Original: French
A.
Facts of the Matter
7. According to the aforementioned Communication, on 19 November 2011,
the National Transitional Council which was then recognised as the
Government of Libya, arrested the Detainee and kept him in isolation
without access to his family, friends or any lawyer. The Detainee who was
not charged with any offence and, worse still, was not brought before any
court, is reportedly being kept in a secret location. It alleges that "the victim's
life is in danger and his physical integrity and health exposed to the risk
of irreparable harm".
8. In the circumstances , on 18 April 2012 , as requested by the author of
the Communication, the Court issued an Order for Provisional Measures
to pre-empt any irreparable harm to the Detainee. However, the
Respondent State ignored the provisional measures despite reminders
addressed to the latter by the Court.
B. Alleged Violations
9. According to the Application , Libya allegedly violated Articles 6 and 7
of the Charter, relating respectively to , the right of every individual to
liberty and to the security of his person and the right to have one's cause
heard , due to the fact that the Detainee was deprived of his fundamental
rights , as he was kept continuously in secret detention since 19