UA 103/93 - Libya: Legal concern: Colonel Mu'ammar al-Gaggafi calls for amputation and flogging to be included in the Penal Code
Judicial punishments of amputation and flogging may be introduced in Libya in the near future. Colonel Mu'ammar al-Gadaffi, in a speech on 2 April, urged the Basic People's Congresses and the General People's Congress to include the question on the agenda of their forthcoming meetings in June of this year.
EXTERNAL (for general distribution) AI Index: MDE 19/02/93
Distr: UA/SC
UA 103/93 Legal Concern 7 April 1993
LIBYA: Colonel Mu'ammar al-Gaddafi calls for amputation and flogging
to be included in the Penal Code
Amnesty International is gravely concerned that the judicial punishments of
amputation and flogging may be introduced in Libya in the near future. In a
speech on 2 April 1993 Colonel Mu'ammar al-Gaddafi called upon the country's
legislature to promulgate laws which would allow for the judicial application
of these punishments.
On the evening of 2 April, Libyan Television broadcast a speech by Colonel
Mu'ammar al-Gaddafi in which he said that he "would like to see the hands of
the thief cut off...and also for the man or the woman who commits adultery
to be given 100 lashes...".
Colonel Mu'ammar al-Gaddafi then urged the Basic People's Congresses (BPC)
and the General People's Congress (GPC) to include the question of amputation
and flogging on the agenda of their forthcoming meetings in June this year.
The agenda will be set in the next few weeks. The GPC is Libya's legislative
body. It is formed by representatives of the BPC. As such, it has the authority
to promulgate new laws and amend existing ones. No judicial amputations are
known to have taken place in Libya since Colonel al-Gaddafi came to power in
1969. Individuals convicted of theft or adultery were usually tried and
sentenced to prison terms.
Amnesty International considers amputation and flogging to be cruel, inhuman
and degrading punishments which, as such, are prohibited internationally by
the United Nation's Convention against Torture or Other Cruel, Inhuman and
Degrading Treatment or Punishment, and by the Universal Declaration of Human
Rights and the International Covenant on Civil and Political Rights. In May
1970 Libya became a State Party to the International Covenant on Civil and
Political Rights, and in May 1989 it became a State Party to the UN Convention
against Torture, without making any reservations to that treaty.
RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and airmail
letters either in English, Arabic or in your own language:
- expressing grave concern at reports that the Basic People's Congress may
introduce the judicial punishments of amputations and flogging in the Penal
Code;
- stating that these punishments amount to cruel, inhuman and degrading
treatment which is prohibited by the Convention against Torture and Article
7 of the International Covenant on Civil and Political Rights to which Libya
is a party as well as to Article 31(c) of Libya's own constitution;
- urging that the Penal Code should not provide for these punishments to be
imposed or carried out.
Page 2 of UA 103/93
APPEALS TO
1) His Excellency Mu'ammar al-Gaddafi
Leader of the Revolution
Office of the Leader of the Revolution
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
Telegrams: Colonel al-Gaddafi, Tripoli, Libya
Telexes: 70 0901 20162 ALKHASU LY
Salutation: Your Excellency
2) 'Umar Mustafa al-Muntasir
Secretary of the People's Committee
of the People's Bureau for Foreign Liaison
and International Cooperation
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
Salutation: Your Excellency
3) His Excellency
Zanati Muhammad al-Zanati
Secretary of the General People's Congress
Secretariat of the General People's Congress
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
Salutation: Your Excellency
COPIES OF YOUR APPEALS TO: diplomatic representatives of Libya accredited to
your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 19 May 1993.