Update 06.09.2012.
Extend the establishment of Saif al-Islam Gaddafi in prison
Trial may be delayed Saif al-Islam Gaddafi because of the arrest of former Libyan intelligence chief Abdullah al-Sanusi.
This came in a statement Taha Avarh Assistant Attorney General in Libya made today by September 6. read more
here
Update 29.08.2012.
Travesty of Justice: 'No chance Gaddafi son gets fair trial in Libya'
Update 23.08.2012.
Saif Al islam to be tried in September – prosecutors [RT]
Slain Libyan leader Muammar Gaddafi’s son Seif al-Islam will go on trial in September in the town of Zintan, the prosecution's spokesman said on Thursday.
Seif has been held in the town since last November. “A committee from the prosecutor general's office has completed its investigation into the crimes committed by Seif al-Islam [Gaddafi] from the start of the revolution on February 15 [2011] and has prepared the charge sheet,” spokesman Taha Nasser Baara told AFP.
GNC First Deputy Prime Minister Mustafa Abushagur has denied reports that Saif Qaddafi is to be put on trial next month in Zintan without involvement from the International Criminal Court (ICC).
“Discussions are ongoing, but no decision has been made. There has been no agreement to hold the trial in Zintan, and there has been no agreement to hold the trial next month”.
The deputy prime minister also rebutted the suggestion that the Libyan government planned to hold the trial independent of any involvement from the ICC.
“We would like the ICC to be involved”, he said. “We want this trial to be as fair as possible”.
For one hand of power to act without the other hand knowing about it is not uncommon in Libya. Famously, Prime Minister Abdurrahim Al-Kib announced in May that British police could fly to Tripoli to re-open the case of WPC Yvonne Fletcher without telling anybody at the Interior Ministry beforehand.
“I am not aware of these claims”, said ICC Spokesman Fadi El-Abdallah.
“The position of the court is very clear. We have an arrest warrant outstanding for Saif Qaddafi, and this has been suspended pending the outcome of the challenge to the admissibility of the case started by the Libyan authorities”.
Update 20.08.2012.
Libya vs. The ICC: Stalemate over Saif and Senussi
Problematically, however, Libya still does not have custody over Saif or Senussi. Despite numerous declarations by the NTC that he would be transferred to Tripoli, Saif remains in the hands of the Zintan brigade that arrested him in November 2011, who have refused to surrender Saif to Libya’s national authorities. It is also widely believed that the Zintan militia used their custody of Saif as leverage to get local commander Osama al-Juwali appointed as Libya’s interim defence minister.
More recently, the Zintan brigade has insisted that Saif be tried in Zintan rather than Tripoli. Libyan authorities appear to have conceded to this position as the chief Libyan prosecutor in Saif’s case, Milad Abdul-Nabi Dekali, confirmed that Colonel Gaddafi’s son would be tried in Zintan. Given the unwillingness of the Zintan brigade to cooperate with the NTC, it is far from clear that Libyan authorities themselves would be able to conduct the trial. The NTC handed power over to a newly elected national assembly on August 8, but it is unclear at this early stage whether this will make a difference to negotiations around the trials.
http://thinkafricapress.com/libya/icc-game-no-winners-rome-statute-saif-gaddafi-senussi-ntc-zintan
Update 31.07.2012.
SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL-ISLAl^ GADDAFI and ABDULLAH ALSENUSSI
Original ICC document link
Unsigned statement/sentiments from Mr, SaifAl Islam Gaddafi 7 June 2012, Zintan
1. I want to face justice.
2. I want to do so because I believe that Libya, the victims in Libya, the intemationally
community and myself- all have a right to the truth, and for the truth to be made
public,
3. / would have liked to have been tried in Libya by Libyan judges under Libyan law in
front ofthe Libyan people. But what has been happening in my case cannot be called a trial
4. The truth is only possible in a fair and impartial trial,
5. There will be no truth if I am kept locked up and silenced in a remote mountain village, with no or very limited possibility to speak to my lawyers in order to convey my defence,
6. There will also be no truth if witnesses are faced with possible life sentences for simply testifying in my favour, there is no security or protection for them, nor any consequences if these witnesses are threatened and killed,
7. There will certainly be no justice in the case, if the prosecution is based on evidence extracted from torture and other inadmissible evidence, or persons who are too scared to say the truth,
8. I am not afraid to die but if you execute me after such a trial you should just call it murder and be done with it.
9. would also prefer to live to see Libya become a democracy based on human rights and respect for the rule of law, but you cannot expect democracy to flourish if all the Libyan people see are show trials run by political expediency,
10. Over a year ago, representatives of the NTC asked the international community to intervene so that the Libyan people could have justice, I am asking for exactly the same thing - the only way for Libya and the Libyan people to have justice is for the ICC to try this case in a fair, impartial and independent manner, and, in so doing, set standards, which Libya can follow on its future path to democracy and the rule of law,
11. These were the sentiments, which Mr. Gaddafi wished to convey to the Honourable Pre-Trial Chamber, based on the views he had provided to the OPCD on 3 March 2012, and reconfirmed on 7 June 2012. When Mr. Gaddafi attempted to sign this statement after reading it, the guard, who had informed the ICC delegation through the interpreter that he was illiterate, did not understand English and that his sole purpose of being present was to ensure issues of physical security, confiscated the statement and brought it to Dr. Gehani to read.
Saif Al Islam - The NATO's ICC and the NATO's Libyan government are locked in a dispute over where Saif should be tried.
"The only way for Libya and the Libyan people to have justice is for the ICC to try this case in a fair, impartial and independent manner," he was quoted as saying in a defence document submitted to the court on Tuesday.
"I would have liked to have been tried in Libya by Libyan judges under Libyan law in front of the Libyan people," Saif was quoted as saying in the document, issued after ICC lawyers visited him last month.
"There will also be no truth if witnesses are faced with possible life sentences for simply testifying in my favour," he said. "I am not afraid to die but if you execute me after such a trial you should just call it murder."
His lawyer Melinda Taylor said after her release she believed it would be "impossible" for Saif to be tried in an independent and impartial manner in Libyan " courts".
His lawyer Melinda Taylor and four ICC staff members were freed earlier this month after being held in Libya four almost four weeks while visiting Saif on behalf of the court.
Update 23.03.2012.
But in Libya who will be judge?
" THE HAGUE/TRIPOLI: The International Criminal Court said on Monday it has not decided whether Saif al-Islam Gaddafi, son of the overthrown Libyan leader Muammar Gadhafi, should be tried in Libya, contradicting earlier comments by a Libyan minister.
Libya and the international war crimes court appear to be at loggerheads over where Saif al-Islam's trial should take place.
Depending on the outcome, Gadhafi's most prominent son could either face the death penalty in his home country [?] , or the prospect of awaiting trial in a comfortable detention center known as "The Hague Hilton"[?] in the Netherlands, with no risk of capital punishment.[Yes ... Like every prisoner almost all are dead or seriosly sick:
Update 15.02.2012.
Saif Gaddafi not to be handed over - The Chief of the National Security Authority in the western region, Libya, Tarek El-Kafali, said that the handover to the governing authorities of the son of late Colonel Muammar Gaddafi, Saif Al-IslamGaddafi, is not expected to take place for the time being, as the parties involved are not ready to conduct the trial and the juridical authorities are not established yet.
Update 31.01.2012.
The Chairman of the Zintan media Committee of the health status of son of Gaddafi
"very stable and does not suffer from any diseases if required any interference which arrangements will be confirmed with the Government to provide all treatments", pointing out that "the psychological status of Saif is stable, and is still the same convictions, and somewhat the same arrogance, but psychologically it became stabilized rebel wisdom mentally and feel safe, and there will be a fair trial for him".
Khalid Al Zintani said:
"Allowed detainees in the testimony of humanitarian organizations, since the beginning of the revolution, visit telephone for several minutes to check", noting that the buzzes trying to reach such treatment to other regions where detainees, and " if this command ends congestion".
And whether there were any attempts from relatives or supporters of Gaddafi to release Saif or negotiate, Al Zentani said:
" There is no ... We generally thanks to the wisdom of the guerrillas and commanders and ethical dealings with Saif made his relatives and supporters, away from such things, in considering resistance or attempt to smuggle ... The security situation has not noticed any movement or any attempt ".
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| Saif Al Islam is still in Zilten |
Update 23.01.2012.
Who are ICC judges - you can se here or here or here or here or here maybe here etc... Who give right to them to be judges?
But in Libya who will be judge?
" THE HAGUE/TRIPOLI: The International Criminal Court said on Monday it has not decided whether Saif al-Islam Gaddafi, son of the overthrown Libyan leader Muammar Gadhafi, should be tried in Libya, contradicting earlier comments by a Libyan minister.
Libya and the international war crimes court appear to be at loggerheads over where Saif al-Islam's trial should take place.
Depending on the outcome, Gadhafi's most prominent son could either face the death penalty in his home country [?] , or the prospect of awaiting trial in a comfortable detention center known as "The Hague Hilton"[?] in the Netherlands, with no risk of capital punishment.[Yes ... Like every prisoner almost all are dead or seriosly sick:
The ICC issued an arrest warrant for Saif al-Islam last year after prosecutors accused him and others of involvement in the killing of protesters during the revolt that eventually toppled his father in August.
But when militia fighters captured Saif al-Islam in November, Libya said it wanted to try him at home.
The ICC has given Libya a Jan. 23 deadline to confirm whether and when it would surrender Saif al-Islam and to give information about his mental and physical health. It also asked Libya to answer concerns, raised by activists, that Saif al-Islam was being held incommunicado, without access to lawyers.
ICC spokesman Fadi El-Abdallah said that the court had received information on Monday from Libya but declined to give details, saying it was confidential.
He added that the judges had not made a decision on whether Saif al-Islam could be tried in Libya, contradicting comments by Libya's minister of justice.
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| Saif Al Islam |
Update 10.01.2012.
