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"Everyone has the right to life, liberty and security of person" The tenth of December 1999 marks the sixth anniversary of the abduction in Egypt of Mr.Mansour Kikhiya, one of the most prominent defenders of human rights, while he was attending the meetings of the General Assembly of the Arab Organization for Human Rights in his capacity as a member of its Board of Trustees. The considerable efforts that have since been made by numerous parties to ascertain the fate of Mr. Kikhiya have so far proved fruitless, although they have made a positive contribution by shedding more light on the Egyptian Government's role in the abduction operation and its conditions for handing him over to the Libyan Government, which included an undertaking by the latter to spare Mr. Kikhiya's life. Those endeavors also helped to ascertain Mr. Kikhiya's whereabouts insofar as they established his recent transfer to a new secret place of detention (a house in the Central Region) following a severe deterioration in his state of health which could lead to the loss of his sight unless he receives urgent and regular specialized medical care. In this connection, it is noteworthy that Mr.Kikhiya's place of detention is not under the administrative supervision of the Department of Prisons, since it is subject to the direct instructions of Colonel Qaddafi and his brother-in-law Major Abdullah al-Sanousi, whom a French court sentenced in absentia to life imprisonment for his role in the explosion of the UTA aircraft in September 1988 in which all the 170 passengers lost their lives. The Libyan Government implicitly acknowledged its responsibility for that explosion when it officially paid to the French Government the full amount of compensation (FF200 million) awarded by the court, although it expressed reservations about handing over Major Abdullah al-Sanousi who enjoys the full confidence of Colonel Qaddafi by whom he is usually entrusted with special tasks such as that of guarding Mr. Kikhiya. The sixth anniversary of Mr. Kikhiya's abduction has been marked by initiatives and attempts on the part of the Libyan Government to close some of the files concerning flagrant violations of human rights. The year began with the illegal extradition of two Libyan citizens to non-Libyan authorities for trial under non-Libyan law, which constituted not only a violation by the Libyan Government of the rights of its citizens but also an unjustifiable relinquishment of its legal jurisdiction and its moral responsibility to protect its citizens and defend their rights. Basically, this was a renunciation by the Libyan Government of an important part of its national sovereignty in favour of the Governments of Great Britain and the United States, which demanded the extradition of the two Libyans on the pretext of the need to protect and defend the rights of their own citizens, as though Libya's citizens should have no rights and deserve no protection. The extradition of the two Libyans constituted a serious violation by the Libyan Government of the rights of all Libyans and an implicit admission on its part that Libyans had no right to protection, unlike the citizens of the two States to which it handed over its citizens for trial! The Libyan Government's failure to follow the example of other Governments by respecting the legitimate rights of its citizens was not attributable to its weak negotiating position vis-à-vis Great Britain and the United States; it was primarily a result of the Government's ongoing policy of disregard for the human rights of Libyan citizens. This is clearly evident not only from the handover of the two Libyans to foreign Governments but also, more particularly, from the policy of compensation (in respect of some crimes) that the Government is pursuing vis-à-vis foreign States. For example, while offering generous compensation to the British Government for the death of the policewoman Yvonne Fletcher, the Libyan Government never even thought of expressing regret, let alone offering compensation, for the large number of Libyans who were injured (some of them severely) at the same time and in the same place where Mrs. Fletcher died. Moreover, in keeping with its policy of showing no concern for the protection of its citizens whose rights it is flouting, that Government has never considered combining its policy of détente vis-à-vis the West with a policy of détente in regard to the human rights of Libyans under which all prisoners of opinion and conscience, and primarily Mr. Kikhiya, would be released. The Libyan Government's undertaking to finally renounce terrorism, which was made in the joint statement issued after the visit to Libya by the Italian Prime Minister D'Alema, was an important step in the right direction, towards respect for human rights and the exclusion of violence from public life. The League hopes that this undertaking will also apply fully to all Libyans, whose rights must likewise be respected. The League has frequently drawn attention to the fact that violence and personal power are at the origin of all the acts of folly that will lead Libya only on the road to disaster. Today, we see the Government squandering public funds on compensation for acts of folly which are not in Libya's interest. However, the League remains hopeful that the Libyan Government will submit to reason and the law not only in its dealings with abroad but also in its dealings with its citizens, who need to enjoy protection and security through respect for all their rights recognized in international covenants and conventions on human rights. Obviously, this can be achieved only by opening the prisons and releasing all the prisoners of opinion and conscience and, primarily, Mr. Mansour Kikhiya who was abducted six full years ago. The League appeals to all human rights organizations and activists to do everything in their power to secure the immediate release of Mr. Mansour Kikhiya, one of the principal victims of the human rights struggle, and to advance the cause of human rights in Libya. We should always remember that no one is free as long as a single prisoner of opinion remains in detention. 10 December 1999 |
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