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ATTORNEY URGENT ALERT

 

LIBYA

10 June 2008

Lawyer

al-Mahdi Saleh Hmeed

sentenced to 15 years imprisonment,  

for planning a peaceful demonstration to take place in Tripoli

 

UPDATE : Eight of the  arrested, including al-Mahdi Saleh Hmeed,  were released from prison on 7 December 2008.

 

 

Source    IFEX-TMG

 

 

On 10 December, the newly created State Security Court sentenced in unfair proceedings al-Mahdi Saleh Hmeed, a lawyer and his  brothers Faraj Saleh Hmeed, Ali Saleh Hmeed and al-Sadeq Saleh Hmeed   to 15 years, Idriss Boufayed to 25 years imprisonment, Jamal el-Haji to 12 years, while the Farid Mohammed al-Zwai, Alaa al-Drissi, Ahmed Youssef al-Obaidi, Bashir Qasem al-Hares and al-Sadiq Qeshoot were sentenced to six years each. They were convicted of the charges of vaguely worded offences such as "attempting to overthrow the political system," "spreading false rumours about the Libyan regime" and "communicating with enemy powers."

The charge of "possession of weapons and explosives with the intention of carrying out subversive activities" was dropped. Adel Saleh Hmeed was the only one acquitted of all the charges.

The defendants did not have the right to counsel of their own choosing, with the exception of Jamal el-Haji, who was able to appoint a private lawyer. They also did not have access to the appointed defence lawyers outside the court room.

 In fact,  these charges are related  to the publication on news websites on 23 January 2007 of a communiqué by al-Mahdi Saleh Hmeed, along with three other men, Idriss Boufayed, Ahmed Youssef al-Obaidi and Bashir Qasem al-Hares, announcing that they were planning a peaceful demonstration to take place in Tripoli on 17 February 2007 and a subsequent meeting with a US diplomat. The demonstration commemorated the first anniversary of the killing of at least 12 people and the injuring of scores more during a demonstration in Benghazi. In February 2007, 14 men were arrested in connection with the planned demonstration.

The day before the date of the planned demonstration, internal security agents once again arrested the  12 other co-organisers of the demonstration.  They have all been in prison since then and have made allegations of torture.

Al-Mahdi Saleh Hmeed was  arrested in the afternoon of 16 February 2007. Earlier the same day, his father’s house had been set on fire by a group of young men,  allegedly colluding with the authorities, who reportedly also assaulted members of his family. His brothers Adel Saleh Hmeed, Ali Saleh Hmeed, Faraj Saleh Hmeed and al-Sadeq Saleh  Hmeed were also arrested.

 On 20 April 2007, more than two months  after their arrest, the 12 men were  charged by a court in the district of Tajoura in Tripoli with offences such as possession of weapons with  the intention of carrying out subversive activities, incitement to demonstration and communication with enemy powers. They were transferred to al-Jadida Prison in Tripoli.. 

Trial proceedings, which began on 24 June 2007, were transferred to the new State Security Court after it was established in August 2007 to try individuals accused of offences against state security and unauthorized political activities. The first hearing before this court took place on 6 November 2007. The detainees did not have the right to counsel of their own choosing, with the exception of Jamal el-Haji, who was able to appoint a private lawyer, and furthermore, did not have access to the appointed defence lawyers outside the court room. The UN Human Rights Committee has expressed concerns about the State Security Court, saying that the need for it and its mandate are unclear, and calling upon Libya to ensure that all rights and guarantees under article 14 of the International Covenant on Civil and Political Rights are respected.. After several months of an ostensibly unfair procedure, the Court has announced that the final verdict will be pronounced on 15 April 2008.

.

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