Tripoli: Statement regarding the kidnapping of a Senior Official at the Audit Bureau
Human Rights Solidarity (HRS) condemns the kidnapping of Mr. Redha Emhemed Qergab, Director of the General Department of Financial Supervision of the Public Sector at the Audit Bureau, on Monday, May 4, 2020, in Tripoli, and demands an investigation.
According to the information, reported by a number of official authorities, while Mr. Qergab was leaving home on his way to work, a group of armed men blocked the path of his car. They ordered, at gun point, Mr. Qergab to get out of his car and they took him to undisclosed location. Later on, it was revealed that they were acting on orders from the deputy head of the Information and Surveillance Bureau at the Ministry of Interior (MoI) of the Government of National Accord (GNA).
Hours after his kidnapping, the Audit Bureau announced in a statement[i] that one of its employees had disappeared and considered this “an irresponsible act”. The Ministry of Interior followed by a statement[ii], in which it announced that Mr. Qergab was in its custody and was being interrogated. The Head of the Audit Bureau also submitted a complaint[iii] to the Office of the General Attorney against both the designated Minister of Interior and the Head of the Information and Surveillance Bureau at the Ministry of Interior.
Crimes of enforced disappearances and kidnapping is plaguing Libya for many years, but this incident differs from its predecessors. The perpetrator of this kidnapping is the very authority, the Ministry of Interior, that is empowered to maintain rule of law and ensure security and safety of the people. It is a dangerous precedent which undermines the rule of law.
The Ministry of Interior claimed in its statement “the evidentiary procedures with the person concerned [i.e. Mr. Qergab] were carried out according to the law and with the knowledge of the Judicial Officers of the Ministry of Interior ….”. But Article 24 of Chapter Three of the Libyan Criminal Procedures Law[iv], which specifies the cases in which a judicial officer can arrest an accused, four specified cases, none of which applies to the case of Mr. Qergab. Also, Article No. (38) of Law (19) of 2013 prohibits arresting or taking any action to investigate members of the Bureau or file a criminal case against them, without a written authorization issued by the Head of the Audit Bureau[v].
According to information obtained by HRS from reliable sources, the evidentiary procedures were not carried out according to the Criminal Procedures Law. Article 105 states that the officer in charge of the interrogation must verify the identity of the accused and then inform him of the charges against him[vi]. This did not happen, neither was Mr. Qergab was asked to identify himself nor was told of the charges against him. Also, according to Article 106, the officer in charge of the interrogation may not question the accused except after inviting his lawyer to appear[vii], and this also did not happen with Mr. Qergab.
Human Rights Solidarity (HRS) calls on the Office of the General Attorney to investigate this incident, publish the outcome of the investigation, and hold all those involved in this incident accountable. The allegations in the statement of the Ministry of Interior[viii] include serious accusations against the Audit Bureau and Mr. Qergab, an investigation must be carried out to determine whether these allegations are true or not.
HRS also calls on the designated Minister of Interior, to fulfil the promises he made in his memorandum[ix] to the security authorities of the Ministry of Interior, to take legal measures against those in the Ministry who do not abide by the law.
[i] The Audit Bureau: “Statement by the Audit Bureau concerning the kidnapping of Mr. Redha Emhemed Qergab, Director of the General Department of Financial Supervision of the Public Sector”, May 4, 2020 (at 20:53).
[ii] Ministry of Interior: “A statement of the Ministry of Interior regarding the evidentiary procedures regarding the deviation of the Audit Bureau from its legal powers and obstructing the work of State Institutions amidst state of emergency”, May 4, 2020 (22:32).
[iii] Libya al-Ahrar TV: “The Audit Bureau submits a Complaint to the General Attorney against the Ministry of Interior”, May 6, 2020.
[iv] Ministry of Justice: “Criminal Procedures Law and its Complementary Laws”. An English translation of the law is available at this (link).
[v] Ministry of Justice: “Law No. (19) of 2013 on the Reorganization of the Audit Bureau”, the Official Gazette, 2nd Year, Issue No. 13, Page 826. Article (38): “In cases other than flagrante delicto, it is prohibited to arrest Office members, take any measures against them, or bring criminal cases against them without written authorization from the Head [of the Audit Bureau]. In cases of flagrante delicto, the Head must be notified within 24 hours of the arrest.”. An English translation of the law is available at this (link).
[vi] Criminal Procedures Law, Chapter (6) “On Interrogation and Confrontation”, Article (105) “Verifying Identity and Informing of Charges”: “When the accused person appears for the first time in the investigation, the investigator shall verify his identity, inform him of the charges against him, and document his statements in the record”.
[vii] Criminal Procedures Law, Chapter (6) “On Interrogation and Confrontation”, Article (106) “Attendance of Attorneys”: “The investigator into felonies shall not question the accused or make him face other accused or witnesses before summoning the attorney, if any, to attend, unless the accused has been caught in flagrante delicto or there is a fear that evidence will be lost. The accused shall name his attorney in a report drawn up in the court registrar or in a letter to the prison warden. His attorney may also carry out this acknowledgment or declaration. The attorney shall not speak unless authorized by the judge. If the judge does not authorize him to do so, it shall be noted in the record”.
[viii] In its statement, published on May 4, the Ministry of Interior accused the Audit Bureau of “corruption and extortion” and of conspiracy “to hold the Libyan state hostage and obstruct its interests in the service of political or factional agendas.”
[ix] Ministry of Interior: “Instructions Memorandum from the designated Minister of Interior to the heads of the Ministry’s security services regarding arrest procedures,” (page No. 1), (page No. 2), August 19, 2019. The designated Minister of Interior indicated in his statement that the law “In order for a proper arrest to take place by a judicial arrest officer in circumstances other than flagrante delicto, the crime attributed to the accused must be permitted by the law, and Article (24) of the Criminal Procedures Law specifies the conditions in which the judicial arrest officer may directly conduct arrest in cases other than in flagrante delicto..
