As part of the Arab Center for the Independence of the Judiciary and the Legal Profession’s (ACIJLP) following of the case of the Egyptian nationals sentenced to death in Libya, ACIJLP director Nasser Amin has been conducting a large number of visits and meetings in Libya since 22 June 2008 in order to examine ways of stopping the implementation of the death sentences handed down to the Egyptian men in Libya.

Amin has held meetings with Libyan civil society groups, in particular the Human Rights Association of the Gaddafi Development Foundation, with the aim of coordinating efforts on stopping the implementation of the death penalty in certain cases.

During the meetings developments in the situation regarding the non-implementation of the death sentences in some of the cases were discussed. Reconciliation between  the condemned men and the Libyan relatives of the victims has been realised in five cases, and the implementation of the death sentences in these cases must be stopped urgently, and the men released. It was agreed that these cases would be presented to the Libyan attorney general so that the measures he regards as appropriate may be taken.

ACIJLP, in coordination with the groups concerned in Libya, studied each case individually and examined legal means of stopping the implementation of the death sentences either through appeals presented to the Libyan Supreme Court or through moving forward in the negotiations and reconciliation process with the Libyan relatives of the victims.

ACIJLP has been monitoring the case of the Egyptians condemned to death since 2006, and has undertaken many meetings, and been in constant communication with, officials concerned from the Libyan and Egyptian Foreign Ministries. It has also urged the Libyan and Egyptian Presidents to intervene, and the carrying out of the death sentences has been delayed several times.

ACIJLP is cooperating with Libyan civil society groups who are expending laudable efforts, in particular the Gaddafi Development Foundation, the Libyan Human Rights Association and the Dr Aisha El-Gaddafi Human Rights Committee.

The Libyan authorities today, 22^nd January 2008, carried out a death sentence handed down against Egyptian national Imad Abdel Wahed in the Hadida prison, Tripoli.

In 1999 Imad was accused of aiding Libyan Fathy el-Faytory in the murder of another Libyan national, Mohamed Ramadan el-Bahleel. The two men were convicted on 2^nd July 1999.

Since that time, and in cooperation with Libyan civil society organisations and the Egyptian and Libyan authorities – and in particular the Ministry of Foreign Affairs – the Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) has tried to persuade the victim’s family to engage in negotiations and reconciliation in order to stop the implementation of the death sentence and reduce the punishment to life imprisonment, in accordance with Libyan legislation.

The implementation of the sentence had been postponed more than once. The victim’s relatives were not persuaded to reconcile with Imad, while at the same time showing signs that they would be prepared to reconcile with his Libyan accomplice.

Twenty-six Egyptians are currently awaiting the implementation of death sentences in Libyan prisons.

ACIJLP fears that the implementation of this sentence against Imad marks the beginning of the carrying out of death sentences against other Egyptian nationals.

ACIJLP calls on the Egyptian government and the Egyptian Ministry of Foreign Affairs to intensify their efforts to reach a solution in order to save the lives of the imprisoned Egyptians – particularly in light of the Libyan President’s announcement that the death penalty will be abolished.

ACIJLP urges international human rights organisations and international organisations which work for the abolition of the death penalty to lobby the authorities concerned in order that they take the necessary steps to stop the implementation of the death sentences against the imprisoned Egyptians. This will mark a step towards the abolition of a punishment which is clearly at odds with international instruments protecting the right to life – a right which cannot be derogated from in any circumstances.

ACIJLP equally urges Arab governments and parliaments to re-examine the inclusion of the death penalty as a punishment in Arab penal codes.

ACIJLP is extremely saddened by the implementation of the death sentence against Imad Abdel Wahed, and hopes that this will be the last execution of an Egyptian prisoner in Libya.

The Arab Centre for Independence of Judiciary and Legal Profession urges Mr. President Muammar Gaddafi, President of Libya, to take a prompt action in order to pardon the Egyptian citizen and to stop the implementation of the death penalty against him; Emad Abdel-Wahid is imprisoned in the Libyan prisons and he sentenced to death.

The sentence is scheduled to be executed on Emad Abdel Wahid Mohamed Ali tomorrow, Tuesday, January 22^nd, 2008, at 10 am.   

Worth mentioning that Imad Abdel Wahid Mohamed Ali was arrested on charges of involvement in the murder of Libyan citizen Mohammed Ramadan Albahlil with the participation of the Libyan citizen Fathi Alvittori in 1999, and he was sentenced to death, and the execution postponed twice before.

The Centre is afraid that the execution of death sentence will be applied on Imad Abdul Wahid while his Libyan partner will be pardoned, especially as this violates Article II of the mentioned Act, in which partners in the same crime benefit of the waiver if the conciliation has been done with one of the partners.

The Center addresses Mr. President Muammar Gaddafi to intervene directly in order to stop the implementation of this sentence, and it demands the Libyan leader to activate article 6 / 4 of the International Covenant on Civil and Political Rights which states that “Any person sentenced to death has the right to seek pardon or commutation of sentence. Pardon, general amnesty or commutation of the death penalty could be granted in all cases.”

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) urges the Libyan authorities to annul the procedures taken by the Libyan prison authorities to hold the Egyptians condemned to death in isolation, deny them contact with the outside world, place them in solitary confinement and deny them contact with their lawyers and relatives. The condemned men, who are being held in Benghazi’s Kofaya Prison, began a hunger strike on the 8^th January 2008 in an attempt to stop the implementation of this decision by the Libyan authorities.

ACIJLP fears that this decision was taken in response to a segment of a television programme in which one of the condemned men described the problems connected with their case – some of the men have had their sentences reduced and have won the right to be released but remain in detention despite this.

ACIJLP urges the Libyan authorities concerned to annul the decision to isolate the Egyptians imprisoned in Libya and deny them contact with the outside world. The Libyan authorities must abide by its international obligations under associated international treaties, in particular articles 11 and 14 of the International Covenant on Civil and Political Rights which Libya ratified on 15^th May 1970, and the Standard Minimum Rules for the Treatment of Prisoners approved by two decisions of the Economic and Social Committee on 31^st July 1957 and 13^th May 1977.

ACIJLP believes that this decision represents one of the most serious obstacles to negotiation, reconciliation and dialogue between their legal representatives.

ACIJLP urges the Libyan authorities to annul the decision to isolate the Egyptians and deny them contact with the outside world. It urges the Egyptian Foreign Ministry to intervene immediately with the Libyan authorities and consolidate its efforts to end the Egyptian prisoners in Libya crisis.

Within the frame of the center’s follow up  of the Egyptian citizens crisis in Libya, who convicted in criminal crimes, the center sent a letter to both of His Excellency the president of Egypt and His Excellency the president of Libya, calling upon there excellencies to interfere to stop the execution penalty against 24 Egyptian citizens, twelve of them will be executed during the next week.

The letters included urgent request for the both presidents to interfere to stop the execution penalty, until the end of the conciliation procedures between the convicted persons and the families of the victims, which is permitted by the provisions of the Libyan law.

The letters also clarified that some Libyan civil society institutions expressed there full readiness to lend a helping hand the Egyptian convicted persons and to assist them in baying the blood money for the families of the victims and making conciliation with them. In addition to that they will send them to Egypt, provided that will be a party from the Egyptian Embassy in Libya to coordinate with these institutions, but the Egyptian Embassy didn’t take the needed procedures.

Furthermore the two letters noted that there are ongoing procedures in the present moment to look for the victims’ families and to make conciliation with them according to the provisions of the Libyan law, but this will take some time. For these reasons the center directed its letters to the Presidents in order to interfere personally to stop the up mentioned judgments.

The Arab Center for the Independence of the Judiciary and the Legal Profession (ACIJLP) is following with extreme concern implementation of death sentences handed down by the Libyan judiciary against four Egyptians. The sentences were carried out by firing squad after the men were found guilty of criminal charges, despite the Libyan President’s demand for the abolition of the death penalty.

The death sentences were carried out following verdicts handed down in 2004 against fifteen Egyptians. Implementation of the sentences was halted temporarily while the victims’ families were consulted as to what penalties they wished the guilty men to suffer. The families were in favour of the death penalty and refused reconciliation under Libyan penal code provisions.

Despite urgent appeals by ACIJLP and the condemned men’s families to the Egyptian government to exert efforts in order to bring about reconciliation with the victims’ families and stop implementation of the death sentences, the Egyptian government did not take measures of any effect.

ACIJLP lays responsibility for lobbying the Libyan government to stop the implementation of this series of executions with the Egyptian government, and in particular the Ministry of Foreign Affairs.

ACIJLP has strong doubts that these sentences were handed down after trails which lacked guarantees of a fair and just trial. The Libyan judicial system is in need of fundamental reform in order to ensure basic opportunities for a defence and appeal of verdicts according to established fair trial standards.

ACIJLP is of the opinion that the application of such a serious punishment in the absence of guarantees of a fair and just trial and without the intervention of the Egyptian government constitute a misuse of the death penalty and a threat to the right to life. It urges the Libyan President to personally intervene in order to stop these violations of the right to life and spare the blood of these Egyptian workers in Libya.

ACIJLP equally urges the Libyan Association for Human Rights, headed by Seif al Islam al Qaddafi to immediately intervene in order to put an end to such sentences which are becoming a regular occurrence. ACIJLP asks international and regional bodies and the United Nations Human Rights Commission to lobby the Libyan authorities immediately in order to stop implementation of the death sentences against the Egyptians.