LIBYA : ARBITRARY DETENTION OF LIBYAN MINOR ABDURRAHMAN ABDULJALIL MOHAMED AL FARJANI

The International League Against Arbitrary Detention urges the Government of Libya to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 42/2024 concerning Abdurrahman Abduljalil Mohamed al-Farjani, asking the Government of Libya to immediately and unconditionally release Abdurrahman Abduljalil Mohamed al-Farjani and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Abdurrahman Abduljalil Mohamed al-Farjani (Libya) : Opinion No. 42/2024.

ARBITRARY ARREST OF A HIGH SCHOOL STUDENT

Mr. al-Farjani is a Libyan national born on 16 February 1997, usually residing in Benghazi in Libya. At the time of his arrest, he was a minor high school student. He was accused of alleged opposition to the eastern administration under General Haftar’s command. On 27 December 2014, he was arrested at his home by the Tariq bin Ziyad Brigade, affiliated with the Libyan National Army, de facto controlled by General Haftar.

After one and a half years of incommunicado detention in Bersess prison, he was transferred on 16 April 2016 to Al-Koufiya Prison. Since then, Mr. al-Farjani has been deprived of contact with his family and legal counsel. He has never been brought before a judge, formally charged, or tried since his arrest in 2014.

Despite his former status as a minor and authorities' promises to release him in 2024, he remains in detention at Al-Koufiya Prison.

The Government of Libya was given the opportunity to rebut the submitted allegations but chose not to respond within the established deadline.

ARRESTED WITHOUT A WARRANT AND HELD INCOMMUNICADO

The source claimed that Mr. al-Farjani was arrested without any warrant and has been detained for nearly 10 years without any legal proceedings initiated against him. He was reportedly not promptly informed of the reasons for his arrest and was only brought before the Military Prosecutor of Benghazi in June 2022. Given the lack of legal basis and the fact that he was not promptly brought before a judge, the Working Group concluded that Mr. al-Farjani's arrest and detention violated articles 3 and 9 of the Universal Declaration of Human Rights and article 9(2) and (3) of the Covenant.

Furthermore, the source submitted that throughout his detention, Mr. al-Farjani's relatives repeatedly inquired about his situation but received no information. He was also denied access to legal counsel. It was not disputed that Mr. al-Farjani was held incommunicado for nearly a year and the Working Group recalled that, under Article 9(4) of the Covenant, incommunicado detention violates the right to challenge the lawfulness of detention. Therefore, it found that his right to an effective remedy, protected under article 8 of the Universal Declaration of Human Rights and article 2(3) of the Covenant, was violated along with his right to be recognized as a person before the law, protected under article 6 of the Universal Declaration of Human Rights and article 16 of the Covenant, as he was placed outside the protection of the law.

Finally, Mr. al-Farjani was reportedly a minor at the time of his arrest in 2014. In that regard, the Working Group specifically emphasized that every child deprived of liberty must be brought before a competent authority within 24 hours. As he was only brought before a prosecutorial authority but not a judicial one, the Working Group concluded to the violation of articles 37(b) and 40(2)(b)(ii) of the Convention on the Rights of the Child, as well article 9(3) of the Covenant.

In light of the above, the Working Group concluded that Mr. al-Farjani's arrest and detention were arbitrary under Category I.

DENIED HIS DUE PROCESS AND FAIR TRIAL RIGHTS DURING HIS 10 YEARS+ DETENTION

According to the source, despite Mr. al-Farjani's family immediately appointing a lawyer after his arrest, authorities told the lawyer legal assistance was unnecessary, as no legal proceedings had been initiated against him. In that regard, the Working Group noted that the right to legal assistance is a fundamental component of the right to a fair trial, ensuring equality of arms. It reaffirmed that all detainees have the right to legal counsel of their choice at all times, including immediately after apprehension. Accordingly, the Working Group found a violation of Mr. al-Farjani’s right to access legal assistance, as recognized by article 14(3)(b) of the Covenant, articles 10 and 11 of the Universal Declaration of Human Rights, as well as other international standards.

Since his arrest in 2014, Mr. al-Farjani has been detained without trial, violating his right to be tried within a reasonable time and without undue delay. It was only in June 2022 that he was finally brought before the Military Prosecutor of Benghazi, but the source submits that he was not charged. The Government provided no justification for his 10-year detention without trial. In view of these circumstances, the Working Group found a violation of Article 14(3)(c) of the Covenant.

Furthermore, the Working Group also highlighted the undermining of his presumption of innocence, guaranteed under Article 11(1) of the Universal Declaration of Human Rights, as Mr. al-Farjani was held in pretrial detention without an individualized judicial assessment of his case.

Finally, the Working Group expressed concern regarding the source’s allegations of acts of psychological and physical torture performed on Mr. al-Farjani to force his confession and found that it could amount to the violation of his rights to be presumed innocence and not to be compelled to confess guilt, protected under articles 14(2) and (3)(g) of the Covenant.

Considering the above, the Working Group concluded that the violations against Mr. al-Farjani's right to a fair trial were so grave that they rendered his detention arbitrary under Category III.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Abdurrahman Abduljalil Mohamed al-Farjani was arbitrary under Categories I and III, as it violated Articles 3, 6, 8, 9, 10, and 11 of the Universal Declaration of Human Rights and Articles 2, 9, 14, and 16 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Libya take all necessary steps to remedy Mr. al-Farjani's situation without delay and ensure compliance with international norms.The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to immediately release Abdurrahman Abduljalil Mohamed al-Farjani and grant him an enforceable right to compensation and other reparations, in accordance with international law.