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FACTS OF THE CASE:

The case of the five Bulgarian nurses and a Palestinian doctor convicted of deliberately infecting Libyan children with HIV is finally coming to a head, with their final appeal to the Libyan supreme court set for November 15th. On 6 May 2004 a Libyan court convicted the five nurses and the doctor of deliberately infecting more than 400 children with HIV and causing the death of over 40 children. If they lose the appeal, the nurses and doctor face death by firing squad.

The medical professionals, nurses Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka and Snezhanka Ivanova Dimitrova, and Palestinian doctor, Ashraf Ahmad Jum'a, have repeatedly claimed their innocence. Expert witnesses, including Dr. Luc Montagnier, the researcher who first isolated the HIV virus, testified that the children's infections were caused by poor hygiene at the hospital and not an international conspiracy or intentional actions on the part of the nurses and doctors as the prosecution has claimed. Furthermore, experts assert that the infection had already begun before the accused started working at the hospital, and continued to spread after they were arrested. The initial indictment claimed the medics were attempting to undermine Libyan state security, and were working for Mossad, the Israeli intelligence service. Although that charge has been dropped, they still face the death penalty.

The nurses signed confessions, however they claim the confessions were extracted under torture. Torture methods reported to Amnesty International included electric shocks; being suspended from a height by the arms; being blindfolded and threatened with being attacked by barking dogs; and beatings, including falaqa (beatings on the soles of the feet), and being beaten with electric cables. The nurses and doctor have been imprisoned now for seven years.

Ivailo Kalfin, Bulgaria's foreign minister, reports that negotiations to secure the nurses' release are "not moving well." Libyan officials have suggested that the Bulgarians pay $10 million in compensation for each of the 420 children allegedly infected with AIDS (the same amount Libya was required to pay to families of the victims of the bombing of Pan Am flight 103 over Lockerbie, Scotland in 1988). The payment of “blood money” would allow Libya to dismiss the case under Islamic law. The Bulgarian government has rejected this solution, Mr. Kalfin saying "This is absolutely unacceptable. You pay blood money if you are guilty."

A prominent pan-Arab newspaper, Asharq al-Awsat, reported in early November, 2005 that Libya was considering dropping the death penalty in a deal brokered with US and European negotiators. Libyan officials, however, have denied this statement and report that there is no plan at this time to abandon the death penalty.

(Sources of information for this case include: International Herald Tribune, Baltimore Sun, Reuters, Reuters Alertnet.)

RELEVANT HUMAN RIGHTS STANDARDS

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
• Article 09: No one shall be subjected to arbitrary arrest, detention or exile.
• Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Expressing your extreme concern about the death sentences handed down to five Bulgarian nurses and a Palestinian doctor for allegedly infecting children with the HIV virus in a Libyan hospital;
• Expressing your extreme concern with reports that the medical workers were subject to torture while in detention; and
• Requesting that the medical professionals have access to their legal representation in the appeal process.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

His Excellency Muhammad Misrati
Secretary of the People's Committee for Justice and General Security
Secretariat of the People's Committee for Justice and General Security
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
Libya
Salutation: Your Excellency

His Excellency Mu'ammar al-Gaddafi
Leader of the Revolution
Office of the Leader of the Revolution
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
Libya
Salutation: Your Excellency

Dr. Muhammad 'Abduallah al-Harari
Secretary for Legal Affairs and Human Rights of the General Peoples' Congress
P.O. Box 84662
Tripoli
Great Socialist People's Libyan Arab Jamahiriya
LIBYA
Salutation: Dr. Abduallah al-Harari

COPIES SENT TO:

Mr. Ali Suleiman Aujali
Minister
Libyan Liaison Office
2600 Virginia AVE NW
Suite 705
Washington, DC 20037
Fax: 202-944-9606
Salutation: Dear Mr. Minister

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Sarah Olmstead, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6787; email shrp@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

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