1.  The Libyan League for Human Rights wishes to add its voice to the many voices that have already called for the release of Mr. Tayseer Allouni, who has been detained in Spanish prisons since November 2004 without being charged with any offence meriting all the physical and mental suffering to which he has been subjected.

 2.  The League is addressing this appeal to the Spanish Socialist Government because it fears that, if the latter continues to shield itself behind the principle of the separation of powers in order to wash its hands of all responsibility in this affair, the democratic course of the Spanish State will be severely impeded. Mr. Allouni is currently suffering, not from the exercise of independent judicial authority, but rather from violations of the principles of an equitable judicial system and a fair trial, without which no democracy can take root. Unless a rapid solution is found, there is a danger that the Allouni affair will turn into a weapon in the hands of forces opposing and seeking to undermine the democratic achievements made by the Spanish people since their victory over Franco’s dictatorship by weakening one of the most important democratic principles, namely the principle of an equitable judicial system and a fair trial.

 3. In this regard, the League cannot but appeal to the Socialists in power, who were previously victims of Franco’s State terrorism for more than 40 years, to refrain from the practices of State terrorism in which they are now engaging against Mr. Allouni by, firstly, releasing him and subsequently, if necessary, requiring him to answer any legitimate charges brought against him, in conformity with the principles of the newly established Spanish democracy for the consolidation of which the Socialists and the Spanish people as a whole have struggled so hard.

 4. The harsh conditions under which Mr. Allouni continues to be detained, and which are causing a constant deterioration in his health, are a matter of grave concern, particularly since his detention is of an arbitrary nature and inconsistent not only with the principles of a fair and public hearing laid down in article 14 of the International Covenant on Civil and Political Rights but also with the United Nations Guidlines on the Role of Prosecutors (art. 13).

 5. Like the Spaniards during the Franco era, the Libyans have also experienced various forms of State terrorism throughout the last 35 years, including physical liquidation, summary execution, enforced disappearance, a non-independent judiciary and unfair trials to which hundreds of innocent Libyans have fallen victim. For this reason, we feel particularly sympathetic when writing about the Allouni affair since we realize the extent of the mental and health-related hardships being experienced not only by Mr. Allouni but also by his wife and children, his friends and his colleagues.

 21 February 2005  allibyah@yahoo.com