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A fighter loyal to the internationally recognised Government of National Accord watches as smoke rises in the distance during clashes with forces loyal to Khalifa Haftar, in Espiaa, about 40km south of Tripoli on 29 April 2019.
A fighter loyal to the internationally recognised Government of National Accord watches as smoke rises in the distance during clashes with forces loyal to Khalifa Haftar, in Espiaa, about 40km south of Tripoli on 29 April 2019. Photograph: Fadel Senna/AFP/Getty Images
A fighter loyal to the internationally recognised Government of National Accord watches as smoke rises in the distance during clashes with forces loyal to Khalifa Haftar, in Espiaa, about 40km south of Tripoli on 29 April 2019. Photograph: Fadel Senna/AFP/Getty Images

UN expert on breaches of Libya arms embargo must be released by Tunisia

This article is more than 4 years old
Letter: As a member of the UN panel of experts on Libya, Dr Moncef Kartas enjoys diplomatic immunity. His detention is a serious violation of Tunisia’s international obligations

We, the undersigned, call for the immediate release of Dr Moncef Kartas, who has been unlawfully detained by the Tunisian authorities since 26 March 2019. As a member of the panel of experts of the United Nations security council committee established pursuant to resolution 1973 (2011) concerning Libya, Dr Kartas enjoys immunity under the UN convention on the privileges and immunities (1946). This includes immunity from arrest or detention. The UN secretary-general has confirmed in multiple notes verbales to the Tunisian authorities that at the time of his detention, Dr Kartas was performing his official mission. The detention of Dr Kartas by the Tunisian authorities is, therefore, a serious violation of Tunisia’s international obligations. Further, his detention is a direct impediment to the work of the committee, having occurred at the same time that the panel of experts is preparing its interim report.

Dr Kartas, a dual national of both Germany and Tunisia, is being investigated for the premeditated betrayal of secrets concerning Tunisian national security to foreign states or their associates. A conviction for such crimes could lead to the death penalty. Only the UN secretary general has the right to waive the immunity for experts such as Dr Kartas. Tunisia, a signatory to the convention since 1957, has not presented any request for or evidence justifying a waiver of his immunity. No evidence has been presented for the alleged cooperation of Dr Kartas with foreign states or their associates in the betrayal of secrets pertaining to Tunisian national security. The detention of Dr Kartas on spurious grounds, and in violation of his immunity, raises serious questions over the state of the rule of law in Tunisia.

Dr Kartas enjoys the highest reputation within the research community and among international and non-governmental organisations. We, the undersigned, personally know and value Dr Kartas as a committed researcher and practitioner with impeccable ethical and professional standards. Dr Kartas has consistently demonstrated his commitment to promoting the rule of law and security, particularly in North Africa and in Tunisia. Since 2016, Dr Kartas has investigated breaches of the UN-imposed embargo on arms to Libya for the UN panel of experts. Through this work, Dr Kartas seeks to contribute to peace and security in Libya, which in turn directly serves the interests of Tunisia’s national security. Dr Kartas has worked and published widely on issues of conflict transformation and armed violence reduction for many years. He led a multi-year project focused on understanding and mitigating armed violence in north Africa for Small Arms Survey, a Swiss non-governmental organisation, during which he regularly briefed senior officials in the Tunisian defence, interior and foreign ministries. He has also regularly provided training and advice to Tunisian and Libyan security officials on strategy and policy development.

We express full solidarity with Dr Kartas and his family. We reiterate that Dr Kartas is being illegally detained and call upon the United Nations secretary general, the member states of the security council Libya sanctions committee, and, in particular, the German government, to condemn the actions of the Tunisian government and to undertake all efforts to secure his immediate release. We call upon the government of Tunisia to respect the immunity afforded to Dr Kartas under international law and to release him immediately.

Naji Abou Khalil, Consultant, Former member of the UN panel of experts on Libya
Sharhabeel Al Zaeem, Senior Partner, Al Zaeem & Associates Attorneys at Law
Omar Al-Shahery, Senior Cyber Intelligence Analyst, National Cyber Forensics and Training Alliance (NCFTA)
Anna Alvazzi del Frate, Director of Programmes, Small Arms Survey
Rita Amthor-Kartas, Wife of Moncef Kartas
Nils Anders, Chief Analyst on Terrorism, UN Multidimensional Integrated Stabilization Mission in Mali (MINUSMA)
Scott R. Anderson, Fellow, The Brookings Institution
Ali Arbia, Researcher, Small Arms Survey
David C Atwood, Consultant, Small Arms Survey
Aslı Ü Bâli, Professor of Law, University of California Los Angeles
Christelle Balustre-d’Erneville, Translator
Souhail Belhadj, Researcher, Graduate Institute of International and Development Studies, Geneva
Eric Berman, Director, Small Arms Survey
Thomas Biersteker, Professor of International Security, Graduate Institute of International and Development Studies, Geneva
Linda Bishai, Director of Research, Evaluation & Learning, American Bar Association
Ricardo Bocco, Professor, Graduate Institute of International and Development Studies, Geneva
Marina Caparini, Senior Researcher and Director, Governance and Society Programme, SIPRI
Jovana Carapic, Researcher, Small Arms Survey
Benoit Challand, Associate Professor, Sociology, Scuola Normale Superiore, Florence
Houssem Cheikhrouhou, Tunis
Amely Cheminel, Student
James Cohen, Executive Director, Transparency International Canada
Barbara Corcoran, Conference and Events, Yale Law School
Joshua Craze, Researcher, Small Arms Survey
Omar Dajani, Professor of Law, McGeorge School of Law
Savannah de Tessières, Former Coordinator of the UN Panel of Experts on Libya
Renee DeMatteo, Senior Conference and Events Manager, Yale Law School
Olivia Denonville, Publications Coordinator, Small Arms Survey
Emilia Dungel, Communications Coordinator, Small Arms Survey
Issandr El Amrani, Middle East and North Africa Regional Director, Open Society Foundations
Hasnaa El Jamali, Project Associate, Small Arms Survey
Owen Fiss, Sterling Professor Emeritus of Law, Yale Law School
Mary Fitzgerald, Libya Researcher
Nicolas Florquin, Research Coordinator, Small Arms Survey
Steve Fry and Sihem Kortas, Founder & Managing Partner, Essential Jet Solutions
Vincent Geisser, Professor, Sciences Po Aix-en-Provence
Claudio Gramizzi, Head of Regional Operations West Africa, Conflict Armament Research
Sharan Grewal, Postdoctoral Fellow, The Brookings Institution
Janis Grzybowski, Assistant Professor in Political Science, Université Catholique de Lille
Xavier Guignard, Lecturer, Sciences Po Paris
Kathrin Hansen, Friend
Wibke Hansen, Head of Analysis, Center for International Peace Operations (ZIF), Berlin
Farrah Hawana, Lecturer in International Politics & Security, Aberystwyth University, UK
Bernard Haykel, Professor of Near Eastern Studies, University of Princeton
Bradley Hayes, Sterling Professor of Law, Yale Law School
Matt Herbert, Senior Fellow, Global Initiative Against Transnational Organized Crime
Holger Hoffmann and Family, Friends
Stephanie C Hofmann, Professor of Political Science, Graduate Institute of International and Development Studies, Geneva
Aiko Holvikivi, PhD Candidate, London School of Economics and Political Science (LSE)
Zuzana Hudáková, Postdoctoral Researcher, Center for International Studies, Sciences Po Paris
Jonas Hult, Human Rights Consultant
Matt Johnson, Editor, Small Arms Survey
Oliver Jütersonke, Head of Research, Graduate Institute of International and Development Studies, Geneva
Ben King, Independent Consultant
Adel Kartas, Brother of Moncef
Masayo Kondo Rossier, Lead, Humanitarian-Development Nexus, United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
Kazushige Kobayashi, Post-doctoral Researcher, Graduate Institute of International and Development Studies, Geneva
Keith Krause, Professor, Graduate Institute of International and Development Studies, Geneva
Anthony Kronman, Sterling Professor of Law, Yale Law School
Wolfram Lacher, Senior Associate, German Institute for International and Security Affairs
William Lawrence, Professor of Political Science, George Washington University
Jonah Leff, Director of Operations, Conflict Armament Research
Darryl Li, Assistant Professor of Anthropology, University of Chicago
Chiara Loschi, Postdoctoral Fellow, University of Vienna
Chibli Mallat, Professor of Law, University of Utah
Tamer Mallat, Lawyer, New York
Fiona Mangan, Independent Consultant
Andrew F. March, Associate Professor, University of Massachusetts, Amherst
Nancy McDonald, Senior Technical Specialist, Global Communities
Justine McGowan, Advisor, CARE
Leanne McKay, Independent Consultant
Meriam Meddeb, former colleague and friend
Mark Micalleff, Senior Fellow, Global Initiative Against Transnational Organized Crime
Alexander Ochs, Founder & Director, SD Strategies
Soli Ozel, Visiting Fellow, Yale Law School
Mathieu Pellerin, Research Associate, Institut français des relations internationales (Ifri)
Duncan Pickard, Associate, Debevoise & Plimpton
Gisbert Pöppler, Friend
Mihaela Racovita, Lisbon, Portugal
Luca Raineri, Research Fellow, Sant’Anna School of Advanced Studies, Pisa
Aziz Rana, Professor of Law, Cornell Law School
Sandra Reimann, Head of Finance & Administration, TRIAL International
Mara Redlich Revkin, Robina Foundation Fellow, Yale Law School
Audrey Reeves, Assistant Professor of Political Science, Virginia Tech, USA
Tuesday Reitano, Deputy Director, Global Initiative Against Transnational Organized Crime
Christelle Rigual, Post-Doctoral Researcher, Graduate Institute of International and Development Studies, Geneva
Dennis Rodgers, Research Professor, Graduate Institute of International and Development Studies, Geneva
Kristof Rüdt von Collenberg, Friend
Eskandar Sadeghi-Boroujerdi, Postdoctoral Fellow, University of Oxford
Gabriella Sanchez, Florence, Italy
Wael Sawah, Editor-in-Chief, The Syrian Observer
Habib Sayah, Director, Complexity
Yezid Sayigh, Senior Fellow, Carnegie Endowment for International Peace
Rahul Schwenk, Founder & Partner, good friends Public Affairs
Mark Shaw, Director, Global Initiative Against Transnational Organized Crime
Steven Spittaels, Former Coordinator of the UN Panel of Experts on Libya
Francesco Strazzari, Associate Professor, Sant’Anna School of Advanced Studies, Pisa
Samir SM Sumaida’ie, Former Interior Minister of Iraq, former Iraqi Ambassador to the US
Nedal Swehli, Executive Director, Diwan
Jérôme Tubiana, Researcher, Paris
Bibi van Ginkel, Senior Research Fellow, Clingendael Institute/International Centre for Counter-Terrorism, The Hague
Judith Vorrath, Senior Associate, German Institute for International and Security Affairs
Frederic Wehrey, Senior Fellow, Carnegie Endowment for International Peace
Patrick Weil, Directeur de recherche, Université de Paris 1, CNRS
Achim Wenmann, Senior Researcher, Graduate Institute of International and Development Studies, Geneva
Isabelle Werenfels, Senior Fellow, German Institute for International and Security Affairs
Thorsten Wetzling, Head of Research, Stiftung Neue Verantwortung

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