Omar Deghayes & Libyan Human Rights

Omar Deghayes & Libyan Human Rights
Update: (Now the links are functional...so embarassed. Sorry)

A few days ago, I came home after a long yet ultimately satisfying day of work to find an emotional blow in the form of an email in my inbox. The BBC featured an interview with a Libyan family living in the UK, discussing the status of their son, a Gitmo detainee. There was a video available Wednesday and Thursday, but now all I find is this article. He’s also mentioned by the BBC in this article & the Scotsman.

Why does he matter, right? Several reasons, some of which I will highlight. First, let me introduce the case.

Omar Deghayes was captured in Pakistan in 2002, and imprisoned in Guantanamo after a brief period at a British base. He was granted political asylum by the UK in the late 80s when his family fled Libya due to their political circumstances. What’s exceptional about Omar’s case is that the British government uses his legal status as a political refugee—rather than a citizen or national—against him. They are simply washing their hands of his case, claiming no responsibility to negotiate with the US for his release on behalf of his human rights or his family (who are British nationals).

On the other hand, the Libyan government has taken great interest in Omar’s capture and is eager to receive him. If the US determines that there is no case against him, which is likely, he may be released to the Libyan government. Thus far, the Libyan government has been diplomatically ‘responsible’ for Omar. (That should sound strange) Omar’s attorney, Clive Stafford Smith, has stated that the Libyan delegations sent to Omar have threatened his life. (No, really?)

Now, some background I’m privy to.

Omar’s family fled Libya after his father, Amer Deghayes, a respected attorney & Notary Public, was executed by the Libyan regime for refusing to support them. I do not know the government’s version of what happened, but Amer Deghayes was one of the victims of the ‘revolutionary’ government’s squashing of domestic opposition in the late 70s. This is not an allegation—it is fact. (The link will take you to a rough time line of Libya’s political history…scroll down to the late 70s)

So what does this mean?

One, Omar is not the only person in this situation. There are a number of people that were captured in Afghanistan and Pakistan (and God knows where else) who have already been sent to secret internment camps all over the world in countries known to use torture. There are plenty of people that are currently at risk of the same fate or of eternal imprisonment without due process or even a semblance of fair trial, as a post on Émigré’s blog highlights here.

Moreover, Omar’s case tests two claims that have been repeatedly thrown around in the last 5 years. The first claim is that the US or UK has respect for human rights, or that they act on the principle of human rights at all. The second one is the supposed changing of tides by the Libyan regime.

First we have the celebratory announcements of productive talks, normalized relations, and cooperation with ‘rehabilitated terrorists’ like:

The top U.S. diplomat for the Middle East had "productive" talks with Libyan officials in Tripoli this week as the two nations continue to work to improve relations, the U.S. State Department said on Thursday. Assistant Secretary of State William Burns met Libyan leader Mu'ammar al-Qadhafi (photo) and other officials on Wednesday and Thursday. "Burns held productive and thorough discussions in Tripoli ... continuing the step-by-step process of improvement in U.S.-Libyan relations," the department said in a statement. "He reaffirmed the goal of fully normalized relations, as the U.S. and Libya build cooperation on counter-terrorism, the peaceful resolution of regional conflicts, and economic and political modernization," it added. [Reuters: 11 Feb 2005].

and

The United States said Friday that Libyan diplomats can travel freely in the country, a latest sign of improving relations between the two longtime antagonists. …"These steps will ease our ability to conduct normal diplomatic functions in Libya and Libya's ability to do the same here," Boucher said. [Xinhua: 12 Feb 2005] (same source)

and tea and scones with Downer in Australia (same site).

And then we have a not so pleasant reality shaping up for Libyan dissidents or suspected dissidents and their supporters.

The status of human rights in Libya is reiterated in Amnesty International’s 2004 report. Libya Watch even has a list for your perusing convenience.

Some more recent victims are Ali Sadegh Alhuni and Fathi al-Jahmi.

Predictably, Qadhafi tells us that what we see is in fact NOT really what we see:

Libyan leader Mu'ammar al-Qadhafi said that there were no prisoners of conscience in the country and that he was open to any calls for an international investigation. "Those who accuse us of holding prisoners of conscience are wrong. Those (countries) in the world that wish to come and check, may come," he told the Peoples Congress, or parliament in Syrte. "We are holding only heretics, those who use religion to foment * coups d'etat and attack societies and the entire world," he added, a reference to Islamic extremists. In a report published in April 2004, Amnesty International reported that the Libyan authorities had released nearly 300 prisoners between 2001 and 2002. However Amnesty also said that Libya continued to violate basic human rights and that a "climate of fear" persisted in the country. [AFP: 12 Jan 2005]

Uhuh…I guess he would know about ‘fomenting’ coups, wouldn’t he?

To be fair, I’ll include this: Libyan League for Human Rights January 2005 letter on the Qadhafi’s recent move to abolish the “People’s Court”…though what will replace it remains unknown.

Then again, I wonder if these guys were escaping the positive developments in Libyan politics:

They didn't want to go back to Libya, to put it mildly. It took 36 Norwegian police guards to escort 19 Libyans out of the country, after their attempts to win asylum in Norway were turned down. Here's one of the Libyans who didn't want to board the flight out of Norway … The would-be Libyan refugees were denied asylum after Libya started cooperating with western nations. A consul at the Libyan embassy in Copenhagen, which has responsibility for Norway, said none of the men sent back to Libya last month faced political problems, and claimed all were now home living with their families. [Aftenpolten: 15 Feb 2005].

Perhaps they didn’t get the memo. Perhaps Omar didn’t either.

Or perhaps it’s all smoke and mirrors, covering up for a clearly anti-democratic anti-human rights government in exchange for economic gain. Sound familiar?

Let’s get real: Given Omar’s political standing in Libya, his release to the government would essentially be a death sentence. There is no doubt in my mind that he would never again be seen. Cynical or honest?

I will say that I view positively even the minutest opening of access to Libya since this allows some information exchange rather than the black hole effect we’ve had for decades. Moreover, I do recognize it would not have been possible without conscious shifts within the regime.

However, I retain the right to remain skeptical of what the Bush administration champions as a victory when my reality speaks to something different. If economic liberalization is even related to human rights, as proponents of politically scientific liberalism claim, what’s occurring now under the guise of the ‘War on Terror’ is the antithesis.

I worry for us.

If you read this, please do not ‘congratulate’ any Libyan you meet on the changing of our country’s status in relation to the West. Congratulate yourselves on your economic victory, but keep in mind our human cost. As far as I can see, the situation for Libyan political refugees and dissidents has worsened.

I love my country, but, in my mind, that means that I love my people. The government is irrelevant to my sense of loyalty. I agree with the concepts of populism and even socialism (in theory), but I know too much of what’s been done in their name to entertain any excuses for governments that claim to represent either.

For those interested in the human side of Guantanamo prisoners, check out Cageprisoners.com where they have been tracking as many prisoners as they can.