ICC Response To The Libyan Government For Time Extension & Admissibility Challenge
Excerpts:
Pre-Trial Chamber I (the “Chamber”) of the International Criminal Court (the “ICC” or the “Court”) issues the following decision on the “Libyan Government Request for Status Conference and Extension of Time to file a Reply to the Responses to its Article 19 Admissibility Challenge” (the “Request”).!
The Chamber notes article 19 of the Rome Statute, rule 58 of the Rules of Procedure and Evidence, regulations 24, 34 and 35 of the Regulations and articles 31, 33, 34, 37, 39-42 of the Code of Professional Conduct of Counsel (the “Code of Conduct”).
With respect to the questions raised as to the continuing appointment of the OPCD counsel as counsel for Mr Gaddafi, the Chamber notes that no procedure as to the allegations against ICC staff members is currently under way at the Court for the reasons given by the Registry.!^ The Chamber also notes that in light of the regime set out in Chapter 4 of the Code of Conduct, in particular articles 31, 33, 34, 37 and 39, the procedure related to investigations into the alleged misconduct by counsel does not fall within the competence of the Chamber.
In light of the foregoing, the Chamber is of the view that convening a status conference to discuss the continuing representation of Mr Gaddafi by counsel from the OPCD given the alleged breakdown in their relationship with the Libyan Government, or the “progress of the ICC investigation into the conduct of the OPCD counsel” would not be useful or appropriate.
With respect to the need to obtain an update as to the progress of the appointment of the Libyan Ministry of Justice team and the establishment of a new timetable for proceedings related to the Admissibility Challenge, the Chamber is of the view that these matters do not warrant convening a status conference as they may be expeditiously dealt with in writing.
However, the Chamber notes the fact that Mr Gaddafi has been detained for almost nine months and that the Admissibility Challenge was filed more than three months ago, on 1 May 2012. Furthermore, materials presented by the OPCD suggest that the Libyan authorities have recently announced their intention to commence the trial against Mr Gaddafi in Zintan in September 2012.21
In view of the foregoing and with the aim of preventing undue delays in the resolution of the Admissibility Challenge, the Chamber deems it necessary to receive a report as soon as possible as to the following:
(i) the status of the appointment of the Minister of Justice, Attorney- General and Prosecutor-General in Libya and counsel’s ability to take instructions from them;
(ii) the status of domestic proceedings against Mr Gaddafi, including whether he has been appointed a lawyer for this purpose; and
(iii) the conditions of detention of Mr Gaddafi.
21. Upon receipt of this report, the Chamber will determine whether to set a new date for a written reply or whether to receive such a reply together with other submissions from all parties and participants at a hearing to be convened to discuss all relevant issues related to the Admissibility Challenge.
22. Finally, the Chamber is of the view that in light of foregoing, it is not appropriate to grant Libya’s Request for leave to reply to the OPCD and the Registrar’s submissions.
FOR THESE REASONS, THE CHAMBER DECIDES to suspend the time limit of 13 August 2012 set for Libya’s reply to the Responses;
REQUESTS counsel for the Government of Libya to file as soon as possible and no later than 7 September 2012, an update as to:
(i) the status of the appointment of the Minister of Justice, Attorney-General and Prosecutor-General in Libya and counsel’s ability to take instructions from them;
(ii) the status of domestic proceedings against Mr Gaddafi, including whether he has been appointed a lawyer for this purpose; and
(iii) the conditions of detention of Mr Gaddafi; and REJECTS Libya’s Request for a Status Conference; REJECTS Libya’s Request for leave to reply to the OPCD and the Registrar’s submissions.
Judge Silvia Fernandez de Gurmendi
Presiding Judge
Please read the entire document.
Response to the Libyan Government Request for a Status Conference and Extension of Time to file Reply to the Responses to its Article 19 Admissibility Challenge
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