I remain bewildered by these applications filed by Nick Kaufman.
I agree that the family have the right to know the circumstances of Muammar and Mu’tasim Gaddafi’s deaths and should have official death certificates for each. I also agree that there should be a full investigation into their deaths and that the family have the right to know where their loved ones are buried. It is obvious and understandable that the family are traumatized by these tragic events. However, inappropriate or ineffective actions on behalf of their legal counsel only serve to further traumatize.
It is obvious that the NTC are incompetent to provide Saif or any prisoner with a “fair trial”, but as Saif is not a criminal and has not been charged with any crime since his detention in Libya, demands should be made for his immediate release in accordance with the laws of war.
This is an appropriate action,
Aisha Gaddafi Wants Investigation Into The Murder Of Her Father And Brother
This was not as is explained in the article introduction,
The ICC Denies Aisha Gaddafi’s Appeal On Behalf Of Saif Al Islam
One lawyer I consult with stated,
This recent action is totally misconceived and is in the interests of Nato. The ICC prosecutor makes charges against the family members and this now grants both legitmacy to the ICC and thereby the charges against Saif if he is ever produced.
I will be watching for the outcome with interest and will post the court documents when they are available.
The Hague — Aisha Gaddafi filed on February 21 a formal petition at the International Criminal Court (ICC) seeking an authorized copy of her father’s death certificate. She requests, among others, to be granted by the court the status of victim.
Moammar Gaddafi was killed on October 20, 2011. On November 4, the Libyan Embassy in The Hague faxed his death certificate to the ICC Registry. The case opened against Gaddafi in June 2011 for crimes against humanity was subsequently dropped.
Aisha Gaddafi’s lawyer Nick Kaufman said Wednesday that a fax is not a legal document. He added that he has been requesting an official death certificate for months, without any success.
In December, Aisha Gaddafi filed a request to be granted the status of victim before the ICC, due to “the severe psychological trauma she has suffered and continues to suffer after witnessing [on TV] (…) the savage torture and brutal murder of her late father”.
“She has no idea whatsoever where her late father is buried nor has she the opportunity to grieve at his graveside”, Kaufman stated. According to the Geneva conventions, Aisha Gaddafi has the right to know the circumstances of her father’s death.
Kaufman said Libya’s reluctance to disclose the death certificate shows it is even less likely to turn over documents such as an autopsy report.
The lawyer also intends to show that Libya’s National Transitional Council isn’t capable of holding a fair trial for Aisha’s brother Saif al-Islam, who was arrested in November 2011 and has since then been jailed in Libya without being allowed to see a lawyer.