Enforced Disappearance Legal Database

El-Megreisi v. Libyan Arab Jamahiriya

Key Judgment


Legal Relevance

Effective Remedy | Admissibility | Statute of Limitations

The Committee found that being subjected to prolonged incommunicado detention in an unknown location amounted to a form of torture and cruel and inhuman treatment. The Committee also held that though the detention had begun before the Optional Protocol entered into force for the state party, it could consider the communication as the events had continued afterward.

Judgment Date

April 23, 1994

Country

Libyan Arab Jamahiriya

Judicial Body

Human Rights Committee

Articles violated

Article 7 [ICCPR], Article 9 [ICCPR], Article 10(1) [ICCPR]

Facts of the Case

Mr. Mohammed El-Megreisi was arrested in January 1989, in his home in Benghazi by reportedly members of the Mukhabarat, the Libyan security police. The evidence indicates that no charges were brought against him. He was detained incommunicado until April 1992, when he was allowed a visit by his wife, and after that date has again been detained incommunicado in an unknown location. He was also subjected to torture and cruel and inhuman treatment.

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