A/HRC/13/42* page 115 system or deemed to present a security threat, to hold them incommunicado for prolonged periods and deny them access to lawyers, in breach even of the limited safeguards set out in the country’s Code of Criminal Procedure.440 In addition, Human Rights Watch recently reported on continuing practices of incommunicado and secret detention in the Libyan Arab Jamahiriya.441 234. In 2007, the Human Rights Committee adopted its final views in Edriss El Hassy v. Libya (communication No. 1422/2005). The Committee held that the alleged incommunicado detention of the author’s brother, from around 25 March to 20 May 1995, and again from 24 August 1995 “to the present time” constituted a violation of articles 7 and 9 of the International Covenant on Civil and Political Rights.442 With respect to article 6 of the Covenant, the Committee held that, as the author had not explicitly requested the Committee to conclude that his brother was dead, it was not for it to formulate a finding on article 6. 235. In 2005, the Working Group on Enforced or Involuntary Disappearances received the case of Hatem Al Fathi Al Marghani, who was reportedly held in secret detention by the Libyan Security Services from December 2004 to March 2005. During that period, he was not informed of any charges against him nor brought before a judge. He was allegedly detained for having publicly expressed his dissatisfaction with the arrest and condemnation to execution of his brother on the grounds of endangering State security.443 236. In 2007, the Working Group on Arbitrary Detention reported on the case of Mohamed Hassan Aboussedra, a medical doctor who was arrested by agents of the Internal Security Services in Al-Bayda on 19 January 1989. The agents had no formal arrest warrant and no charges were laid against him. His four brothers were also secretly detained for three years until information was made available that they were detained at Abu Salim prison. On 9 June 2005, Mr. Aboussedra, who was also held at Abu Salim, was moved to an unknown location by agents of the Internal Security Services, in spite of a judicial order for his release. After being sentenced to a prison term of 10 years in 2004, the Appellate Court ordered his release on account of the years that he had already spent in prison, from 1989 until 2005. Mr. Aboussedra was not released, however; he was kept in detention and transferred to an unknown location. He has been 440 “Libya: Amnesty International completes first fact-finding mission in five years”, Amnesty International news release, 29 May 2009, available from www.amnesty.nl/voor_de_pers_artikel/49650. 441 Human Rights Watch, “Truth and justice can’t wait; human rights developments in Libya amid institutional obstacles”, 12 December 2009. See, in particular, chapter VII on the Internal Security Agency. 442 See also Youssef El-Megreisi v. Libyan Arab Jamahiriya, Human Rights Committee communication No. 440/1990. 443 E/CN.4/2006/56, para. 331.