripoli on 6 October 2012. She has been held incommunicado since about 20 October, and there are fears for her safety.

‘Anoud Abdallah al-Senussi, 21, is believed to have been taken into custody on 6 October 2012 at her Tripoli hotel. She had arrived earlier that day on a flight from Algeria, apparently intending to visit her father, Abdullah al-Senussi, detained in Libya since 5 September. He had been Mu’ammar al-Gaddafi’s military intelligence chief.

‘Anoud Abdallah al-Senussi has been held in a Tripoli prison since about 15 October. Relatives have not been allowed to visit her since about 20 October, and this has heightened their concern. She has had no access to a lawyer.

She is understood to have been accused of using a forged passport and entering the country on a forged document, a crime under Article 350 of the Libyan Penal Code. If convicted, she would face up to five years in prison. It seems that her name was incomplete on the passport she used to enter Libya, and did not include “al-Senussi”, raising suspicions that the passport was forged. It appears that members of the General Prosecution as well as the military police interrogated ‘Anoud Abdallah al-Senussi. She was apparently supposed to appear at a Tripoli lower court on 21 October, but was not taken there by the prison authorities.

Amnesty International wrote to the General Prosecutor, the Minister of Interior and the Minister of Justice on 8 October, requesting them to clarify ‘Anoud Abdallah al-Senussi’s legal status and protect her from torture or any other ill-treatment. The organization received no response.

Please write immediately in Arabic, English or your own language:

Urging the Libyan authorities to ensure that 'Anoud Abdallah al-Senussi is protected from torture and other ill-treatment;

Asking them to clarify her legal status: if she has been charged with a recognizably criminal offence, she must be given a fair trial that meets international standards, and immediately given access to her family and a lawyer of her choice. Otherwise she must be released and allowed to leave Libya if she chooses.

PLEASE SEND APPEALS BEFORE 12 DECEMBER 2012 TO:

Minister of Justice and Human Rights

H.E. Ali Hamida Ashour

Ministry of Justice and Human Rights

Fax: +218 2 14 80 54 27

(fax/phone line – say "Fax") (Fax is the only reliable communication method; please do not send letters)

Salutation: Your Excellency

Minister of Interior

H.E. Fawzi Abdelal

Ministry Interior

Fax: +218 21 44 42 997

+218 2 14 80 36 45

(Fax is the only reliable communication method; please do not send letters)

Salutation: Your Excellency

And copies to:

President of the Supreme Council for Human Rights and Freedoms

Mr Mohamed Allagi

Supreme Council for Human Rights and Freedoms

Fax: +218 2 14 44 73 77

Salutation: Dear Mr Mohamed Allagi�

Also send copies to diplomatic representatives accredited to your country. Please insert local diplomatic addresses below:

Name Address 1 Address 2 Address 3 Fax Fax number Email Email address Salutation Salutation

Please check with your section office if sending appeals after the above date.

URGENT ACTION

SaFETY CONCERNS FOR LOYALIST'S DAUGHTER

ADditional Information

In June 2011, the International Criminal Court (ICC) issued an arrest warrant for Abdullah al-Senussi, as well as Colonel Mu’ammar al-Gaddafi and his son Saif al-Islam al-Gaddafi, on two counts of crimes against humanity – murder and persecution – allegedly committed in the eastern Libyan port city of Benghazi in February 2011. Abdullah al-Senussi had entered Mauritania in March 2012, where he was arrested immediately. The Mauritanian authorities extradited him to Libya on 5 September 2012. Amnesty International has repeatedly called on the Libyan authorities to hand Abdullah al-Senussi over to the ICC. ��Crimes against humanity are not considered crimes under Libyan law, which presents a serious obstacle to the country’s ability to conduct effective investigations and prosecutions of such cases. ��Amnesty International is concerned that al-Senussi and other perceived loyalists of the former government face a real risk of torture or other ill-treatment in custody and Libyan law provides for the death penalty, which the organization opposes in all cases as a violation of the right to life and the ultimate cruel, inhuman and degrading punishment. ��It appears that no independent organizations, relatives or lawyers have had access to him since he has been detained in Libya.

Al-Senussi is widely believed to have been guilty of other crimes in the last four decades in Libya, including the extrajudicial execution of more than 1,200 detainees at Abu Salim prison in 1996.

Thousands of people accused of having supported or fought for the toppled al-Gaddafi government are still detained, most without charge, in some cases for 18 months or longer. Many have complained of torture or other ill-treatment, and have been forced to sign “confessions” under torture or other duress.��During a fact-finding visit to Libya in September 2012, Amnesty International met prosecutors, police, criminal investigators and other staff in the judicial sector, as well as lawyers who highlighted difficulties and threats they face in carrying out their duties in the prevailing security situation and the de facto authority exerted by armed militias. Very few lawyers are willing to represent alleged “Gaddafi loyalists”, either for ideological reasons or out of fear of reprisals. ��Such fears are justified: Amnesty International has documented threats, harassment and violence against lawyers defending alleged al-Gaddafi supporters. Relatives of those accused of having supported the former government complained that they were either unable to find lawyers willing to represent their relatives or were asked for exorbitant fees.�

Name: ‘Anoud Abdallah al-Senussi

Gender m/f: f

UA: 322/12 Index: MDE 19/022/2012 Issue Date: 31 October 2012

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