CIHRS documented several cases illustrating the extent of systematic repression used by authorities to stifle opposition.
This statement was originally published on cihrs.org on 25 June 2024.
Libyan authorities deliberately suppress opposition through the ‘orchestrated use of oppressive legal frameworks, targeted repression of civil society actors, and strategic deployment of religious and security rhetoric to stifle opposition, concludes the research briefing titled ‘Justifying Repression: Use of Security and Religious Rhetoric to Crack Down on Dissent in Libya’, by the Cairo Institute for Human Rights Studies (CIHRS). This briefing documents a series of repressive incidents committed by the security services or the dominant armed groups, from 2020 to 2024. Highlighted in the research are cases of incitement against human rights and political activists, resulting in their imprisonment and the closure of their institutions, under the pretext of their threat to public security or hostility towards religious and societal values.
Libya is divided by two competing governments and numerous armed entities; an environment which has hindered virtually all international and local efforts aspiring to reform. Despite their rivalry and fragmentation, authorities in the east, under Khalifa Haftar, and in the west, under the control of the internationally recognized government of Abdul Hamid Dabaiba, share the same fundamental repressive tactics. These include the systematic targeting of political and human rights activists; the suppression of all forms of opposition, justified through the use of religious and security discourse, and the deployment of a repressive legal framework as a retaliatory measure against dissidents. The danger of this muddled political scene has heightened even further, following the 9 June 2024 announcement by the High National Elections Commission of the launch of the voter registration process for municipal council elections in sixty municipalities, including former municipalities and new ones currently managed by temporary councils.
CIHRS expresses its concern that repression will increase during these elections, as occurred during the August 2020 elections. In August 2020, an armed Salafist brigade affiliated with the Libyan National Army attacked polling stations in the municipality of Traghen in southwestern Libya, and another in the municipality of Qatrun. This resulted in the polling stations’ closure, ultimately preventing citizens from being able to vote. Following the attack, the Central Committee for Municipal Council Elections decided to suspend the elections in the two municipalities for security reasons. A few days before the Derna flood catastrophe in September 2023, members of the Awliya al-Dam brigades, loyal to Haftar, burned campaign posters for candidates in the municipal council elections, threatened candidates with kidnapping and killing, and demanded the cancellation of the elections and the appointment of a military governor.
The Libyan Internal Security Agency (ISA) and armed factions, influenced by the Madkhali Salafist ideology, have a strong presence in both eastern and western Libya. Together, the ISA and major armed groups have greatly enhanced their military power and political influence over the competing governments. Currently, armed groups operating under the supervision of the Internal Security Agency (ISA) in eastern and western Libya are primarily responsible for suppressing freedoms of expression and association and confiscating women’s rights through the use of Gaddafi-era legislation. The ISA justifies its violations with claims of moral and religious obligation and protecting security and societal peace.
The analysis of CIHRS’ research briefing is based on 45 cases of civil society activists, political figures, or human rights defenders, who have been targeted by Libyan authorities. These cases clearly indicate the extent of systematic repression in silencing opposition and restricting civil liberties through arbitrary arrest, judicial prosecution, and orchestrated manipulation of security and religious discourse. This repressive pattern further extends to the targeting of institutions, including local and international civil society organizations, which face closure, dissolution, or disruption of their activities, also on the basis of so-called religious and moral justifications.
The briefing concludes that the vying governments in the East and West have used draconian legislation of the ousted authoritarian Gaddafi regime to accuse, punish, and retaliate against those with opinions that differ from those dictated by state or society. These oppressive laws include the Libyan Penal Code, where articles 206, 207, and 208 impose the death penalty for exercising basic freedoms, the Cybercrime Law (Law no.5 of 2011), and the Law on Freedom of Association (Law no. 19 of 2011), in addition to the official resolutions and regulations issued by the executive authorities in the East and West. The assault on free association is reinforced through incitement and defamation campaigns on media platforms, where activists and dissidents are the targets of public threats and intimidation.
The research briefing documents several cases of arbitrary arrest and detention justified by vague threats to security, which often lack any supporting evidence or are based on confessions extracted under torture and coercion. The briefing further documents grave violations in places of detention, which the Libyan authorities have failed to examine or investigate, including cases of unexplained deaths. Political activist Seraj Fakhruddin Dughman, for instance, was apparently murdered in an unofficial prison inside the headquarters of the General Command of the Libyan Arab Armed Forces in al-Rajma, southeast of Benghazi. Dughman was detained for participating in political discussions about the upcoming elections. The CIHRS’ briefing documents the involvement of members of the Internal Security Agency in other arbitrary detentions of human rights defenders and bloggers, under the guise of protecting “the values of Libya and protecting the values of Islam.” In most of these cases, there is a recurring pattern documented by the paper wherein the authorities coerce confessions, which are then publicly broadcast by the ISA on media and social media outlets. This represents an egregious violation of individuals’ privacy and due process, while carrying threatening and intimidating messages to society at large.
“The Libyan authorities have reached unprecedented levels of repression over the past four years. Dozens have been detained simply for expressing their opinions, and the stranglehold has further extended to opposition abroad, in addition to the authorities’ control over public discourse on the basis of intimidation and threats. The Libyan authorities must stop raising false security concerns and using religious discourse to stifle opposition.”
ZIAD ABDELTAWAB, DEPUTY DIRECTOR OF CIHRS
The research briefing concludes with a set of recommendations presented by CIHRS. Foremost among them is a call for the release of all activists and human rights defenders detained for exercising their rights to freedom of expression, association, and assembly; together with the opening of independent investigations into all cases of arbitrary detention and death in detention, and the enforcement of accountability towards those culpable. CIHRS calls for the revocation of repressive articles in the Penal Code, including articles that impose the death penalty for exercising basic freedoms. CIHRS further calls for a review of the Cybercrime Law No. 5 of 2022, the suspension of Law No. 19 of 2001 regulating civil work, and the issuance of a temporary decree regulating the right to association until a new law is issued that guarantees the freedom and independence of civil society in accordance with international principles.
CIHRS used a mixed-methods approach to ensure a comprehensive understanding of the human rights landscape. CIHRS conducted interviews with six Libyan human rights defenders and activists, chosen for their firsthand insights into the challenges facing a free civic space in Libya. Additionally, CIHRS reviewed video confessions of twenty individuals published by Libyan authorities and cross-checked the information about these individuals with their lawyers, family members, and other sources. Nineteen other cases of individuals arrested for exercising their fundamental rights were also examined, including through judgments issued by Libyan courts. Furthermore, CIHRS reviewed public statements and interviews from Libyan officials to understand the official rhetoric and policies that contribute to a repressive environment against free expression and association. Supporting these primary sources, an extensive literature review was conducted, encompassing reports from the United Nations and other human rights documentation. This literature review provided a historical and legal backdrop, helping to frame the specific instances of crackdowns within a wider pattern of rights violations.
