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Libya Wants Saif Gaddafi Trial in Tripoli

Libya Wants Saif Gaddafi Trial in Tripoli

Said al-Islam Gaddafi was the likely successor to his father Muammar el-Gaddafi before the Libyan uprising. Since November, the former playboy has been held in what was formerly a living room in a compound in Zintan, a mountain town about 100 miles southeast of Libya’s capital of Tripoli, after being captured in the southern Libyan desert. Under United Nations rules, Libya is obliged to hand him over to the International Criminal Court, which has indicted him on charges of crimes against humanity for his participating in the torture, murder, rape and bombardment of the Libyan rebels with his father.

But Libya appears to be defying the UN and the ICC by planning to hold its own trial of Saif Gaddafi in Libya. 39-year-old Gaddafi will probably be transferred this week to a specially built fortress-prison in Tripoli. According to the Guardian, Tripoli had told the ICC that it would begin a formal process to try Gaddafi on home soil on April 30. But Mustafa Abdul Jalil, Libya’s leader, has separately said that Gaddafi’s trial will begin on April 13.

According to court documents, Xavier-Jean Keita, principal counsel for the Hague’s defense office, has only been allowed to visit Gaddafi once. Keita was told that Gaddafi has not been charged with any international crimes but for “alleged failure to have licences for two camels, and cleaning of fish farms.” Wrote Keita in documents filed with the court:

“It is clear that the ICC will not be in a position to render its decision on the admissibility of the case until after Mr Gaddafi has been tried, and potentially sentenced and executed. The postponement of Mr Gaddafi’s surrender could therefore be at the cost of his life.”

As the Guardian says, Libya’s apparent refusal to co-operate with the ICC “raises questions about the new regime’s commitment to the rule of law.” Libya has also not yet announced what charges Gaddafi might face and, as some noted at the time of his capture, Gaddafi’s case could become a human rights issue, despite the brutalities that he himself has been accused of.

Libya has also been accused by human rights groups of allowing suspects to be tortured in detention centers. Amnesty International’s Marek Marczynski says that the “justice system in Libya continues to be virtually paralyzed,” with the government still not having created a functioning court system. Gaddafi has also not yet been granted “access to a lawyer, family visits or even, court documents show, a dentist to deal with chronic toothache.”

Should Gaddafi be released to the ICC, a number of international investigators will wish to question him, about his role in brokering a deal allowing convicted Lockerbie bomber Abdelbaset al-Megrahi to be freed in 2009 and whether oil contracts to BP were part of this, and whether he arranged to have Libyan funds sent to the election campaign of president Nicolas Sarkozy in 2007.

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Photo of Martyrs' Square in Tripoli by Foreign and Commonwealth Office

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14 comments

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9:32PM PDT on Aug 31, 2012

Pls sign petition for Saif Gaddafi http://www.causes.com/causes/643725-urgent-appeal-let-saif-see-his-lawyer/actions/1648276

petition2 - http://www.thepetitionsite.com/1/surrender-saif-al-islam-gaddafi-to-the-icc/

4:33PM PDT on Apr 10, 2012

F&5ch ICC. Saddam Hussein was murdered before he could witness about the aid he had from USA to produce mustard gas, with USA consent. The west seems to think they have all the answers. Qadaffi committed the crimes in Libya, he should be charged in Libya. Solve the problems with US crimes before attacking Libyan actions. Bush should go to court. Let Libya solver their own problems which will be more fair than the innocent gapto vistims

7:16AM PDT on Apr 10, 2012

Thank you for the article...

5:23AM PDT on Apr 10, 2012

ICC should first get hold of Bush and his cronies for crime against Humanity before going for Gaddafi family

5:15AM PDT on Apr 10, 2012

Sheila H.

Yes. And I think, in addition, that the West is breathing a sigh of relief that he might be bumped off before the revelations he would undoubtedly make at the Hague can become public property.

5:01AM PDT on Apr 10, 2012

Quite right, Jillian. Very true.

4:59AM PDT on Apr 10, 2012

I may be wrong, but I thought it was for the ICC to try a person if that person's own country was unable or unwilling (for whatever reason) to try them. In this case, Libya is willing and determined to try him, so let them get on with it. I suspect the western nations pushing the ICC are doing so in order that they can have some control over what information comes out at a trial. After all, if he is tried in Libya, information might come out about the dirty dealings some western nations had with the Ghaddafi regime, and that would be.... well, embarrassing, to say the least.

4:57AM PDT on Apr 10, 2012

Of course he should be tried in Libya. The US is the first to claim that a criminal should be tried in the country in which the crime was committed. Accept of course if a US Serviceman massacres a family in Afghanistan, then he must be rushed home.

10:34AM PDT on Apr 9, 2012

He will get what he deserves! Thanks for the information Kristina.

10:15AM PDT on Apr 9, 2012

Noted with interest

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