El-Megreisi v. Libyan Arab Jamahiriya
Key Judgment
Legal Relevance
Keywords: Effective Remedy | Admissibility | Statute of Limitations
Themes: Characteristics of the Crime | Related Crimes
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
Libya (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.