Introduction September 1st, 1969 is considered a new start in Libya's history when the Libyan army's Unionist Free Officers, led by first lieutenant Moammar al-Qaddafi, took over power after forces from the army succeeded in overthrowing the king. The king's representative Hassan Reda, heir to the throne, hastened to give up the throne while King Idriss I was on a recreational trip to Turkey and Greece. Qaddafi then made his movement's first statement to the Libyan people.
Libya had been suffering from long years of colonization after the Ottoman empire handed it over to Italy in 1912 by virtue of the Ushi agreement. The Italain occupation continued till 1932 and was faced with resistance and jihad.
After the end of World War II in 1945, victorious nations divided the world among themselves, and Libya fell under British and French rule where ther former ruled Tripoli and Serna??? and the French ruled the area of Fazzan. In 1949 a United Nations resolution declared Libya's independence and ordered the formation of an international committee to supervise enforcement within a maximum period of two years until 24 December 1951. Libya became a unionist kingdom and was handed over to King Mohamed Idriss al-Senoussi.
Senoussi sought to sign agreements with foreign countries, including Britain, where the latter was granted broad power and control over some Libyan areas. The Libyan people were not satisfied with these agreements which they considered a return of fthe oreign control they had fought long to get rid of. In January 1964 Libya was overtaken by demonstrations objecting to the king's policies. After announcing giving up power, the king changed his mind. Tensions and repeated demonstrations continued until the revolution which changed Libya's name to the Arab Republic of Libya. (1(
Following the revolution, it took Libya's new regime seven years, until early 1977, to develop. This year witnessed fundamental changes that pushed toward a new, different regime . Government institutions with their traditional bureaucratic frames were replaced by what was called "the people's authority" the declaration of which states that the political system is based on a direct people's authority exercised through people's conferences, committees, unions, syndicates and professional ties, as well as the people's general conference. (2(
The September 1st Revolution and Qaddafi's Taking Over Power
The Libyan army's Free Unionist Officers' Movement, led by the then first lieutenant Moammar Qaddafi, took over power on September 1st, 1969. Qaddafi evacuated American and British bases. His attempts to achieve Arab union failed, whether what was called the Union of Arab Republics with Egypt and Syria, or the union with Egypt and Tunisia.
Qaddafi became the country's leader. Without an official title, he is sometimes described as the Brother and Leader, and other times as the Leader of the Revolution. Qaddafi controls all the main aspects of the country's political and economic life. (3(
The revolution tried to give it rules an Islamic character to avoid alienating the people's religious sentiments instilled during the Senoussi era. Qaddafi's government issued a law that prohibits alcohol and sought to enforce Zakat (alms giving) and Qaddafi declared his Islamic tendency. The revolution introduced a new oil policy to end foreign monopoly of national wealth. Qaddafi nationalized the British Petroleum Company when Britian gave three Gulf Arab islands to Iran. He also withdrew Libya's large deposits from the range of the Sterling pound area on 6 April, 1973.
The People's Authority, Only in Appearance
According to the Green Book which Qaddafi wrote in 1957, he refused the idea of representation claiming that it erects a legal wall between the people and the exercise of authority as it is monopolized by the representatives. He presented the mechanism of people's conferences as a soltuion to the legislative representation aspect of democracy. Theoretically, the conferences represent a center of power and decision making as their decisions are taken to the People's General Conference which makes decisions. It is difficult to estimate the number of the People's General Conference members which range between hundreds and thousands at varying times. Many leaders took over the secretariat of the People's General Conference. However, since the eighties the secretariat's main authorities decreased and were given to the People's General Conference. On the practical side, the General Conference is ineffective because it convenes one week every year and its members don't have enough information or skills to perform their duties. However, conferences changed their decisions repeatedly when they weren't satisfactory to Qaddafi to the extent that the 1990 Conference changed its decision to reduce taxes when Qaddafi reacted: These are not the decisions of the Libyan people I know! (4(
Qaddafi and the Successive Post-Revolution Freedom- Restricting Laws
Libya is the first Arab country to prepare a historical legislative database. The Libyan Legislative Encyclopedia consists of 40 volumes that cover the period from the Italian occupation until the present time. Annexes are periodically added to the encyclopedia. This historical encyclopedia was a pioneering effort that supporited ruling regimes in some Arab countries, as was the case with the federal system in the United Arab Emrates derived from Libya's 1951-1963 federal experiment. (5)
Since taking over power, the Libyan regime, led by Moammar al- Qaddafi issued hundreds of laws in various areas, including laws directly related to public freedoms and the exercise of political, cultural and economic activities. The majority of the laws reflected the regime's interest in protecting itself by filling gaps and and closing the door in the face of any other opinion or power that may compete with its authority, thus finding legal justification to oppress and exclude others. These laws were not issued by the Legislative, but rather the Executive Authority represented in the Revolutionary Leadership Council. The laws were used against Libyans to deprive them of their legitimate fundamental rights. The repeal of the 1951 Constitution which established and embodied the state's Constitutional legitimacy was Qaddafi's first step to tighten his grip on the state. This was followed by supporting laws that undermined democracy and freedom. (6)
The mentioned laws include: Law 45 of 1972 which prohibits strikes, sit-ins and demonstrations Law 71 of 1972 rendering political parties criminal. An article of this law considers the exercise of political party activities as treason, represented by the saying: "Those who belong to political parties commit treason!" Articles 3 and 4 prescribe a penalty of death or no less than 10 years' imprisonment for anyone who calls for establishing any prohibited gathering, organization or formation. The Revolution Protection Law issued on 11 December 1969, article 1 of which states that anyone bearing arms in the face of the 1st September republican regime or joining an armed gang for the same purpose shall be executed. The Revolutionairy Legitimacy Document issued on 9 March 1990, further suppressing freedoms, violating human rights and granting the regime's leader immunity against any legal accountability.
Among the revolution leader's obligatory instructions, according to an article by Sharef al-Gharyani, Secretary General of the Libyan Union for Human Rights Defenders, is an instruction that says: "We execute even innocent people with the aim of terrorizing real culprits who may not be known at the moment. The locations of those who wish to defy the revolution shall be attacked and destroyed inside Libya, even if in a mosque. If the location is external we have to move to its location and attack and execute the perpetrators." (7(
This law, the Revolutionary Legitimacy Document called the "Code of Honor" was issued at a later stage of the revolution when the people's objection to the regime increased. It aimed to terrorize any opposing voices by enforcing collective penalties not only against those who commit actual acts that the regime consider against it, but also against their relatives, families, tribes and even close friends! Law 75 of 1973 nationalizing independent or people's newspapers and periodicals transferring their control completely to the state, including the Al-Balagh, Al-Ra'ed, Al- Horreya, al-Shura, al-Jihad, al-Ra'y, al-Midan and al-Haqiqa newspapers. Law 10 of 1993 concerning purging, which means amputating the limbs of those who oppose him. Law 52 of 1974 establishing the punishment for defamation, meaning subjecting those accused of defamation to 80 whip lashes. Law 5 of 1991 concerning the implementtation of the principles of the Major Green Document, derived from the Green Book, the introduction of which states that the Green Book is humanity's guide to final freedom from the rule of individuals, class, sect, tribe and party toward establishing a society where all are free and equal in authority, wealth and arms and a response to the the continuous incitement of the revolutionary Moamar al-Qaddafi, the maker of the era of the people (9), and other laws completely unrelated to contemporary humanity. Qaddafi's Authorities during the Revolutionization Stage Moammar al-Qaddafi occupied many positions that focused power into his hands alone since the start of the revolution until the end of the so- called revoluionalization stage in 1977. The mentioned positions include: Revlutionary Leadership Council President General Commander of Libya's Armed Forces (later Supreme Commande) Minister of Defense and Head of the National Security Council Head of the Supreme Judiciary Council Head of the Supreme Planning Council Head of the Supreme Council for National Guidance Head of the only political organization, the Arab Socialist Union, and it national conference. In addition to the above, Qaddafi was Prime Minister during the period from 13/09/1970 till 6 April 1972. (10) Civil and Political Freedoms Under Qaddafi's Rule
I: Freedom of the Media
The Press:
The brother, leader of the Libyan revolution presents his view of the press in the Media section of his immortal Green Book saying: "I personally testify that all free newspapers are ones that accept bribes and as such they are corrupt papers."
Thus, the inspiring leader's immortal words summarized the reality of the press!! But what about the press that we all know?!!
The history of the press in Libya dates back to 1827 when a number of European consuls established in Tripoli the African Explorer in French. This was followed by the first Arabic language newspaper under the name Tripoli of the West, established by Ottoman ruler Mahmoud Nadim Pasha. Despite the oppression that Libya witnessed under Ottoman rule, many newspapers and magazines were published. Article 2 of the Ottoman Publications Law issued in 1909 entitled "every person who is 21 years old to establish an independent daily or weekly newspaper." Libya also witnessed the introduction of private printing presses. With the Italian colonization in 1911 the press experienced a dark era as military authorities confiscated printing presses. Tripoli West newspaper was replaced by New Italy. After the end of the Italian colonization in 1943 and Libya's falling under British administration the press witnessed a new start on basis closer to the contemporary press. About 20 newspapers were published at that time due to the activities of political parties and powers. That was activity unparalleled in Libya's contemporary history. With independence in December 1951, although the governments of King Idriss al-Senoussi canceled political parties, the following figures reflect press activity. Fourteen daily and weekly newspapers, 13 monthly and fortnightly magazines, eight English language newspapers and three Italian newspapers were published. Independent newspapers represented 65% of the publications, compared to 35% government papers. In 1969, with the September revolution and the country's falling under the rule of the Revolution Leaders Council headed by Moammar al-Qaddafi, revolution officers started confiscating private newspapers and restricting papers published by unions and civil society institutions, while establishing newspapers of a directed revolutionary tendency. The press in Libya entered a newspaper revolutionizing and ideology stage. It was no longer allowed to establish private or independent newspapers. The first daily newspaper was published on 20/10/1969 under the name Al-Thawra (the Revolution). (11) This was followed by trying a number of Libyan journalists before the People's Court because of their writings contrary to the directions of the Libyan revolution. Tens of Libyan journalists were also detained among 700 intellectuals and writers in 1973. Libyan citizens were prevented from exercising their right to publish private newspapers. They were also prevented from writing and expressing their opinions which may not agree with the views of the then existing political regimes. Such writings were sufficient cause for detention, imprisonment and trial before courts that lacked the most basic criteria for fair trials. In 1973 and with the announcement of what is known as the Cultural Revolution, the People's Authority was declared in 1977, in addition to establishing the Revolutionary Committees Movement party although political parties were prohibited in Libya. The press scene had become more restricted and oppressive. (12(
Today Libya's press scene has reached a state of failure and deteriration on the level of laws and reality. Today there are only four main newspapers in Liyba, three of which (Al-Jamahiriya, Al- Shams and Al-Fajr al-Jadid) are affiliated with the Public Press Institution, while the fourth, Al-Zahf al-Akhdar, is affiliated with the Revolutionary Committees' Movement party, the only entity entitled to publish newspapers. Some believe that the circulation of the mentioned papers does not exceed 4,000 copies. The circulation of some papers has even dropped to 1,500 copies distributed obligatorily to government institution. The mission of these papers is to promote the ideas of the Green Book, the 1969 revolution and glorify Qaddafi whose person and ideas can not be criticized under any circumstances. It is also not possible to publish any ideas or views "that contradict with the revolution's principles and directions." Despite the massive development related to press freedom and the independence of the media sector in most countries, the press in Libya still suffers from complete state (political regime) control and the absence of any margin for press freedom, particularly with relation to important topics and issues directly related to exercising citizen rights, practices and composition of the authority and the political regime, and its legal and administrative violations in running public affairs, topics freely discussed in most countries worldwide in free newspapers, radio and television. However, in Libya these issues are still considered "red lines", prohibited for media and publication under the pretext of "protecting the revolution. Accordingly, the regime monopolizes all publication tools and decides which topics can be addressed and which to be prohibited. (13(
The Internet
Despite the absence of any legal framework that defines censorship and site blocking, Libyan authorities monitor opposition sites, completely destroying them in some cases. A Libyan activist said that all opposition sites are blocked inside Libya and can only be browsed through a proxy. Blocked sites include "Akhbar Libya" (Libya's News): http://www.akhbar-libya.com , Libya Watanona (Libya Our Homeland): http://www.libya- watanona.com and Libya al-Mostakbal (The Future Libya): http://www.libya- almostakbal.com. Those who try to browse these sites in an Internet cafe may be asked to leave or worse. Another citizen said that some sites were clearly blocked, such as opposition sites. He believed the sites were definitely blocked by the state and that security authorities had recently brought in a number of experts from Russia to tighten its grip on Internet browsing.
Despite the Libyan authorities' Internet monitoring and restrictions, the Internet has proven a definite success as an influential medium, particularly in the case of the Beni Ghazi demonstrations on 17/2/2006 which the Libyan authorities tried to impose an information blockade but the Internet broke the siege on information according to Libyan rights groups' statements. A statement mentioned that Libyan authorities closed down a number of Internet cafes and monitored others. Many Internet cafe customers were detained for interrogation for visiting "suspicious sites". Nevertheless, news about the incidents was leaked in emails from Libya and published by Libyan opposition sites. (14)
Television and Satellite Stations
There are no privately owned radio or telelvision stations in Libya. They are all under government control through the General Authority for the Great Jamahiriya Broadcast Services which prepare strict entertainment programs due to their success. Until recently the number of television and satellite channels in Libya was very limited, including Al-Jamahiriya, Libyan Satellite channel, Al-Monawaa, Al-Tawasol, Al-Hedaya, Libya's two sports channels and Al-Badeel channel. Tripoli enjoyed the majority of these channels.
Qaddafi's nationalizing the Al-Libiya al-Mostakela (Independent Libyan) channel and transforming it into a government channel under the direction of the Libyan Radio Authority chairman in April 2009 due to objection on a program prepared by famous Egyptian media figure Hamdy Kandeel which aired in March 2009 clearly demonstrates the ease with which Qaddafi takes decisions while claiming he doesn't control anything and that all matters are in the hands of revolutionary committees in Libya. (15)
Publishing and Books
The call on part of one of Qaddafi's sons, Saif al-Qaddafi, to cancel the traditional form of the Ministry of Information, considering that its presence means there is no freedom due to the censorship on publications and the press, was only a type of empty publicity to his institution Al-Ghad (Tomorrow) Institution, an affiliate of Qaddafi Institution which he heads. A few days later, on 13th May 2008, Ahmed Ibrahim, who represents the revolutionary tendency, while chairing the International Center for Green Book Studies and Research, after affirming that freedom of expression is a Western trick, said: "Democratic journalism is that mentioned in the Green Book, that issued by a People's Committee representing all of society's sectors." (16(
II: Peaceful Demonstrations and Gatherings
Peaceful demonstrations, sit-ins and strikes, as a form of collective expression on part of different people's, professional and student sectors were prohibited although this right was granted under the king as the fifties and sixties witnessed a number of worker peaceful demonstrations, protests and strikes. This completely stopped after the 1969 revolution under the pretext that all people's demands were or would be fulfilled by the leader of the September 1st revolution. Expressing political opinion and tendencies as before was then considered high treason. All demonstrations opposing the September 1st or Qaddafi's policies were prohibited. Only demonstrations supporting the revolution were allowed to beg for support. (17(
In 1972 Qaddafi gave an oral, then written order that was generalized to all government departments, institutions and companies in Libya to send employees and workers to protests and demonstrations organized by the authorities and punish those who refuse to participate. The same applied to various labor and professional unions, reaching in some cases the extent of paying sums of money to Libyan, Arab or foreign demonstrators. According to the Free Libya website forum, demonstrators representing various population and student sectors opposed to Qaddafi's regime and practices who demonstrated between 1972 and 1976 were subjected to the most brutal forms of oppression. Thousands were detained, imprisoned and tortured, some were killed or hanged in squares and others were exiled. Qaddafi did not hesitate in April 1984 to order Libyan demonstrators in front of his people's office in London shot. A British police woman was hit.
In February 2007 a number of intellectuals and political activists attempted to organize a peaceful sit-in in the Shohadaa (Martyrs) Square in Tripoli. Security authorities and revolutionary committees assaulted them and their families and accused them falsely. (18)
III: Incriminating the Right to Form Political Parties
Libya is among the countries that most prohibit the establishing of political parties. According to the People's General Conference document (the Legislative Authority), political parties are prohibited and anyone who practices party activities are considered traitors and agents who seek to hinder the country's renaissance and development. Nevertheless, a number of opposition political parties emerged, the most significant of which was the Muslim Group, the Libyan name of the Muslim Brotherhood. (19)
In an interview with Al-Jazeera in 2005, Muslim Brotherhood in Libya general supervisor Soliman Abdel-Qader said: "We now have brothers in prison. There are no brothers outside prison. They were all detained and are in prison." (20)
To demonstrate the situation for other political powers, such as the Left, in the introduction to declaring what he termed as the People's Revolution on 15/4/1973 Qaddafi said: "I shall not allow anyone to poison people's thoughts when they are incapable to taking the challenge. This happened in the university and on the street. Thus, I tell you that anyone we find talking about Communism, Marxist or atheist ideas shall be put in prison. I will order the Interior Minister to purge any group of these sick people. If we find any member of the Muslim Brotherhood or Islamic Hizbut-Tahrir practicing secret activites, we will cosnider them practicing destructive, anti-revolution activities and they shall be put in prison. There are people whom I know and whom I have forigven. However, we can not allow them anymore to poison the people's ideas. This means that there are people who should prepare themselves from now because I will put them in prison."
There is a famous incident that took place during Qaddafi's recent visit to Italy where he advised Italy to cancel all political parties saying: "It it were up to me I would have canceled all political parites and given the Italian people direct power. Then there would be no left, right or middle. The party system aborts democracy." (21)
Wasting Libya's Funds
According to Dr. Youssef Al-Maqreef, former head of the Accounting Department and Libya's ambassador to India in his article about Liyba's tragedy and Qaddafi's responsibility in 2002, the Libyan regime, following the revolution has spent no less than 40% of Libya's oil revenues on hoarding weapons and military expenses!! Abdel-Salam Jalloud, in a speech he gave in the city of Sert during what is known as the Loyalty Day on the 20th anniversary of the coup in early April 1989 said that the regime had spent since the coup 22% of Libya's oil revenues (about US$44 billion) on funding and supporting the international revolution movement. He added that Qaddafi was not happy to spend such a small amount on liberation movements. (22)
According to the same source, Qaddafi helped fund and support operations and movements in over 40 Arab, African, Asian and European countries and about 127 operations. (23)
This resulted in about 50 Arab, African, Asian, European and American countries cutting or freezing diplomatic relations with the regime of the brother ..... leader of the revolution. (24)
On 16 August 2009 the BBC quoted an article by David Blair in the Telegraph saying that: "During the sixties and seventies Qaddafi funded a number of terrorist groups, including the Irish Republican Army." The article added that a number of leaders whose hands were full of blood enjoyed Qaddafi's support, including Aidi Amin in Uganda and Charles Taylor in Liberia. (25)
The Main Benefit from the Green Book: Profiting and Getting Rich Quick
Qaddafi started writing the Green Book in 1975. Part I of the book was published on 3 January 1976. Part I talks about what he termed "the democracy problem the people's authority". Since then the sayings in this booklet have become the Libyan regime's political reference. The book consists of three chapters. Chapter 1 addresses the problems of politics and authority in society. Chapter 2 addresses the economic pillar and offers solutions to historical economic problems between employer and employee. Chapter 3 addresses the social pillar, including the family, mother and child, women and culture and the arts. (26)
The International Center for the Green Book Studies and Research was established in accordance with People's Committee decree 1485 dated 9 October 1981 by virtue of the decision of the Public of the Main People's Conferences who believe in the need to dedicate the intellectual energy, strategic concepts and democratic methods inherent in the ideology of the Jamahiriya's theory, the Green Book.
According to the Center's definition, the Green Book is the final result of the struggle of the people against the regimes of exploitation and slavery, providing all the solutions for all society's problems locally, regionally and internationally. (27)
Since the Green Book was published and the establishing of the massively-funded International Center for Green Book Studies and Research, the book has become a source of income and quick wealth to thousands of Arab and international writers, journalists, through establishing centers affiliated to the International Center or through conducting research and studies on the book, although it is common knowledge that the Green Book is a little more than a children's book and no where near a serious book.
About the large financial rewards any contributors to the Center's activities receive, Gamal Eid said: I got US$500 for a humble lecture I gave about freedom of expression on the Internet in a poor conference on electronic media at the International Center for the Green Book Studies and Research. There were over 100 contributors . They paid travel and accommodation, in addition to the high compensation. What if I had written an article that praised this nave book? (28)
According to Ar-Riyadh Saudi newspaper, the book is full of comments that can, at best, be described as naive. For example, when talking about differences between men and women, the book states: "Men do not bear children." The book also contains racist ideas, such as when it claims that black people limitlessly reproduce because they "exercise inactivity in continuously hot weather." The article reaches the conclusion that "a few people outside Libya and an decreasing number in Libya take the book seriously. The Center tries to change the view toward the book. (29)
The list of persons and institutions profiting from writing about the Green Book and .participating in the mentioned Center is horrifyingly long It includes the names of academics from most countries of the world. Many writers, journalists and hypocrites established branches of the Center in their countries or participated with research papers. Writing about the Green Book has become a more profitable profession sometimes than working in oil countries. The Center's activities and those cooperating with it can be accessed on its website. (30(
Libya's Policy toward Opposition
The assassination of Libyan citizens in Libya and abroad, as well as executing prisoners continued in implementation, it seems, of the official policy calling for the murder of the government's political opposition. It is believed that hundreds of political and conscience detained are held without charges, some of whom are said to have been imprisoned following unfair trials, or remained imprisoned despite having been acquitted or having served their sentences. It is also said that many are detained in secret detention centers subject to torture. Libyan exiles were subject to repeated assaults, such as Mohamed Fahima who was assassinated in Athens, Youssef Kharbish in Rome, while Libya's former ammbassador survived an assassination attempt in Vienna. All this took place in 1987 alone. It was not known whether those responsible for the assaults actions were based on direct orders from the Libyan authorities. However, assassination incidents seemed consistent with the pattern of attacks against government opposers that the Libyan authorities had previously claimed responsibility for. (31(
On 17 February 1988 the Libyan people watched some scenes from the execution of nine citizens, six of whom were hanged and three were shot. They were said to belong to an opposition group called Al-Jihad and that a revolutionary court in Beni Ghazy sentenced them to death after charging them with assassinating Libyan citizens and
attempting to assassinate Soviet experts. This took place after Basic People's Conferences called all over Libya in October 1986 for the physical liquidation of eight persons described as God's enemies. In his speech before the People's Conference, Qaddafi described the executions as very useful lessons. (32(
Since the early seventies over 199 Libyan citizens were detained. The number increase to 400 since early 1989, in addition to the detention and isolation in an unknwon location of numerous civilians and military personnel following the military mutiny in October 1993. (33(
When Qaddafi announced purging operations in 1996, many businessmen, jewellers, importers and exporters were arrested. Qaddafi formed the "Volcano" committees from revolutionary youth to attack food shops and confiscate goods under the pretext of selling them at higher prices. The number of detainees during the mentioned period exceeded 1,200 persons. (34)
Non-Libyans living in Libya were illegally detained. Following the International Court of Justice verdict in the Hague in February 1994 settling the dispute over the border with Chad in favor of the latter, Libya detained over 400 Chadian citizens in Tripoli alone, a large number of Nigerians, Jordanians and Somalia for reasons it claimed were related to work permits. (35(
In mid-1995 the Libyan Human Rights Association published a list of 21 persons who were kidnapped and whose fates were not known, including Shiite leader Imam Moussa al-Sadr who disappeared during a visit to Libya in late August 1978. Libya announced that he had left to Rome while the Shiite Amal movement in Lebanon accused Libya of kidnapping him. Qaddafi responded by accusing Amal movement leader Nabih Birri of having kidnapped Sadr to replace him as leader of the Shiite movement in Lebanon. (36(
The file of political prisoners and missing persons in Libyan prisons is one of the most important files which demonstrate the volume of violations committed by the Libyan state against its citizens. Atlhough Libya signed most of the international agreements related to the principles of the Universal Declaration of Human Rights, it is one of the countries that most violate the rights of political prisoners. Although the Libyan authorities completely denied the existence of prisoners of conscience, Libya is full of prisons and detention places, the oldest and largest of which include Abu-Salim and Ain Zarah prisons in Tirpoli and Al- Kuwaifiya in Beni Ghazi, in addition to hundres of temporary custody centers and interrogation bureaus affiliated with the different security bodies. Methods of torture include beating with the hands, feet, belts, sticks and electricity wires; hanging in painful positions accompanied by beating; the use of electric shock; rape, sexual violence and threatening to rape detainee wives and daughters to force them to confess, in addition to the abusive, inhumane treatment of prisoners, such as forcing them to drink their urine. As a result of the absence of supervision on part of the state or human rights organizations of prisons and detention places in Libya, tens of the families of political prisoners lose hope that their sons and relatives are alive. They believe they died either of torture, neglect of health conditions or killed in the group murder incicent in the Bou-Salim prison, known as the Bou-Salim Prison Massacre. (37(
Qaddafi's Worst Scandal: The Abou-Salim Prison Massacre
The Abou-Salim prison massacre is one of the worst crimes against humanity. On 29 June 1996 the massacre that killed about 1,200 political prisoners took place.
The Libyan authorities committed a massacre in the Abou-Salim prison, its largest political prison in 1996 when it used light and heavy weapons against unarmed detainees whose only crime was striking due to poor health conditions, inhumane treatment, torture, humiliation and their continued detention without trial. Following negotiations with the detainees, who had held a prison guard for long hours, the detainees demanded to be allowed contact outside the prison, to be tried before court instead of their continued detention without charges, improved treatment and an end to torture. The authorities agreed on condition that the detainees release the guard. After the guard was released higher authorities ordered that the mutiny end in a brutal way after the detainees were gathered in a large yard and arbitrarily shot resulting in the death of hundreds of them. Al-Raqeeb institution registered and documented the full incident through one of the massacre witnesses.
To date the Libyan authorities, despite Qaddafi's admitting to the incident, have not taken any serious steps to address this case. The authorities have not put any of the officers who supervised the massacre on trial. While the Libyan authorities compensate all Western and American victims, about 800 of the Abou-Salim victim families still await the international community to exert all available forms of pressure on the Libyan regime to investigate this tragic incident, disclose the results of the investigation and the names of those killed to public opinion, compensate the families of the victims and punish the perpetrators. (38 (
Qaddafi and the Coercive Disappearance of Libyans
A story told by one of Qaddafi's sons may demonstrate the simple manner in which citizens disappear in Libya and how they are killed in cold blood. Said al-Qaddafi said that one day in 1986 or 1987 when he was in secondary school a citizen approached him and told him the Libyan security authorities had arrested his father. All the citizen wished to know was whether his father was alive or dead, over 20 years after the father's disappearance. Saif al- Qaddafi replied simply: "I have an answer now to this person. First, your father is dead. He was illegally killed or executed, in the woods and buried in an unknown grave." (39(
That simply! A citizen disappears, his family searches for him for more than 20 years without knowing the fate of their supporter, only for Mr. Qaddafi to respond that he is dead!!
It is the story of thousands of Libyan citizens who disappeared or were killed in cold blood and were buried in the woods or in an unknown grave. Who cares in Libya for the lives of Libyan citizens?!!
The problem of coercive disappearance persists despite repeated demands of the need to clearly and honestly disclose detainee locations. Famous examples of such cases are the kidnapping and disappearance of Mansour al-Kekhia, Ezzat al-Maqreef, Jaballah Matar, Sheikh Moussa al-Sadr and his companions. (40)
Libyan and international human rights organizations have recorded over 300 documented cases where Libyan authorities notified families of the deaths of their sons in mysterious circumstances and failed to give them death certificates or corpses. The Libyan state also refuses to declare the causes of the deaths. Solidarity for Human Rights Organization, Geneva, issued a list of 258 prisoners with whom relatives have lost contact since they were detained. In some cases, the persons were detained without charges or trial for periods exceeding 10 years. In other cases, it is believed that even those acquitted in court remain detained while the families had not heard any news about them for years. Following is a list of some of the most prominent coercively disappeared persons in the Libyan regime's prisons, believed to have been killed in Libyan detention places, prisons and police stations:
Mansour al-Kekhia, Libyan diplomat, prominent human rights activist and secretary general of the Libyan National Coalition. He disappeared in Cairo, Egypt in 1993 while attending the general conference of the Arab Organization for Human Rights. He was last seen on the night of 10 December, 1993 at the Safir hotel.
Jaballah Hamed Matar and Ezzat Youssef al-Maqreef, two prominent members of Libyan opposition group The Front of National Libyan Salvation. They "disappeared" in Cairo in March 1990. Their location remains unknown since then despite news affirming they were delivered to Libyan authorities.
Imam Mousa al-Sadr, a prominent Shiite religious leader, born in Iran who has the Lebanese nationality, "disappeared" with other persons during a visit to Libya in 1978. On 1 September 2002, in a famour speech, Qaddafi confessed that Sadr disappeared in Libya.
Amr Khalifa al-Nami, Islamic studies professor and PhD holder from Cambridge university disappeared in the Libyan regime's prisons since his last detention in 1984. Some unconfirmed news says that Dr. Amr died of torture. To date, 25 years later, his family and children await news of the fate of their father. (41)
The Exceptional People's Court
The People's Court: A political oppression tool and a court classified as an exceptional (illegitimate) one that does not abide by the minimum criteria for fair trials. The People's Court was established in accordance with Law 5 of 1988. However, amendments to the mentioned law, particularly the one introduced in accordance with Law 3 of 1977 rendered this court and its arm, the People's Prosecution Bureau, a tool of the regime that fulfills the desires of the Executive ruling authority rather than a tool of justice.
The following can be deduced from a reading of the cases that the People's Prosecution Bureau and the People's Court take charge of: The People's Prosecution Bureau always tries to cover up the Executive Authority's unfair practices through pretending to release the defendants legally imprisoned for prolonged periods who are brought to the bureau then immediately arresting them again. The People's Court circles submit verdicts before they are issued, particularly those related to important cases, for the approval of the ruling Executive Authority, which violates the court's independence and neutrality. The detention of acquitted defendants continued for long periods of time. The lack of guarantees for lawyers performing their duties. The People's Prosecution Bureau prevents lawyers from exercising their rights which consitutes a violation of the basic guarnatees for defense before the People's Court. Denying defense access to their clients' files which violates the rights of the latter. The People's Court's legal rules render justice impossible. Thus, lawyers, legal professionals and human rights organizations always call for replacing the People's Court with a fair judiciary capable of settling cases. (42) The People's General Conference on 12 January 2005 decided to cancel the People's Court. In its visit to Libya in February 2004 Amnesty International had called for canceling this court which Qaddafi invented to legitimize the pursuit of his opposition. The cancelation of the court came in response to international pressures due to its bad reputation as an unfair court the rulings of which blatantly violated human rights. Rather than refer cases previously heard by the People's Court to regular courts, a State Security Court and Prosecution were established. A short time following the cancelation of the People's Court, a court called the State Security Court was established in late 2007 to hear the same cases that the People's Court heard, such as cases incriminating political party activities, revolution protection and promoting ideas and theories against the state regime. The State Security Court is, in short, a tool the regime uses to defend itself by issuing laws that protect it and serve its interests while violating laws that guarantee citizen rights. (43) Qaddafi and Arab and African Journalism
Qaddafi made every effort to silence voices that opposed him in the Arab press as he succeeded in silencing them in Libya. Qaddafi recently succeeded in suing the three Moroccan newspapers Al-Masaa, al-Jareeda al-Ula and Al-Ahdath al- Maghribiya accusing them of humiliating him and harming his dignity in some articles that criticized him. The court fined the three newspapers US$370,000, as if Qaddafi, having destroyed freedom of the press in Libya, started directing his expertise in pursuing Arab journalism and journalists across borders. (44)
The list of journalists pursued by Qaddafi, particularly in the Arab world and Africa is long. It includes the following:
A court case against Egyptian journalist Ibrahim Issa, editor-in- chief of Al-Dustour newspaper, and Bilal Fadl, Al-Dustour journalist because of an article about the Green Man in October 2006. Ibrahim Issa denied the accusation of having participated in insulting the president of a friendly nation, affirmong that the article is classified under allowed criticism.
In late 2003 Qaddafi filed a lawsuit against 14 Egyptian journalists following a media campaign where Egyptian newspapers attacked him after willingly giving up the production of all weapons of mass destruction. Qaddafi accused the Egyptian journalists of defamation and libel. Some of the mentioned cases reached Egypt's Prosecutor General calling for referring the journalists to criminal court. Egypt's former minister of information Safwat al- Sherif commented at the time saying: "The Libyan government does not object to objecitve dialogue, but objects to some of the experssions that insult our brothers in Libya. It rejects such practices that harm the media profession and represents a violation of the Code of Honor of journalism." However, the cases were soon forgotten until further notice.
Egyptian newspaper journalist Selim Azzouz and the paper's editor-in-chief were tried for insulting the Libyan people and their leader Moammar Qaddafo because of an article titled "Empty Words." The lawsuit was filed by the head of the State Cases Department in the Great Libyan Arab People's Socialist Republic in his capacity as the legal counsel of the Libyan State. He demanded LE1 million in compensation provided the amount is given as a donation to the new children's cancer hospital in Egypt. The court, however, rejected the lawsuit and obliged Qaddafi to bear expenses. The ruling stated that the article defended Egyptian fishermen arrested by the Libyan authorities which accused them of violating Libyan territorial waters.
In the lawsuit that Qaddafi filed against Algerian newspaper Al- Shorouk Al-Yawmi, an Algerian court sentenced the newspaper manager Ali Fadeel and female jouranlist Naela Birhal to six months in prison and a fine of 20,000 Algerian dinars, in addition to a financial compensation of 500,000 Algerian dinars in favor of Qaddafi, and suspending the paper for two full months. The Algerian newspaper had mentioned in two reports published on 12 and 13 August 2006, based on information obtained from Tuareg leaders who wished to stay anonymous, a fabricated plan that Qaddafi had prepared to destabilize Algeria using Tuareg groups who have separatist tendencies.
Qaddafi even sued a Palestinian news agency for having published news about his ill health. Palestinian Online News Agency announced that Libyan leader Moammar Qaddafi appointed a Palestinian lawyer to file a lawsuit against it and its editor-in-chief Nasser al-Lahham for having published incorrect news about Qaddafi suffering from cerebral stroke in May 2007.
In July 2004 Qaddafi filed a lawsuit against Saudi Al-Watan newspaper after having published an editorial titled "The Inferiority Complex" where it commented on Qaddafi's suggestion to change Palestine's name to Isratine and accept Israel as a member in the League of Arab States.
In 2004 Qaddafi filed a lawsuit before Rabat's primary court against Moustafa al-Alawi, manager of Al-Usboa weekly newspaper because of a caricature of Qaddafi published on the first page following Libya's announcing giving up its nuclear program.
In Feburary 2009 Libyan ambassador to Uganda filed a lawsuit demanding compensation against the Ugandan newspaper the Red Pepper. The Ugandan editor-in-chief said that Qaddafi's lawyers asked for a US$1 billion compensation because it mentioned he was involved in a love relationship with the Queen mother in the Turo kingdom, a widow called Bist Kimigisha.
Murder is the Fate of Critical Journalists
Mohamed Moutafa Ramadan, a journalist who worked as a broadcaster in the BBC Arabic service in Londonn. On Friday, 11 April 1980, after performing Friday prayer in the London Central Mosque and while leaving the mosque to join his wife and daughter, two persons intercepted Ramadan and shot him in broad day light in front of worshippers and passersby. Revolutionary Committees proudly declared their responsibility for the crime and prevented his family from receiving his corpse, holding a funeral or burying him in his country. His corpse was returned for burial in London. In an interview with the Times of London dated 10 June 1980, Moussa Kosa was not ashamed to confess that Revolutionary Committees committed the assassinations of Mohamed Ramadan and Mahmoud Nafei. He further affirmed that such murders would continue in Britain. In a trial that lasted no more than 44 minutes in London, two Libyan nationals, Belhassan Mohamed al-Masry, 28 years old, and Najeeb Miftah al-Qassimy, 26 years old, confessed to having committed such a hideous crime "enforcing the people's verdict". Each received a life sentence. (45)
Daif Al-Ghazal. I could receive an arbitrary wound from the knife of a prisoner who obtained the highest criminal certificates and who was released for good behavior, a poisoned knife belonging to a black man who had crossed the border without papers, or a painful and strange traffic accident that I may suffer suddenly on the streets of our stolen country or on its desert roads by a truck driven by a high-ranking army officer!!
This was a paragraph from an article written by journalist Daif al- Ghazal before his assassination. On 21/05/2005 Daif was kidnapped by two armed men who claimed to be Libyan internal security personnel on his way home from visiting a friend West of Beni Ghazy accompanied by journalist Mohamed al-Merghany. Daif al-Ghazal's prophecy was fulfilled. His corpse was found with smashed fingers, tied hands and a gun shot nine days following his disappearance.
Due to the extensive reactions in Libya and abroad to this brutal crime, "the perpetrators" were arrested, tried and sentenced to death in July 2007 following a mysterious trial that raised more doubts than it eliminated. The sentence was not enforced, which gave rise to numerous interpretations, whether those related to threats to the defendants (there were doubts that they really committed the crime) of exposing the truth, or due to the announcement made by Qaddafi's son of leaving the matter up to Daif al-Ghazal's family to accept Islamic legal compensation (diyya) and forgive the murderer.
However, the fact remains that the crime was committed against a journalist the same way that jouranalists who dare criticize in Libya are punished. The smashed fingers with which the journalist wrote was the clearest evidence.
Silence in the Face of International Media
Qaddafi pursued and sued anyone who criticized him in Arab newspapers. However, the contrary was the case with foreign newspapers which criticized him using stronger words. He did not take any action against these papers as if they were praising him.
The papers include the American paper the Washington Post which called him a dictator. The newspaper's 2007 annual report about the worst world leaders included some Arab rulers and kings in addition to Qaddafi which the paper described as a dictator. The report said that Qaddafi, who reached power when he was 27 years old, spend about a decade in complete animosity toward the United States. For a long time .Libya was listed among terrorism- sponsoring countries According to the report, the Libyan president stopped funding terrorism for six months in 2006. As a result, the Bush administration decided in June 2006 to remove Libya from the list. The Libyan regime started in recent years to reap economic benefits for his change of policy in the form of new investment in large oil fields and the relative openness with Western countries. (46)
On 10/06/2004 the New York Times said that Libyan leader Moammar al-Qaddafi approved a plan prepared by Libyan intelligence services to assassinate Saudi crown prince Abaddalh to destabilize the kingdom's security. The newspaper added that two of the participants in the assassination plot, Abdel-Rahman al- Amoudi, one of the leaders of the Muslim community in the United States who is currently detained in the US, and Mohamed Ismail, a Libyan intelligence office detained in Saudi Arabia, gave detailed information about the operation to investigators. They confirmed that Qaddafi personally approved the plot. Libya responded through denial of the accusations on part of Said al-Islam al- Qaddafi who said that it was "mere nonesense." (47)
In its comment on Italy's declaration that it intended to return some immigrants to Libya on the occassion of Qaddafi's visit to Italy in June 2009, Human Rights Watch said that this represented "a celebration of a dirty deal by virtue of which the two countries agreed to disregard the rights of refugees and immigrants." This description may have jeopardized the life of any Arab journalist or cost him his freedom or money at the best of cases. (48)
Amnesty International told Sarkozi he was receiving a "dictator", the same expression for which Moroccan journalists were sentenced to a fine when they used to describe Qaddafi. (49)
Qaddafi's Charity Institution and Human Rights The massive volume of funding given to the center called The International Center for the Green Book Studies and Research may only be matched by the massive funding given to what is called the Qaddafi International Institution for Charity Associations and Development. Some estimate the institution's budget to be equivalent to a small state or extending water and basic utilities to all Libyan citizens deprived of these services despite the huge oil revenues the country receives.
Iraqi poet Mudhaffar al-Nuwab's saying: "He attempts to address all of the issues in the universe while running away from his own issues," applies to Qaddafi's attitude.
Browsing the institution's activities on its website, one finds financial assistance to citizens and activities in Chad, the Philippines, the Sudan, Thailand, Singapore, . Pakistan, Burkina Faso, Sierra Leone, Afghanistan, etc.. However, Saif al-Qaddafi who feels proud of him, is happy to make declarations -only declarations- about his father's practices. He doesn't move a muscle when a newspaper is closed, a jouranlist detained, a channel nationalized or a citizen coercively disappears, while the institution hosts human rights activities promoted by the lie of the Qaddafi human rights award. It seems that this institution cares only for non-Libyan human rights, while its role in Libya is restricted to criticizing Libyan human rights organizations abroad and attacking their reports.
Qaddafi's Titles
During the most recent Arab leaders' summit in Doha in 2009, Qaddafi criticized the Saudi king saying: "I am the dean of the Arab leaders, king of Africa's kings and Imam of the Muslims. My international standing prevents me from stooping to any other level. Thank you."
However, the titles that Qaddafi called himself in the mentioned phrase do not include his unique titles. He collected and chose to grant himself many titles, whether related to events organized by one of the revolutionary committees, according to his whim or those that denote a feeling of grandiose and uniqueness. The titles include the following: King of African kings Brother leader of the revolution Defender of Arab Nationalism Imam of Muslims President of the Coast and Desert Countries Gathering. Leader of the Islamic People's Leadership Intellectual and Leadership Leader of the Tuareg The Leader Brother Moammar al-Qaddafi, Leader of the Libyan Revolution The Great Libyan Arab Socialist People's Republic It would not have been logical for Qaddafi to give himself all these titles while controlling a small country like Libya. Thus, he changed Libya's name from the Arab Republic of Libya to the Great Libyan Arab Socialist People's Republic to be compatible with his feelings of leadership and genious.
Conclusion
Qaddafi's regime succeeded in 40 years in silencing any voices that may dare criticize him and his policies, as well as any voices calling for a real country of institutions rather than the dictatorial forms Qaddafi invented. His silencing policy followed all available paths and forms, starting with legal pursuit, through imprisonment and torture, and reaching assassinations. He was helped by Libya's huge oil revenues which he treated as his own wealth. These policies resulted an almost complete elimination in Libya of independent or opposition media. Libyan opposition abroad became the biggest competitor to Iraqi opposition during the rule of Saddam Hussein in terms of volume and influence, despite Libya's smaller population compared to Iraq.
While Qaddafi turned into a demi-god demi-dictator, his sons control Libya's power and wealth in a way similar to feudal heirs in Europe of the Middle Ages.
Despite the existence of modern institutions in appearnce, such as research institutions and ministries called "secretariats", as well as Libya's having ratified most international human rights agreements, the truth is that the only laws enforced in Libya are Qaddafis desires and the only obliging constitution is the Green Book which, at best, does not exceed primary school book level.
The role of the international community, whether by sanctions imposed on Libya for long years, or hypocrisy to Qaddafi's regime in exchange for the billions of dollars in compensation for terrorist operations committed by Qaddafi's regime for long periods, in addition to large numbers of writer, journalists and academics who have contributed to feeding Qaddafi's sense of grandiose for sums of money paid from the Libyan people's funds. These writers, journalists and academics prepared fake studies about the greatness of the Green Book or established branches abroad, in addition to advertisements about Qaddafi's and his imaginary achievements in Libyan, Arab and international newspapers. All this contributed to the difficulty of Libya become a real country ruled by institutions rather than Qaddafi and his sons.
The Arabic Network for Human Rights Information does not see an alternative to Libyan citizens' peaceful and legal struggle to impose the state of law and institutions where political parties, independent media, the judiciary authority and the parliament are the main tools, in addition to exposing all those who have illegally exploited and plundered the Libyan people's wealth in Libya and abroad. Western and European governments should stop the hypocrisy they exercise with this regime in return for oil or commercial contracts, as these contracts take place with a regime that lacks the minimum credibility or legitimacy.
As for Arab governments, the Arab Network regrets to announce that most do not differ much from the Qaddafi regime and thus it is logical and natural for these governments to support him. Even the secondary differences between the mentioned governments and Qaddafi's do not change the common nature shared between undemocratic governments, be they kingdoms or republics.
Margins 1. Following the September 1st coup, Qaddafi gave himself the title of ..... 2. Libya's name before the September 1st revolution was the United Kingdom of Libya 3. Human Rights in Libya: Limits of Change. Report by writer Ahmed al-Muslaman. Cairo Center for Human Rights Studies, 1999. Page 6. 4. Human Rights Watch Report titled "Conditions in Libya", published on 12 September 2006, page 122. 5. Previous reference (3) page 18. 6. More on Libyan law on http://ar.wikipedia.org/wiki/ 7. Libya website (Event in Libya: Repeal of the Libyan Constitution) dated 6 March 2009 http://www.libya-al- mostakbal.org/articles0309/ 8. Website of the Libyan Union for Human Rights Defenders. Article by the Union's secretary general Al-Sharef Al- Gharyani. Published on 3 April 2008. http://www.libyanhumanrights.com/bayan21.htm Visit dated 28 July 2008. 9. Previous reference 10. Website of the People's Justice Committee http://www.aladel.gov.ly/main/modules/sections/item.php?ite mid=33 Visit on 4 August 2009 11. The I Am Muslim Network for Islamic Dialogue. Article titled "Libya's Tragedy and Qaddafi's Responsibility." Dr. Mohamed Youssef al-Maqreef, former head of the Accounting Bureau and former Libyan ambassador to India. Dated 4 August 2009. 12. Solidarity for Human Rights website: Journalism in Libya: It's History and Significant Stages, 3 February 2006. http://www.libya-watanona.com/liyba 13. Previous reference 14. Statement issued by the Libyan National Opposition Conference titled "International Freedom of the Press Day: In Libya There is Press without Freedom," dated 3 May 2009. http://www.libya-nclo.com/ 15. Stubborn Opponent: The Internet and Arab Governments, ANHRI report, December 2006. http://www.openarab.net/ar/node/104 16. http://www.libya-watanona.com/adab/ 17. Libya Watanona website. Article titled Red Lines: The Constitution and the Laws, Fawzi Abdel-Hamid, dated 10 March 2008. http://www.libya- watanona.com/adab/forfia/fo10038a.htm 18. Free Libya website. Article titled "The Libyan Regime Continues to Misguide and Falsify Facts," issued by The Libyan Salvation Front, 21 November 2008. http://www.libya- alhora.com/forum/showthread.php?t=37140 19. http://www.aljazeera.net/in-depth/ 20. http://www.aljazeera.net/channel/archive 21. http://www.aljazeera.net/NR/exeres 22. http://www.libyanfsl.com/`'--/tabid/59/mid/417/newsid 417/656 23. Previous reference 24. Previous reference 25. http://www.bbc.co.uk/arabic/inthepress 26. http://ar.wikipedia.org/wiki/ 27. http://www.greenbookstudies.com/ar/center.php 28. Gamal Eid, director of the Arab Network for Human Rights Information commenting on the US$500 he received for a lecture he gave in Libya on 4 November 2007. 29. The Saudi Ar-Riyadh newspaper. Article titled "The Green Book: Even Qaddafi No Longer Attends," 6 January 2005, issue 13345 30. http://www.greenbookstudies.com/ar/index.php 31. Amnesty International 1988 report, Libya, page 248 32. Previous reference 33. According to the Arab Organization for Human Rights estimates on conditions in Libya, 1995, pgs 231-232 34. News agencies, 16 November 1996 35. Arab Organization for Human Rights 1995 report: Conditions of Human Rights in Libya, page 233. 36. Please refer to reference (2) 37. Ar-Raqeeb Association for Human Rights report, 2004, Political and Missing Prisoners in Libyan Prisons, published on the ANHRI website. http://www.anhri.net/libya/lw/pr041100.shtml 38. http://www.anhri.net/libya/lw/pr040700.shtml 39. http://www.gdf.org.ly/index.php 40. http://www.anhri.net/libya/lw/pr040700.shtml 41. Previous reference 42. http://www.akhbar-libyaonline.com/index.php 43. http://www.anhri.net/press/2009/pr0422.shtml 44. http://www.arabtimes.com/Arab%20con/libya/doc16.ht ml ', =-= 45. http://www.taqrir.org/showarticlehl.cfm?id=590 46. http://www.alarabiya.net/save_print.php?save=1&cont_ id=4236 47. http://news.bbc.co.uk/hi/arabic 48. http://www.aljazeera.net/News/archive