Regarding these applications, a lawyer advised me as follows:
“The submissions made to the ICC were rejected on the grounds that they are not questions before the ICC and thus the ICC can not accept representations or rule on these issues. The lawyer should have made appeals to UN human rights bodies concerning fair trial and arbitrary detention.”
No. ICC-01/11-01/11 1/6 2 February 2012
ORIGINAL ICC ISSUANCE:
SITUATION IN THE LIBYAN ARAB JAMAHIRIYA
LIBYA’S RESPONSE TO THE ICC’S ISSUANCE OF ARREST WARRANTS – OFFICIAL LETTER TO THE INTERNATIONAL CRIMINAL COURT
ICC DECISION TO TERMINATE THE CASE AGAINST MUAMMAR MOHAMMED ABU GADDAFI
SITUATION IN LIBYA IN THE CASE OF THE PROSECUTOR v. SAIF AL-ISLAM GADDAFI and ABDULLAH AL-SENUSSI [I]
ICC Rejects Aisha Gaddafi’s Appeal
The International Criminal Court (ICC) said on Thursday it had rejected a request by former Libyan leader Muammar Gaddafi’s daughter to submit information in the case of her brother, who is awaiting trial in Libya on rape and murder charges.
Saif al-Islam Gaddafi, who was captured disguised as a Bedouin in the Sahara desert in November, has also been indicted by the ICC on charges of crimes against humanity stemming from Libya’s civil war last year.
On Tuesday, Aisha Gaddafi had asked the court if she could give information about attempts she has made to contact Saif al-Islam, and submitted a document suggesting the Libyan authorities were unwilling to let any foreign lawyer act for him.
The court said on Thursday that it had rejected both Aisha’s request and a similar one by human rights activist Mishana Hosseinioun. Both requests were “misplaced and contrary” to court procedures, a panel of judges said ruled.
Libya’s ruling National Transitional Council says Saif al-Islam should be tried at home and would be given a fair hearing. The ICC has reserved the right to insist that he be sent to The Hague.
Saif al-Islam’s supporters say they doubt he will be given a fair trial in Libya and that he should be tried instead by the ICC in The Hague.
He faces the death penalty if found guilty by a Libyan court, but only a prison term if convicted by the ICC.
The ICC has jurisdiction over the case because it issued a warrant last year for the arrest of Muammar Gaddafi, Saif al-Islam, and the Libyan leader’s intelligence chief, Abdullah al-Senussi.