Justice for victims of the Gaddafi regime

Geneva, London, May 19 2014 – The United Nations has adopted a landmark decision condemning Libya for the enforced disappearance of two high-ranking political opponents of Colonel Gaddafi’s regime. The complaints regarding the cases of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif were filed by NGO TRIAL on behalf of the sons of the disappeared. Hisham Matar and Youcif Almegaryaf, along with TRIAL, welcome this long-awaited decision. They urge Libya to turn the page on this dark chapter of human rights violations by undertaking all measures to shed light on the fate of their fathers and thousands other missing persons, as well as ensuring that it will never happen again.

The Swiss NGO TRIAL (Track Impunity Always) filed two complaints before the United Nations Human Rights Committee (HRC) in November 2010 on behalf of Hisham Matar and Youcif Almegaryaf, sons of two high-profile opponents to Colonel Gaddafi’s regime, Izzat Yousef Al-Maqrif and Jaballa Hamed Matar.

The HRC has now released a joint decision on these cases, concluding that Libya violated several provisions of the International Covenant on Civil and Political Rights– one of the UN’s most important human rights conventions. In particular, the right to life, to personal liberty, to humane treatment and the prohibition of torture.

If this decision does not disclose the truth on the final fate of the two political leaders, it acknowledges a relentless 24-year struggle carried out by the families of the disappeared.

Libya has 180 days to take action and inform the UN on the measures taken to implement the decision. The victims’ families will closely follow-up the process.

“This is the first time that an international body has confirmed what we have been saying for the past twenty-four years: namely, that the Qaddafi regime was responsible for the abduction, imprisonment and disappearance of my father, Jaballa Hamed Matar. My family welcomes the HRC decision and is tremendously grateful to the hard work, professionalism, and perseverance of TRIAL. It is now imperative for the new Libyan authorities to conduct a thorough investigation on the whereabouts of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif”, said Hisham Matar.

“Since the 2011 revolution, Libyan authorities have expressed their intent to cooperate with UN human rights mechanisms, but we, victims of human rights violations, need more than words. Libya must comply with its international law obligations and take measures to ensure these violations never recur”, said Youcif Almegaryaf.

TRIAL calls on Libya to swiftly implement the Committee’s decision.

“Libya must with no further delay unveil the truth on the fate of the two victims, prosecute and sanction those responsible for the crimes concerned, and provide compensation to the relatives of Mr. Al-Maqrif and Mr. Matar”, said Philip Grant, Director of the organization.

Background information

Jaballa Hamed Matar and Izzat Yousef Al-Maqrif

The enforced disappearances of Jaballa Hamed Matar and Izzat Yousef Al-Maqrif, two high-ranking members of an opposition party operating abroad, took place in the context of the repression implemented by the Libyan government against members of those groups.

Both men had been living in exile in Egypt since the mid 1980’s when they were arrested by Egyptian security forces in March 1990 and handed over to Libyan officials, before being exfiltrated to Libya.

Neither Jaballa Hamed Matar nor Izzat Yousef Al-Maqrif were ever taken before a judge nor charges were brought against them. They have never since been seen again by their family.

Despite all evidence, Libya has constantly denied having arrested and secretly imprisoned Jaballa Hamed Matar and Izzat Yousef Al-Maqrif. However the two opposition figures have managed to clandestinely smuggle out letters from Abu Salim prison to their families until 1995.

Until the recent HRC decision, no full investigation has taken place and Libya still has not acknowledged its involvement in these enforced disappearances. Without any possibility to obtain information about their whereabouts and to legally challenge the Libyan State, Hisham Matar and Youcif Almegaryaf turned to TRIAL in 2010.