CCPR/C/50/D/440/1990
English
Page 3
lived, was searched at dawn. The intruders allegedly were members of the
Mukhabarat, the Libyan security police. Mohammed El-Megreisi was asked to dress
and accompany them, purportedly to assist in some unspecified security matter.
He never returned. The author adds that "no one could visit his brother and no
one was given any information about him".
2.2 The author claims that the security police falsely suspected his brother of
active involvement in politics. No specific charges were brought against
Mohammed El-Megreisi, nor was a trial ever held. The family could not trace him
for approximately three years and feared that he had been tortured or killed,
which is said to be the usual fate of political detainees in Libya.
2.3 In April 1992, the El-Megreisi family learned that he was still alive,
since he was allowed a visit by his wife. According to Mrs. El-Megreisi, the
Libyan authorities have told her husband that no charges against him exist and
that they have no reason to keep him in detention other than for routine
procedures. It is submitted that, during his wife's visit, Mohammed El-Megreisi
could not comment on the conditions under which he is detained, nor on whether
he has been subjected to torture or to other cruel, inhuman or degrading
treatment, out of fear of punishment, as meeting places are allegedly bugged and
conversations between visitors and prisoners recorded.
2.4 In a submission of September 1992, the author stated that, at that time,
his brother was detained in a military camp in Tripoli; name and location of the
camp were, however, unknown. The author reiterated that condition under which
prisoners in Libya are detained are cruel and inhuman, without giving further
details.
2.5 As to the requirement of exhaustion of domestic remedies, the author has
stated, in his initial submission, that the Libyan authorities simply denied
that they ever arrested his brother, even though his arrest had been witnessed
by the family. In 1990, two London-based non-governmental organizations
requested the Libyan authorities to provide clarifications about
Mr. El-Megreisi's fate, but received no reply. It appears from the author's
submissions, that local remedies are deemed to be both unavailable and
ineffective.
The complaint
3.
Although the author does not invoke specific provisions of the
International Covenant on Civil and Political Rights, it appears from his
submissions that he considers his brother to be the victim of a violation by
Libya of articles 7, 9 and 10.
The Committee's admissibility decision
4.1 During its forty-sixth session, in October 1992, the Committee considered
the admissibility of the communication. It noted with concern that in spite of
two reminders addressed to the State party in January and July 1992, no
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