A/HRC/7/10/Add.1
page 37
freedom of thought, conscience and religion. Further concern was expressed for their physical and
mental integrity while in detention.
Response from the Government dated 10 May 2007
150. According to the Government, the information received by the Special Rapporteurs is not
true. It is taken from sources whose credibility is doubtful, relying as it does on reports from
some Eritrean nationals and non-governmental organizations. There are 164 Eritreans currently
being held in centres for illegal migrants after being caught attempting to migrate illegally to
Europe. They are being well-treated and are provided with humanitarian and health assistance, as
witnessed by many foreign media representatives and delegations from States and nongovernmental organizations which have visited these camps.
151. The Government further stated that Eritrean nationals come to the Great Jamahiriya, either
because they are fleeing from compulsory military service or for other reasons. Most of them
enter Libya as a transit zone and are bound for the northern shores of the Mediterranean Sea. This
is a breach of the laws in force in the Great Jamahiriya. The Special Rapporteurs should therefore
address this outrageous situation, in accordance with their mandates, with the State of origin,
instead of directing insults and rash accusations at the Great Jamahiriya. The repatriation of these
Eritrean nationals is an appropriate step to take, especially as this is what most of them want after
failing in their attempt to migrate illegally to European shores.
152. The Government wished to add that it is important to distinguish between persons who
enter the Great Jamahiriya illegally with a view to migrating to other States and those who enter
as refugees seeking protection from persecution on account of their political views, race, religion
or social status. Many people tend to confuse the two. Act No. 6 of 1987 regulates alien entry,
residence and departure from Libya. Anyone who breaches this Act will be arrested and detained
in designated places of detention and the competent authorities shall take legal proceedings
against them. According to the Great Green Document on Human Rights, the Promotion of
Freedom Act and the relevant laws, and pursuant to the International Covenant on Civil and
Political Rights and the Convention against Torture, to which Libya is a party, the competent
Libyan authorities have no right to extradite or repatriate an individual where there is evidence to
show that that individual will be subjected to torture or an unfair trial.
153. The Great Green Document and the Freedom Act guarantee freedom of conscience,
expression and opinion and freedom of worship. Everyone is entitled to security of person and
not to be subjected to cruel, degrading or inhuman treatment. Article 431 of the Criminal Code
prescribes a sentence of imprisonment for public officials who use violence against individuals.
Article 435 of the Code prescribes a term of imprisonment for any official who commits or orders
torture. Some members of the police may use force during arrests in order to deal with
individuals who resist arrest. One police officer has been convicted for abuse of authority. These
are isolated cases and those responsible face the most severe criminal and disciplinary penalties
when evidence of their guilt is presented.
Observations
154. The Special Rapporteur is grateful for the Government’s response. She would like to take
the opportunity to refer to her last report to the General Assembly where she has dealt with the
vulnerable situation of refugees, asylum-seekers and internally displaced persons (see A/62/280,