“Saif al-Islam Gaddafi, former Prime Minister Baghdadi al-Mahmoudi and Abdullah al-Senussi will be put on trial as soon as questioning is completed within the next month,” Justice Minister Salah Maraghni said on Libyan national television, and Libya’s Attorney General, Taha Bara, added “the country is not obliged to hand him (Saif Al Islam Gaddafi) over to the ICC…he will be tried in Zintan as they are now fully equipped to host the trial.”
With regards to Saif Al Islam Gaddafi and Abdullah Al Senussi, Libya is bound by UN Resolution 1973 to abide by the International Criminal Court’s pending decision from their admissibility hearing.
The GNC have failed thus far to meet the prerequisites for admissibility as outlined by the ICC.
They have not conducted professional investigations into charges against the prisoners. They have no suitable location to move the prisoners to or adequate facilities to hold a trial for Saif Gaddafi and Abdullah Senussi.
They have not provided the ICC with evidence that they are willing and able to conduct fair trials and protect potential witnesses. The very mention of holding a trial in Zintan is alarming.
(See Dr. Omar Brebish, Former Libyan Ambassador In Paris, Tortured To Death by the Zintan Militia ; Zintanis Demand Saif Al Islam Gaddafi Be Tried in Zintan ; In Their Own Words: The Official Zintani Position With Regards To Saif Al Islam Gaddafi ; Zintan Rebel Commander Intends To Ensure No Gaddafi Ever Holds A Position Of Power In Libya )
Also of concern is the regime’s frequent mention of “questioning” Abdullah Al Senussi. This means interrogation and the regime’s extensive human rights abuses are well documented. Many prisoners have died during “questioning”.
(See Torture Of Libya’s Political Prisoners: Statement From Doctors Without Borders ; Torture Of Prisoners With Impunity In “The New Libya” And Law 38 ;Torture & Illegal Detention: A National Strategy Urgently Needed For Justice System ; UN Mission Voices Concern Over Detainee Deaths Resulting From Torture ; NTC Must Investigate Death Of Another Tawargha Man Under Torture ; Torture And Abuse In Lawless Libya ; Black People In Post-Gaddafi Libya Caged By NATO’s “Revolutionaries” ; The Names Of Over 1000 Political Prisoners In Libya Detained Because They Are Black ; الشيخ الشهيد محمد الشندولي)
A lawyer should be present during interrogation and none of the prisoners have legal counsel. The authorities continue to deny them access to an attorney and to family and friends who could appoint legal representation.
They also deny prisoners the right to presumption of innocence, which is the quintessential basis of “fair trials”.
There are also videos showing Mr. Al-Senussi’s head being shaved, whilst he is dressed in blue prison garb.3 In Libya, when a defendant is convicted, the defendant’s head is shaved and the colour of their detention clothes changes from white to blue – it is not permissible to clothe them in blue or shave their head during the investigation phase, or prior to judgement. The public dissemination of such videos further demeans the defendant, and exacerbates public perceptions of his guilt.
It should be noted that during the June 2012 visit, Mr. Saif Al-Islam Gaddafi was also wearing blue prison overalls – which signifies that the authorities consider his guilt to be pre-judged.
ICC-01/11-01/11-206 11-09-2012 3/5 CB PT – Addendum To Request To Submit Observations Re: Abdullah Al Senussi & Saif Al Islam Gaddafi
Abdullah Al Senussi has not yet received treatment for a potentially fatal liver disease and Saif Gaddafi has been denied medical treatment for injuries suffered from torture during detention.
Although it is suspected that the ICC have made a secret deal with the Libyan authorities, there have been no official statements released that can verify if this has actually happened.
Please see the following reports for more detailed information:
- ICC Accomplices To Murder In The Cases Of Saif Al Islam Qadhafi And Abdullah Al Senussi
- ICC Defense Respond To The Libyan Authorities’ Demand To Hold Saif Gaddafi’s Trial In Libya
- Dr. Baghdadi Al-Mahmoudi’s Trial Begins Monday, November 12, 2012
- Dr Baghdadi Al-Mahmoudi, Abdul Ati Al-Obeidi And Mohammed Al-Zwai Faced Trial In A Tripoli Court Today
- Libya Court Postpones Dr. Baghdadi Al-Mahmoudi’s Trial
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