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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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