Libya: OHCHR called upon for disappearance case, Abushaala gone since 1995

On 11 August 2009, Alkarama appealed to the Officer of the High Commissioner for Human Rights (OHCHR), in an individual communication on behalf of Mr Abushaala's brother.

Abdelmotaleb Abdulghader Mohsen Abushaala, born in 1975, a Libyan national, was at the time, a student at the Higher Institute of Civil Aviation. On the day of his arrest, he went to the institute to sit a re-take exam in "political consciousness".

After his exam and while he was in the parking lot of the institute, several armed officers in plain clothes came up to him when as he was getting into his car.

They brutally arrested him and gave him several kicks and punches, and ordered get in to the back of his car, while some of the officers also boarded the vehicle. They immediately left the scene, one of the officers at the helm of Mr Abushaala's car, followed by another vehicle driven by the other agents.

This scene happened in the presence of many witnesses who reported the incident to the family: including teachers, many students and the school principal.

Since that day, Mr Abushaala's have received no one of his condition or whereabouts.

The day after the arrest, his father went to the Higher Institute of Civil Aviation to inquire about his situation. He learned that his son's arrest was at the hands the department of Homeland Security.

All investigations in the early days were unsuccessful. It was only a few months later that the family was told that many young men, including students, were arrested and incarcerated Abu Slim prison.

Abdelmotaleb Abushaala visited this prison in an attempt to obtain confirmation that there was indeed detained. The prison authorities have refused to respond and confirm his presence in this prison. For several years she was going regularly to try to get news of his son, in vain.

In the year 2001, the parents of Abdelmotaleb Abushaala received information that there is in this prison. Having made, the authorities asked them to make a written request to the administration of the prison. However, it has received no response and, accordingly, the family has never received official confirmation that their son was well in the prison of Abu Slim.

Mr Aboushaala's mother also went several times to Ain-Zara prison based on rumors that there were many young students in that prison. She filed a written request in early 2002 and asked to obtain visitation rights, but with no result.

Officials of the People's Committees of Tripoli have also been asked to intervene for his release or at least that he be presented to justice.

Between 2002 and 2006, his parents tried to get lawyers to initiate legal proceedings, but they explained that it was not possible to conduct any legal proceedings.

Up until 2008, his parents had still not lost hope that the authorities might inform them of their son's situation. They have requested the aid of the Foundation for Human Rights, headed by the son the Head of State, Seif Gaddafi, whose staff promised to intervene, but again their hopes were dashed.

It was finally to the OHCHR that the family addressed themselves in order to obtain a declaration that the disappearance of their son is a violation of international law, particularly the right to life, to freedom from torture or cruel, inhuman or degrading treatment, to liberty and security of the person in detention to receive treatment respectful of human dignity to be recognized as a matter of law, the right to a remedy (2 § 3, 6 § 1, 7, 9 § 1, 2, 3 and 4, 10 and 16 of the International Covenant on Civil and Political Rights).

The Committee is asked to recognize the disappearance of Mr Abushaala and to request the State party to order a thorough and expeditious investigation into the disappearance and fate of Abdelmotaleb Abdulghader Mohsen Abushaala, in order to deliver his immediate release or to present to his family the results of this investigation.