Tag Archives: Human Rights Committee

3 May 2012

Human Rights Committee holds Libya responsible for treatment of Bulgarian national

The Human Rights Committee found that Libya has violated the rights of a Bulgarian doctor of Palestinian origin under the ICCPR. Ashraf el Hagog was at the centre of the Libyan AIDS scandal, in which he and five Bulgarian nurses were accused of deliberately infecting 426 babies with HIV. The HRC found violations of Articles 7, 9 and 14 ICCPR. It considered that Libya had to provide Al Hagog with an effective remedy, including providing him with appropriate reparation, including compensation, and initiating criminal prosecution against those responsible for the treatment.

Only a few weeks earlier a Dutch court had awarded compensation claims against the individual authors of the acts (see: SHARES News | Dutch court awards claim against 12 former Libyan government officials for torture).

Source: Human Right Committee, Communication No 1755/2008, Views adopted by the Committee at its 104th session, 12 to 30 March 2012 (CCPR/C/104/D/1755/2008) [pdf]

10 April 2012

Dutch court awards claim against 12 former Libyan government officials for torture

On 21 March 2012, the District Court of the Hague awarded €1 million ($1.33 million) in compensation to a Palestinian doctor tortured and jailed in Libya along with five Bulgarian nurses for purportedly infecting children with the AIDS virus, the doctor’s lawyer said Tuesday. The award is directed against 12 former Libyan government officials who were responsible for the torture.

Initially the claim was also directed at Gadaffi, but the Dutch government took the position that he had immunity and the complaint thus could not be served to him, after which his name was removed from the claim. As to the others, no issue of immunity was raised by either the government or the court, and the defendants did not appear. A parallel claim against Libya, that until now has refused to pay compensation, is pending before the Human Rights Committee (raising interesting questions of shared responsibility between states and individuals).

Source: Khaleej Times | Palestinian medic gets Libyan jail compensation
Source: The Guardian | Dutch court compensates Palestinian for Libya jail