ACIJLP would like to express its welcome to the amnesty decree issued by the Libyan President for several prisoners including 47 Egyptian prisoners in commemoration of the 40^th Anniversary of the Great Al Fateh Revolution.

ACIJLP would like to seize this opportunity to call upon the Government of Egypt to release some Libyans in Egypt’s prisons awaiting sentences in criminal cases, namely:

• Oun Adam Al Ghamary Mokhtar
• Muhammed Masoud Aly
• Ramadan Khamis Attia
• Nassif Mom’en Muhammed
• Abdel Qader Shamkh Attia

Moreover, ACIJLP Highly appreciates the decree of the Libyan President to replace the death penalty with imprisonment penalty for those who are sentenced to death as embodiment to the instructions of the Libyan President regarding death penalty.

ACIJLP hopes that the Arab regimes would take positive steps to abolish the death penalty.

Commemorating the 40^th anniversary of the Great El Fateh Revolution (September 1^st, 1969) and seizing the opportunity that Libya issues pardons for many prisoners in this occasion, ACIJLP hopes that this year will witness a pardon from H.E. President of Libya to the largest number possible of Egyptian prisoners in the Libyan prisons who are sentenced to life imprisonment.

In the same context, ACIJLP calls upon the Libyan President to personally intervene to release a number of Egyptians who have been sentenced to death in criminal offenses.

It’s worth mentioning that the said Egyptian have concluded the reconciliation measures with the families of the murdered Libyans in accordance with the applicable Libyan procedures under support form Libyan civil society institutions that have closelt cooperated with ACIJLP in such sincere efforts, namely: Gaddafi international charity and development foundation – Waatasemu Charity Association.

Despite the fact that the said Egyptians reached reconciliation with the families of the murdered in accordance with Libyan Law on Reconciliation And Blood Money No. 6 of 1423 H, yet they are still in prison for more than three years now, namely: (Samy Fathy Abd Rabuh – Abdel Halim El Sayed Abdel Halim – Farahat Abdo Faarhat – Adel Abdel Azim Omar – Muhammed Omar Ibrahim)

ACIJLP appeals to the Libyan President to issue pardon to the Egyptian sentenced to death, including: Adel Kamal Abdel Mawla – Mahmoud Nagat Abdel Maougod Muhammed – Tariq Muhammed Abdo – Ahmed Ramadan Muhammed – Ahmed Mahrous Ahemd – Ala Muhammed Salim – Ihab Wagdy Mashraqi – Samir Mokhtar Abdullah – Naguib Abdel Ghany Hussein – Hussein Mahmoud Hassan – Shaher Nagdi El Shafie’ – Muhammed El Rahman El Shafie’ – Farouq Abdel Rahman Muhammed – Hamada Shahin Muhammed – Adel Ramadan Ahmed – Sultan Muhammed Abu Talib – Aly Muhammed Abu Talib – Hamed Eid Abdel Alim – Abdel Azim El Sayed – Hammad Abdullah Masou’d – Mustafa Ibrahim El Snousy – Adel Ragab Muhammed.

ACIJLP indicates that the majority of those Egyptian have gotten initial approvals to conduct reconciliation efforts and therefore their death sentences are suspended as they have paid the blood money and waiting the conclusion of the judicial measures.

Extending its deep congratulation to the Libya, President and People, ACIJLP would like to praise the directions of H.E. the Libyan President to abolish the death penalty and place other alternative penalties.

The center has many concerns about the rest of the Egyptians detained in the Libyan prisons waiting for the implementation of the execution sentence they are 27 Egyptians. In particular the role played by the concerned Egyptian authorities, especially the Egyptian Foreign Ministry, is not commensurate with the danger that threatens the lives of the Egyptians sentenced to death in Libya .

ACIJLP appeals the Libyan government to release the Egyptians who have completed their procedures for reconciliation and payment of blood money, and have not been released, although the provisions of the Libyan law of reconciliation and blood money No. 6 of 1423 require the release of those convicts who are:

1. Sami Fathi Abed Rabbo.
2. Hussein Elsayed Darwish.
3. Farhat Abdo Farhat.
4. Mohammed Omar Ibrahim El Gazoy.
5. Adel Abdel-Azim El Gazoy.
6. Ehab Wagdi Mesherqi

ACIJLP calls upon H.E. the President Muammar Gaddafi’s to interfere directly to release those convicted persons’ especially as this release is consistent with H.E directions on the abolition of the death penalty, which is consistent with the text of Article 6-4 of the International Covenant on Civil and Political Rights, which states that ” 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.”

The Center calls upon the Libyan civil society institutions in particular (WaEatasemo Charity Association and the Libyan Human Rights Society of the Gaddafi Development Foundation) to seek the Libyan authorities and concerned bodies for the release of the Egyptians who have completed their procedures for the reconciliation and compromise.

ACIJLP welcomes the Libyan decision issued in August 4^th, 2009 on suspending the execution sentences against 30 sentenced people of different nationalities in criminal cases including two Egyptians, namely: Higazy Ahmed Zidan and Ehab Maged Mohamed Hamed.

It’s worth mentioning that ACIJLP sent yesterday a prompt call to H.E. President of Libya to personally involve to suspend the death sentences duly to be executed in August 4^th, 2009. The same call has been also sent to the General Prosecutor of Libya.

ACIJLP sees that such decisions goes in consistency with the genuine efforts exerted by H.E. President of Libya regarding abolishing the death penalty and use some other alternatives through his wise directions and the approval of the Libyan Judiciary Council in this regard, the matter that would put Libya among the advanced countries which prohibits such penalty being one of the cruel penalties.

ACIJLP would like to seize this opportunity and praise the effective role played by civil society institutions in Libya regarding the suspension of death sentences and use of other alternatives, the matter that would positively affect the sentenced Egyptians, in addition to the genuine efforts exerted in the reconciliation and negotiation course by (Gaddafi international charity and development foundation – Waatasemu Charity Association).

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.