Family of murdered photojournalist Anton Hammerl bring case against Libya before United Nations Human Rights Committee

London, Thursday 12^th December 2024 – Penny Sukhraj-Hammerl, the widow of murdered photojournalist Anton Hammerl, has filed a complaint against Libya at the United Nations Human Rights Committee. Anton was murdered in Libya on 5^th April 2011 by forces loyal to Muammar Gaddafi (Colonel al-Qadhafi). 

The Human Rights Committee is a specialist UN Treaty Body which monitors the implementation by States of the International Covenant on Civil and Political Rights. Ms Sukhaj-Hammerl’s complaint both (i) seeks accountability against Libya for Anton’s death in 2011, and (ii) it also alleges that Libya has violated the bereaved family’s rights in the 13 years since his murder. She claims that Libya has violated Anton’s right to life, freedom of expression, and failed to fulfil its obligations to prevent violence against journalists; and that Libya has breached Anton’s family’s own rights to know the fate of their relative and to properly investigate Anton’s death.

The filing comes on Anton’s birthday, 12^th December 2024, when he should have been turning 55. 

Background

It is now over 13 years since Anton, a South African photojournalist who was living with his family in the UK, travelled from London to Libya in 2011 to cover the nation’s civil war. On 5^th April 2011 Anton was killed by Gaddafi loyalists. 

Three journalists who were together with Anton at the time he was fatally wounded – James Foley, Clare Gillis and Manu Brabo - were captured and detained by the Libyan authorities. For 44 days, Anton’s family was falsely led to believe that Anton was still alive and campaigned for his release alongside the families of the other journalists. However, on 19^th May 2011, following the three journalists’ release, Anton’s family discovered that he had been killed weeks before. His remains have never been located and there has been no investigation into the circumstances of his killing or the aftermath by Libyan (or indeed, any other country or law enforcement or investigative body). Anton was a dual South African-Austrian citizen, and a UK resident at the time of his death. He and his family were Londoners, living in the UK. Penny Sukhraj-Hammerl and the couple’s sons.  

Anton’s death came in the context of a hostile environment towards journalists, promoted and endorsed by the Gaddafi Government, which resulted in systematic targeting of journalists by the Libyan Government and associated forces. That environment has been recognised by the Special Commission of Inquiry into all alleged violations of international human rights law in the Libyan Arab Jamahiriya report dated 1^st June 2011. Colonel al-Qadhafi had a long-standing negative attitude toward press freedom but around the civil war this attitude deteriorated even further, particularly toward foreign journalists. For example, in a speech by Colonel al-Qadhafi on 2nd March 2011 he stated “Libya doesn’t like foreign correspondents … They shouldn’t even know about the weather forecasts in Libya, because we are suspicious” and his Foreign Minister reportedly described foreign journalists who entered Libya “illegally” as “outlaws” and advised that the Libyan Government “would not be responsible for their safety”.

Anton’s widow, Penny Sukhraj-Hammerl, has attempted to pursue all available angles to obtain information about Anton’s death and the whereabouts of his remains, and to secure accountability and justice for Anton’s killing and disappearance. Having made several fruitless attempts to receive information or even to enter any dialogue with Libya over its failures in respect of Anton’s death and subsequent lack of investigation, she now has filed a complaint directly with the UN Human Rights Committee. This is a last-stop effort by Ms Sukraj-Hammerl to require Libya to take responsibility for its actions towards Anton, and all foreign journalists in Libya at the time, as well as to answer her outstanding questions about the nature and circumstances of Anton’s death. 

Reaction to the Filing before the UN Human Rights Committee

Speaking today, Ms Sukhraj-Hammerl says:

“Today should be a day of celebration – Anton’s 55^th birthday. He should be surrounded by family and loved ones, and doing the job he loved.

Instead, Anton was cruelly taken from us over 13 years ago, in 2011. After years of seeking answers from the Libyan authorities, to no avail, today we are taking legal action to hold Libya to account. I hope and pray this important step will help in the fight for justice for Anton.”

Caoilfhionn Gallagher KC, international counsel to Ms Sukhraj-Hammerl, said:

“When Anton Hammerl entered Libya in 2011, Gaddafi’s forces were suspected of serious violations of international law, including war crimes and crimes against humanity. Anton travelled there to report and to document - to bring the world accurate accounts of what was truly happening. He then became a victim of the regime’s criminal actions himself, killed for being a journalist.

Libya bears responsibility for Anton’s murder in 2011. It also bears responsibility for the multiple violations of international law which have occurred in the 13 years since, and the continuing breach of the bereaved family’s right to know Anton’s fate. It is long past time for Libya to be held to account for its failures.” 

Max du Plessis SC added: 

“The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its States parties, and strives to ensure that all the civil and political rights guaranteed by the Covenant can be enjoyed in full and without discrimination. 

Libya has failed Anton Hammerl and his family for thirteen long years. We hope that the Committee will now vindicate their rights and hold Libya to account.”

Ms Sukhraj-Hammerl is represented by an international legal team comprising Caoilfhionn Gallagher KC, Max du Plessis SC, Tatyana Eatwell, Catherine Meredith and Rosa Polaschek of Doughty Street Chambers, London.

In South African matters Ms Sukhraj-Hammerl is represented by a team which includes counsel Max du Plessis SC and Catherine Kruyer, and a solicitor team at Webber Wentzel led by Dario Milo.

A PDF version of this press release is available here.

*Ends*

Notes for editors:

1. Anton Hammerl was an award-winning photojournalist. To learn more about him, his work, and the #JusticeforAnton campaign visit www.justiceforanton.com and see @Justice_4_Anton on X.

2. Ms Sukhraj-Hammerl and Ms Gallagher KC are available for interview or comment. For any media queries, please contact c.gallagher@doughtystreet.co.uk.

3. The UN Human Rights Committee is an independent body of experts that can receive and consider individual communications, also known as complaints, from or on behalf of a person or group of persons claiming to be victims of a violation of the Covenant by a State party. The complaint has been brought by two complainants: Anton Hammerl (deceased) and Penny Sukhraj-Hammerl. Once the complaint is registered, it will be sent to the State Party (Libya) for comment. Ms Sukhraj-Hammerl will then have an opportunity to respond. The Committee will then issue a written decision.