In July 2008, a joint individual communication against Libya was lodged by TRIAL and the organization Al-Karama for Human Rights before the United Nations Human Rights Committee on behalf of Khaled Il Khwildy, acting for his brother, Abdussalam Il Khwildy.
Mr Il Khwildy was arrested and detained arbitrarily in April 1998, toghether with his father and three brothers, apparently suspected of aiding the author to escape from Libya in 1996. After having spent over a month in detention at the Benghazi prison, the rest of his family members were released when Abdussalam Il Khwildy confessed having helped the author out alone.
Abdussalam Il Khwildy was ill-treated and tortured (including regular severe beatings) and held incommunicado for years without his family ever being informed about his situation. He was eventually released in May 2003, without ever having been brought before a judge or a court.
He was again arbitrarily detained on 17 October 2004, and after an unfair trial which was conducted in complete disregard for the most basic judicial guarantees, he was sentenced by a special tribunal on 7 August 2006 to two years’ imprisonment. During this period, his detention had continued, and he remained in prison until 17 October 2006.
On 19 October 2006, the victim was allowed to contact his father by phone to tell him that he was in a separate facility, called El Istiraha, for prisoners having recently completed their sentences, and would probably be freed without delay, pending completion of some documentation.
After that day, his parents were left without news about his fate – authorities were unresponsive to requests for information until the Secretary of Prisons eventually affirmed that he was not in any other prison in the country. The security services denied still detaining him, and refused to give any information other than that he had been released.
In May 2008, the victim was finally permitted to call his family and inform them that he was in Abou Slim Prison. He was then able to receive a 45-minute visit from his parents.
Abdussalam Il Khwildy remains in detention despite having already served his sentence.
All judicial and other legal remedies provided for by Libyan legislation are de facto
The author of the communication requests the Committee to recognize that, based on the facts of the case, Libya has violated: