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Appendix I

(original submitted in Arabic)

Comments of the General People’s Committee (GPC) for Foreign Liaison and International Cooperation on the third part of the Human Rights Watch report titled “Violations Against Migrants and Refugees,” based on their delegation’s visit to the Libyan Jamahiriya between 4/20 and 5/11/2005

Introduction

The GPC for Foreign Liaison and International Cooperation asserts that the Libyan government is aware of the serious social, economic, and security repercussions based on illegal immigration, and on more than one occasion has called for the urgent study of the causes and solutions in a comprehensive and balanced way.

In his letter to the leaders of the E.U. dated 6/22/2002 during their meeting in Seville, Spain, the Leader of the Revolution offered the ideal solution to address this phenomenon, whereby he asserts:

• The need for an African-European summit based on the Cairo summit in 2000 to cure the immigration phenomenon.
• Distributing investments, initiating projects, and identifying a market for employment, services, and manufacturing in Africa.

The Leader of the Revolution’s initiative related to Youth, Women and the African Child project, which aims at nationalizing development projects, fighting unemployment and poverty, and reserving job opportunities for this important sector of the children of Africa, results from the Libyan Jamahiriya’s contributions to solve the immigration problem.

The Libyan Jamahiriya participates in efforts to fight poverty and hunger in Africa via bilateral agreements. With respect to international organizations we would like to mention, as an example, the great Libyan Jamahiriya’s involvement by managing five food security programs in Burkino Faso, Chad, Niger, Mali, Sudan, and members of the Mediterranean and desert countries through the Food and Agriculture Organization (FAO).

Libya has been and continues to be open along its African and Arab borders such that there are approximately 1.5 million foreign workers in the country. More than 90% are self employed or work for the local or public sectors, and legislation exists to organize their rights and duties, just as they must comply with the legal conditions for practicing their trade or profession, adherence to the rules of public health, and taxes by which citizens must comply without exception.

The problem is not with those who enter the country legitimately and stay after the expiration of their entry visa in order to work, or those who violate the terms of the entry visa by practicing a different trade or profession. In these cases, matters are most likely settled in accordance with the legislation currently in force. Even those who enter the country illegally can resolve their problems if they have authentic valid documentation.

The real problem is with individuals who enter the country illegally without documentation. They pose a threat to public security, the issue that necessitates taking legal steps with regards to them.

Also, another problem is those individuals who enter the country with the intention of migrating to other countries. The Libyan Jamahiriya is committed to its international and bilateral agreements to fight illegal immigration by taking steps to prevent the smuggling of persons, the trafficking of them, and their falling victim to blackmail and fraud at the hands of organized crime. During 2005, forty-nine criminal organizations were arrested for smuggling illegal immigrants, and 40,000 foreigners were arrested for attempting illegal immigration by sea, and 1,876 illegal immigrants—returned from Italy after reaching there by way of the Libyan coast—were accepted and returned to their countries of origin.

Thousands of illegal immigrants were willingly returned home in the past period at their request, and financial aid was paid to them to help them quickly arrange their affairs when they reached their country. During 2005, the number of those returned was 35,627 individuals, and 12,364 illegal immigrants were deported after consulting with their country’s authorities.

The Libyan Jamahiriya is one of the countries directly affected by illegal immigration in that it carries consequences on the national economy, security, social infrastructure, and public health. The report released by the E.U. delegation after its visit to the Libyan Jamahiriya between 11/27 and 12/6/2004 confirmed that Libya hosts immigrants of all nationalities, as it is considered a destination country and a country of passage, and it illustrated its understanding of the Libyan Jamahiriya’s concern over the effects of illegal immigration.

The Libyan Jamahiriya remains among the pioneering countries in fighting discrimination in all its forms and causes, and one will not find any discriminatory practices against foreigners whatever their origin, language, religion, or any other reason.

For every person (citizen or foreigner), in accordance with the Great Green Charter for Human Rights and the Law on Enhancing Freedom, the right to a fair trial guarantees him the right to a defense by a lawyer of his choosing.

Bodily integrity is the right of every person and torture is among the prohibited acts in the Libyan Jamahiriya, punishable in accordance with the rulings of the penal code.

The Libyan Jamahiriya is a refuge for the persecuted and oppressed for the sake of freedom, and enforced legislation prohibits handing over refugees for protection to any party.

Mistreatment During Arrest, Detention and Deportation

The report claims that migrants and refugees are subject to violations during their arrest, detention, and deportation, that these operations occur at random, and that people are deported to countries where they face dangers of prosecution without being given any chance to obtain or seek international protection. The report also claims that the detention facilities suffer from overcrowding, malnourishment, lack of hygiene and healthcare.

The GPC for Foreign Liaison and International Cooperation asserts that a large number of foreigners enter the country illegally and, in many instances, they deliberately conceal or destroy documents that indicate their profession. Some of these persons do not have any documentation, making it difficult for the specialized branch to deport them.

The case of illegal entry or arrival without valid documents creates a threat to public security in any country, and the appropriate mechanisms must act in such a way to limit the dangers posed by these cases. The investigations carried out by the specialized branches with regards to many of the foreigners in the case of the aforementioned illegality have proven their involvement in serious crimes.  Some of them have criminal records in their own country and during their stay in the Libyan Jamahiriya they created gangs for organized crime with the help of some citizens who are experts in crime to commit crimes such as: obtaining and trafficking drugs, counterfeiting currency and documents, burglary and theft.

The steps taken by the specialized branches to eliminate the aforementioned illegal activities occur within the law. Law 6/1987 and its amendment by law 2/2004 on the Entry, Residence and Exit of Foreign Nationals enables the specialized branches to arrest a foreigner who enters the country—or is found in it—illegally, and to detain him in a place designated for that purpose to take legal action against him.

The Great Green Charter for Human Rights in the Jamahiriyan Era and the Law on Enhancing Freedom guarantees the right to bodily integrity, and that one is not to be treated harshly or humiliated or to have his human dignity impinged. The law also prohibits a public sector employee from using violence against persons.  Article 431 of the penal code punishes an employee who uses violence against people with imprisonment and a fine, which can reach up to 10 years in the case of torture in accordance with article 435 of the penal code. Some individuals in the police overindulge in the use of force to overcome resistance by an arrested individual, just as some use their authority inappropriately, but the failings in these cases are nothing more than the isolated acts of individuals unrelated to methodology.  This is rejected and cannot receive support from any party. Previously, the details of such overuse of force and inappropriate use of authority against arrested foreigners by some of the members of the police force were recorded and legal action was taken. No matter what, the level of bodily harm could never reach the point of death, critical condition or gross bodily harm, rape, or violation of physical integrity. What the report states in particular is nothing more than a repetition of statements provide [to HRW] by people who feel depressed because their path of migration to countries they perceive to be heaven has been blocked. Relying on such statements without investigating them and supporting them with evidence violates the organization’s stated methodology to present realities that are supported by documentation and evidence.

With regards to the claims about overcrowding in the deportation centers and malnourishment, and the views related to cleanliness and public health, the deportation of many of the illegal migrants takes a very long time, and the deportation process last so long sometimes due to the lack of a quick response by the relevant embassies and consulates of the migrants to be deported. That puts pressure on the deportation centers, which explains the overcrowding phenomenon, despite the fact that this problem is the least serious by far after major improvements to the deportation centers were introduced. It is difficult to find a quick solution to the question of overcrowding due to the large numbers of illegal migrants who enter the Libyan Jamahiriya. In the scope of the cooperation agreement on fighting organized crime, the illegal drug and contraband trade, and illegal immigration, signed on 12/18/2000 between the Libyan Jamahiriya and Italy, three new deportation centers were established. With regards to the problems relating to the claims of lack of adequate food, cleanliness, and public health, the branch responsible for supervision of the deportation centers undertakes efforts to ensure that the centers meet appropriate food requirements and an environment of cleanliness and health.

The GPC for Foreign Liaison and International Cooperation asserts that the consequences of illegal immigration require a large amount of funds not within the Libyan Jamahiriya’s capability, as well as radical solutions to illegal immigration in terms of developing locations for deportation facilities and achieving security and stability.

The report’s claims that the deportation of illegal immigrants and those found in Libya involves illegally transporting them to border regions are incorrect. Deportations to other countries occur by air or land, and are coordinated with embassies and consulates. During 2005, deportation operations cost 3,678,756 dinars.

Regarding the claim that asylum seekers are detained and deported, the GPC for Foreign Liaison and International Cooperation asserts that the Libyan Jamahiriya is not party to the 1951 Geneva Convention on Refugees and its appended protocol but that, in accordance with domestic legislation—in the first place, the Great Green Charter for Human Rights in the Jamahiriyan Era and the Law on Enhancing Freedom—Libya provides a haven for those struggling for freedom and the law prohibits the transfer of refugees to any other party for their protection. The GPC for Foreign Liaison and International Cooperation clarifies that the report greatly confuses illegal migrants whose goal is to stay or migrate to other countries with those who enter the country legally and declare their intent to stay, requesting freedom for which Libya will accept them as guests. As for those deported, they are the ones who either entered the country illegally or legally entered but were caught trying to sneak away to other countries, and they were turned away only after the appropriate legal steps were taken against them.

The GPC for Foreign Liaison and International Cooperation asserts that Libya would not turn a person over to a country or turn him away at a time when there exists evidence that he may be exposed to torture or that he would not receive fair judgment in the country to which he would be deported, based on domestic law and the agreements that Libya has signed, among them the Convention Against Torture. On that basis, the agreements with other countries which the Libyan Jamahiriya has signed, under which migrants are transferred, does not allowing transfer in the case of political crimes.

With regards to the report’s claims that arrests occur arbitrarily, it is incorrect in that these operations occur in an organized fashion.  They involve discussion with the authority responsible for the legal procedures that deal with the crime of illegal entry or stay and the crime of smuggling migrants in order to protect personal dignity and legal rights, to support legal procedures followed in the past, and to commence training for members of that authority to raise their standards and ensure that employee practices adhere to national and international human rights standards.

In relation to the claim accusing some members of the police of accepting bribes from illegal migrants to release them, bribery is among those criminal acts punishable under law 2/1979 on economic crimes and.  In the case of an employee or police officer committing this crime, he is subject to judgment for an appropriate punishment, and it is assured that the specialized branches will undertake a legal proceeding for any specific case that is reported.

The Absence of any Laws or Regulations to Govern the Asylum Process

The GPC for Foreign Liaison and International Cooperation asserts that the legal organization for asylum is the concern of many different parties, and these parties work to issue laws that organize the question of asylum and the determination of asylum status, rights and obligations. It is hoped that the efforts of these parties lead to producing a law in the Basic People’s Congress—the body authorized to issue laws in the Great Jamahiriya—governing asylum.

It also renews the assertion that the Libyan Jamahiriya is committed to its obligations in national legislation to prohibit the transfer of political refugees more so than its international obligations enshrined in CAT and other agreements to prevent cruel, degrading, and inhumane treatment, and the African Union convention that regulates the phenomena specific to refugee problems in Africa.

With regards to the claims about the High Commissioner for Refugees, there is no UNHCR office in the Libyan Jamahiriya but a representative was appointed in 2001 as part of UNDP and he came to solve problems with some Somali refugees who were rejected from other countries. UNHCR offered a memorandum of understanding to open an office which is a topic of importance and study for the involved parties. The Libyan Jamahiriya signed a cooperation agreement with the International Organization for Migration on 8/9/2005 and the general director will visit the Libyan Jamahiriya on 4/25/2006 to open an office for the organization and to conduct discussions with officials.

Other Mistreatment of Migrants and Refugees

The report claims that there is discrimination against foreigners.

The GPC for Foreign Liaison and International Cooperation asserts that there is no discrimination in the Libyan Jamahiriya on the basis of race, origin, color, religion, language, class, or any other reason produced as an explanation for the occurrence of a discrimination phenomenon. The Libyan Jamahiriya was and remains prominent in its role in fighting discrimination as witnessed by the entire world, and clarifies that the problems occur between foreigners themselves and citizens themselves and are not born of any discriminatory practices.

In relation to what are referred to as the Zawiyya incidents, the reason for such incidents is that a number of illegal immigrants stepped forward to commit crimes of armed robbery, rape, robbery and other crimes, a case in point recorded under 368/2000, in which judgments against the accused resulted in convictions with different punishments.  The number of dead in the incidents was 7 Libyans and foreigners, not 51 people as presented in the report, thus confirming the information’s lack of accuracy, which rebuffs the organization and the lack of credibility of its sources.

The General People’s Committee for Foreign Liaison and International Cooperation asserts that the foreigner is on equal ground with the citizen for the right to achieve justice, as well as the right to a trial in which there are the basic elements and guarantees for fair trial.  In accordance with national and international standards, the most important right to a defense is guaranteed to all so that each individual has the right to a lawyer of his choosing by his own free who will defend him in front of courts at his expense.  If he is unable to do so, the court will appoint a lawyer for him that he is content with free of charge to guarantee his sacred right to defend himself. He will be tried of illegally immigrating in front of the court according to the law.

With regards to what the report reiterates about the practice of alleged torture with bodily harm, each individual has rights under the Great Green Charter for Human Rights in the Jamahiriyan Era and the Law on Enhancing Freedom, which assert that torture is prohibited and is punishable by imprisonment for up to ten years according to the penal code.  Confessions extracted by bodily or psychological harm have no legal power in terms of evidence in court, and every defendant has the right to state in front of the judicial investigative authority or court that his confession was extracted by force. In this case, the two authorities are obliged to investigate this issue in all aspects including the forensic medical report.  In the event that they prove that the confession was taken by force, the confession will be annulled and will have no legal validity and the official who took the confession will be subject to punishment of up to ten years in prison. And the members of the police force who have been taken to the criminal court or the review board because of accusations of acts of torture, have been tried and given criminal punishment in addition to the punishment of the review board, which has reached up to termination of their jobs. It is also worth mentioning that not all claims of torture are true; in some cases those claims were made in order to escape judgment.

The General People’s Committee for Foreign Liaison and International Cooperation asserts that the law determines the period of detention prior to the transfer to the judicial investigative authority allowed to legal mechanisms. In the event that this period is surpassed, this will lead to the annulment of all the proceedings taken against the accused before the illegal detention, in addition to the prosecution of officials for the illegal detention. Nevertheless, the time of the detention that takes place with the knowledge of the judicial investigative authority is clearly defined, and it cannot surpass this period of time. However, if the authority finds it important to extend the detention of the accused in order to continue the investigation, the authority must present its case to extend this period to the court. The legal procedures of the criminal investigation will handle the issue of the extension of the detention period.

And in regards to translation, Article 22 of the Law on the Organization of the Judiciary states that the court will listen to the testimony of opposing parties or witnesses who do not have knowledge of the Arabic language by means of a qualified interpreter. According to this article, it is not possible from any legal point of view to investigate or try anyone in the absence of an interpreter if he does not speak Arabic.

Anything that the report states regarding so called illegalities is nothing but unsubstantiated talk or inconclusive assumptions, and the organization does not provide any proof or specific cases by name or date when these illegalities occurred. Based on that, the organization did not stand by its commitment to present facts and information supported by evidence.

The General People’s Committee for Foreign Liaison and International Cooperation emphasizes the role of the Libyan Jamahiriya in applying the commitment for the campaign against illegal immigration according to bilateral and international agreements in a time when a great number of illegal immigrants are passing through its vast borders. By the same token, it applies its commitment to humanitarian issues. This issue costs tremendous expenses that no country can bare by itself, thus calling for the importance to find a basic and comprehensive solution to illegal immigration with global cooperation.