On July 10, 2024, Alkarama submitted the case of Mr. Hassan SALEM, a Libyan MP, and his brother, Mr. Mohamed SALEM, to the Working Group on Arbitrary Detention (WGAD). Both were arrested by the RADAA militias (Special Deterrence Forces) and are currently detained at the Mitiga airport site, which is under their control.
Abduction of Mr. Hassan SALEM
On February 27, 2023, shortly after leaving the "Administrative Control Authority" headquarters in Tripoli, Mr. Hassan SALEM was abducted in public by RADAA militias without a warrant or any explanation. He was taken to Mitiga, where he was held incommunicado and deprived of any contact with the outside world for more than two months.
It was only on May 9, 2023, that he was finally allowed his first family visit. His family reported that they were only allowed one other visit and lost all contact with him since March 2024. Mr. Hassan SALEM was also denied legal representation until his first hearing before the Al Farnaj military court on May 22, 2023.
During this hearing, he was informed for the first time of the charges against him, including the crime of "association with a criminal gang," despite no specific facts being attributed to him. During this hearing, his lawyer invoked his client's parliamentary immunity by producing an official letter from the Libyan parliament demanding his release and the military court's lack of jurisdiction to try a civilian.
Despite the prosecutor himself requesting his release, the court, under militia pressure, ordered his continued detention.
Arrest of Mohamed SALEM
Mr. Mohamed SALEM was arrested on September 31, 2023, by RADAA militiamen upon his arrival at the Al Farnaj military court to attend his brother's trial. He was immediately taken to Mitiga prison, where he was held incommunicado until January 19, 2024, over three months, before being allowed his first family visit.
During this visit, his family reported seeing signs of beatings and injuries on his face and hands. He was only allowed four visits throughout his detention. His last contact with his family was reported at the end of May 2024.
The lawyer appointed by his family was also not allowed to visit him or consult his file, with the prosecutor claiming to have no record of his arrest, as he was not subject to any judicial procedure.
Alkarama appeals to the WGAD
Faced with this situation of abuse and blatant violations of the fundamental rights of the two victims, their family had no choice but to appeal to the UN experts to seek the intervention of the Libyan government for their release.
In its communication, Alkarama raised that their deprivation of liberty is devoid of any legal basis as it is contrary not only to international law but also to Libyan law.
Alkarama highlighted all the violations of their fundamental rights that the two brothers have been victims of since their arrest to date and called on the independent experts of the Working Group to recognize the arbitrary nature of their deprivation of liberty.
The State party's responsibility for the violations by RADAA militias
In previous similar cases, Alkarama had called on the Working Group to recognize the Libyan government's responsibility for the actions of the militias. Indeed, Alkarama indicated that although it has its own command structure, the militia is under the authority of the Ministry of Interior and the Attorney General and funded by the government, which is therefore fully responsible for its actions.
The independent experts have regularly called on the Libyan government to ensure that the militias and all unofficial detention sites are placed under its effective control.