The Arab Center for the Independence of the Judiciary and the Legal Profession, expresses its strong dissatisfaction that the Libyan authorities executed the Egyptian citizens Fadl Ismail Htitah on Tuesday, 7-28-2009, pursuant to the issuance of a death sentence against him by the Libyan judiciary

It should be noted that the citizen in question was executed after the Benghazi prison authorities isolated him and citizen Haitham El-Shahat Abd elqawi on 7-27-2009 in preparation for the implementation of the death penalty against them.

What aggravates the  center’s resentment, is that the execution of the citizen in question, despite he had a concession from the blood guardians of the victim and he paid the blood money, according to the Libyan law of conciliation and blood money, but the Libyan Attorney General has refused to invoke the conciliation document, on the basis that it had not been documented by the Egyptian Ministry of Foreign Affairs.

The center has many concerns is that the Egyptians convicted of death penalty haven’t been released yet, although they have reconciliation and compromise from the blood guardians  in accordance to the Libyan law of conciliation and blood money. Furthermore, the continued detention in the Libyan prisons for more than three years after their reconciliation and compromise and in spite of the continued Libyan authorities to release convicted in similar situations, like for example the release of a Sudanese and a Libyan on 17/2/2009. in addition another convicted had been released also on Monday, Feb 23, 2009, although he does not have a compromise.

Worth mentioning, that the Egyptians that were sentenced to death in Libya are 25 persons distributed in the Libyan prisons in Tripoli and Benghazi.  Six convicted persons obtained compromise from the relatives of the victims as they accepted the blood money,  they deserve immediate release by the force of law, namely: (Sami Fathi Abdel – Raboh – Hussein El sayed Darwish – Abdel-Halim El sayed  Abdel-Halim – Farhat Abdo Farhat – Adel Abdel-Azim Omar – Mohamed Omar Ibrahim)

While the sentences against 5 convicted persons  were suspended pending judicial appeals to the provisions of their right to the Libyan Supreme Court, while negotiations are currently done on 13 convicted persons, by an Egyptian-Libyan committee composed from Libyan civil society institutions and the Arab Center for the Independence of the Judiciary and the Legal Profession.

The Arab Center for the Independence of the Judiciary and the Legal Profession call upon the Libyan authorities to release the convicts who have completed their conciliation and compromise process immediately, and appealed to the Libyan authorities, to pardon the rest of the convicted persons to implement the directions of His Excellency the Libyan leader on the death penalty.

The center also appeals to His Excellency the President of Egypt, to intervene directly to the Libyan authorities on the release of the Egyptians, who had been sentenced to death, and then got on reconciliation and compromise by the guardians of blood, and who entitled in accordance with the provisions of Libyan law on retribution and blood money to be released immediately.

ACIJLP calls upon H.E. Mu’ammar al-Gaddafi, President of Republic of Libya to exert personal expedite intervention to the relevant Libyan Authorities to suspend the death sentence against Fadl Ismael Hatita and Haitham El Shahat Abdel Qawy, currently detained in Beni Ghazi Prison and isolated on July 27^th, 2009 in preparation for their execution.

It’s worth mentioning that Fadl Ismael Hatita – according to a statement by Egyptian Ministry of Foreign Affairs – has obtained a concession against blood money of L.E. 20.000 and such statement was sent to the Prosecutor General of Libya who refused to take into account.

Moreover, the negotiation and  reconciliation measures are conducted under the sponsorship of several Lybian institutions, such as (Gaddafi international charity and development foundation – Waatasemu Charity Association. – ACIJLP) and under the wise instructions of H.E. President Gaddafi on abolishing death penalty.

ACIJLP hopes that the death sentence will be postponed until the end of negotiation and reconciliation measures and until the sentenced to death benefit from the efforts of the aforesaid civil society institutions exerted in this regard.

Finally, ACIJLP calls upon H.E. the President to activate the provision No. 6/4 of the International Covenant on Civil and Political Rights (Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases).

Within the frame work of the Center’s follow-up to the file of the Egyptians sentenced to death in Libya, Mr. Nasser Amin – lawyer and director of the Arab Center for Independence of the judiciary and the legal profession – is conducting several meetings and visits to discuss ways to stop the death penalty issued by the Libyan judiciary against Egyptians on the Libyan territory. Mr. Amin is visiting the Libyan Arab Jamahiriya, starting from October 14^th 2008, 

Meetings are scheduled to be held with some of the Libyan civil society institutions, particularly the Human Rights Association of the Kadhafi Foundation for Development, in order to coordinate efforts to resolve some cases requiring a suspension of sentence.

This is the second visit of its kind made by the center to discuss ways to stop the death penalty issued by the Libyan judiciary against Egyptians. The first visit, which took place in June of 2008, discussed ways to stop the execution of the death penalty against some Egyptians who reconciled with the victims’ relatives- they are five Egyptians. The deemed the necessary to stop the sentence against them and to release them. It was agreed to present the above-mentioned cases before the Libyan public prosecutor to take the need procedures.

The Center and the concerned parties in Libya are examining each case separately and considering the legal means to stop the execution of this punishment either by following-up the appeals filed before the Libya’s Supreme Court or by progress in the negotiation and reconciliation with the victims’ families.

In this visit  the Center is following the reached steps and trying to overcome the legal obstacles and procedures for the release of Egyptians who have finished the negotiation and reconciliation for them, as well as discussing  ways to stop the death penalty against the rest of the sentenced Egyptians.

Worth mentioning that the Center is following the file of the Egyptians sentenced to death in Libya since 2006. It made many interviews and contacts with the concerned Libyan and Egyptian Ministries of Foreign Affairs, and presented appeals of intervene to each of the Egyptian and Libyan presidents, and the sentences was postponed for several times.

The Arab Center for the independence of the judiciary and the legal profession is cooperating in this file with Libyan civil society institutions that exert many commendable efforts in this context particularly the Kadhafi Foundation for Development, the Libyan Association for Human Rights and Dr Aisha Kadhafi Commission for human rights.

On the anniversary of the 1^st September revolution the Libyan authorities have released 128 Egyptians imprisoned in Libyan prisons. The Libyan authorities release and pardon a number of prisoners, both Libyan and other nationalities each year on the occasion of the revolution.

Thirty Egyptian prisoners were released at the beginning of this year pursuant to the decision of the Revolutionary Command Council to release 772 Libyans, Arabs and foreigners convicted of various criminal crimes and who had served half their sentences.

On the occasion of the anniversary of the revolution, the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) has sent a letter to the Libyan prosecutor general and head of the Libyan judicial police body urging the release of Egyptians sentenced to death or life imprisonment and who are currently imprisoned in Libya prisons. 

In its letter, ACIJLP mentioned eight Egyptians who had engaged in reconciliation measures with according to the Libyan Reconcilation and Deyya Law. They are, Abdel Halim El-Sayyed Abdel Halim Moussa, Hussein El-Sayyed Darwish, Farahat Abdo Farahat, Samy Fathy Abd Rabbo, Adel Abdel Azim Omar Mohamed El-Gazawy, Mohamed Omar Ibrahim Abd Rabbo El-Gazawy, Ihab Magdy Meshraqy Rafael and Fadl Ismail Hateeta. Release orders for these men is in line with the Libyan judicial verdicts and legislation applicable in this matter.

ACIJLP also pointed out that pardons for those condemned to death is in line with the Libyan president’s directives on the abolishment of the death penalty and its replacement with alternative punishments.

Within the context of continues efforts made by the Arab Center for the Independence of the Judiciary and the Legal Profession to release of Egyptians convicted by the Libyan judiciary with penalties ranging from death to life imprisonment, who are existing now in the Libyan prisons, the Center extended an appeal letter to the Libyan judicial police for the release of the Egyptian convicts On the occasion of the 39^th Great El-Fateh Revolution Anniversary, in which several amnesties are issued for prisoners and convicts in the Libyan prisons.

The Centre indicated, in his letter to Libyan judicial police department, that there are nearly eight Egyptians convicted persons who had made reconciliation procedures with the victims’ relatives, according to the Libyan reconciliation law, which make the decisions released consistent with Libyan legislations and laws in force in this regard .

It also pointed out that the pardon decisions of those persons convicted to death penalty, are in accordance with the directions of the Libyan leader to abolish the death penalty and to replace alternative penalties.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJP) have reached a joint provisional agreement with the Libyan judicial authorities concerned with the case of the Egyptians sentenced to death. Steps will be taken by both sides in order to solve the crisis of the Egyptians sentenced to death who are currently imprisoned in Libya.

This agreement was reached through meetings and discussions held from 22^nd – 27^th June 2008 between ACIJLP director Nasser Amin and Lieutenant Belqasim Qarqoum, head of the Judicial Police Body of the Popular General Committee for Justice, and Mohamed Tarneesh, the executive director of the Gaddafi Development Foundation’s Human Rights Association.

It is envisaged that these steps, once completed, will lead to the release of five Egyptians sentenced to death, in accordance with the Libyan Reconciliation and Compensation Law No. 6 of Hejri year 1423. It is also expected that these steps will lead to the reduction of the sentence from the death penalty to life imprisonment for the rest of the men sentenced to death under Libyan Law 48 of the year 1956 and the amendments made to it 2000.

In addition, important points of agreement were reached surrounding the crisis of the Egyptians sentenced to life imprisonment and who are currently being held in Libyan prisons.

These agreements were reached within the context of the joint cooperation between ACIJLP and the Libyan lawyers and judicial bodies concerned, and cooperation between Libyan civil society institutions, in particular the Gaddafi Development Foundation’s Human Rights Association and the E’tassemo Charitable Association.