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Africa North

Fair Qaddafi trial in Libya impossible: ICC lawyer

2012-07-07

THE HAGUE: A war crimes lawyer who was detained in Libya for three weeks on spying allegations said on Friday her experience showed it was impossible for the son of slain dictator Muammar Qaddafi to get a fair trial in his home country. And who would know more about fair and speedy trials than the ICC? I guess it all depends on your definition of "fairness," doesn't it? Melinda Taylor, who was assigned to assist Seif Al-Islam Qaddafi defend himself before the International Criminal Court (ICC), was imprisoned in Zintan along with three colleagues last month after being accused of smuggling documents to her client which her captors said threatened national security. Her ordeal came as The Hague-based court was preparing to rule whether Libya is capable of offering Seif Al-Islam a fair trial for war crimes he allegedly committed during the NATO-backed revolt that toppled his father last year. He denies the charges. Libya has so far refused to extradite him, saying it would prefer to try him in its own courts and has challenged the ICC's jurisdiction. Possession is at least 9/10's, remember, particularly once you've hanged him... But Taylor, an Australian, said her experience showed Seif Al-Islam had no chance of receiving a fair trial in Libya. 'Fair' is in the eyes of the beholder... "These recent events have completely underscored that it will be impossible for Mr. Qaddafi to be tried in an independent and impartial manner in Libyan courts," she told reporters in The Hague. "The rights of my client were irrevocably prejudiced during my visit to Zintan." Taylor spent three weeks in a prison in the western mountain city of Zintan after meeting Seif Al-Islam, who is being held at a secret location by Zintanis, on June 7. Authorities in Zintan, which is only loosely under the control of the interim government in the capital Tripoli, had made it impossible for her to defend Seif Al-Islam effectively, she added, confiscating privileged documents and listening in on conversations meant to be confidential. But they weren't planning to turn Seif over to you so it's not a big deal... Libya is not a member of the court, but the ICC was granted jurisdiction by the UN Security Council last November. Taylor and her colleagues, from Lebanon, Russia and Spain, were only released after 26 days when the ICC issued a carefully-worded apology to Libyan authorities. Libyan authorities accused Taylor of smuggling documents that endangered national security, charges she denied. On Friday, Taylor said all the documents were legitimate and relevant to Seif Al-Islam's case however, and that Libya had violated his right to privileged contact with a lawyer. An internal inquiry at the court - which was founded a decade ago to try war crimes around the globe - is looking into her imprisonment. Gee, wonder what they'll decide? She works for the ICC's office for the defense, which represents suspects in the initial stages of their trial and was visiting Qaddafi to advise him on his choice of defense lawyer. Johnnie Cochran wasn't available? The ICC employees were held in a prison surrounded by tanks for almost three weeks and were allowed one five-minute telephone conversation with their families, Taylor said.

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Africa North

Libya will not hand Seif Al-Islam to ICC

2012-04-09

TRIPOLI: Libya will not send Seif Al-Islam Qaddafi, the most prominent son of the country's former leader, to the International Criminal Court (ICC) in The Hague, but will put him on trial in his own country, Justice Minister Ali Ashour said on Sunday. Seif Al-Islam remains in a secret prison in the custody of the Zintan rebels who caught him last year and will be tried in Libya by Libyan judges on charges of financial corruption, murder and rape, Ashour told Reuters. Despite the ICC's demands that he be sent to The Hague for trial, "there is no intention to hand him (Seif Al-Islam) over to the ICC, and Libyan law is the right system to be used to try Saif Qaddafi," Ashour said. Seif, buddy, you'd better open a bigger bag of Kruegerrands... He denied allegations of mistreatment made by an ICC defense lawyer, who said this week that Seif Al-Islam had been beaten and had been misled about the charges against him. "He eats with the people who guard him, and he is in good condition," he said. Pressure is mounting on Libya to hand Qaddafi's son to the ICC as human rights organizations say the country is unable to give him a fair trial. Then again, the ICC can't give anyone a fair trial if by fair you include a timeline that proceeds faster than geologic... An ICC delegation arrived in Tripoli on Sunday to discuss Seif Al-Islam's case with the justice ministry, Libya's representative in the ICC, Ahmad Al-Jahani, told Reuters. Ashour said his ministry had prepared a prison for Seif Al-Islam and negotiations were under way with the Zintan rebels to transfer him to Tripoli. The ICC says it has jurisdiction over the case because it issued warrants last year for the arrest of Muammar Qaddafi, Seif Al-Islam and intelligence chief Abdullah Al-Senussi, who was arrested last month in Mauritania. A UN Security Council Resolution obliges Libya to cooperate with the court, the ICC says, and Tripoli's failure to hand over Seif Al-Islam could result in it being reported to the Council. Which would then do what? I think this is what the ICC really fears, that it would be show to be toothless. Seif Al-Islam faces the death penalty if found guilty by a Libyan court and a prison term if convicted by the ICC. On Wednesday, the ICC ordered Tripoli to "comply with its obligations to enforce the warrant of arrest" and surrender Seif Al-Islam to the court's custody without delay. The ICC had earlier given Libya until Jan. 10 to say whether and when it would surrender Seif Al-Islam and to provide information about his health, then extended the deadline to February. Ashour declined on Sunday to give details of how Seif Al-Islam would be tried or of preparations for his trial, saying only that the judicial committee responsible for the trial had not yet been created. "Carla del Ponte to the yellow courtesy phone, Ms. del Ponte..."

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Africa North

International court tells Libya to hand over Seif

2012-04-05

THE HAGUE, Netherlands: The International Criminal Court has told Libyan authorities to surrender former dictator Muammar Qaddafi's son -- wanted by the permanent tribunal for crimes against humanity. If I were running Libya, my answer would be a curt 'no'. I'd tell the ICC that as a sovereign country, Libya is perfectly capable of trying and executing a man who had murdered many of his countrymen. I would then accuse the Euros of being imperialists for implying that Libya can't dispense justice. Then I'd watch the Euros squirm... Yes, but you are devious and cynical, unlike the simple, well-armed Libyan rebels, who firmly believe all they've been told about international organizations. Seif Al-Islam Qaddafi was arrested in November by rebel fighters in Libya's remote southern desert, and has been held largely without access to the outside world since then. Libyan authorities say they plan to put him on trial, and -- despite requests from The Hague -- have so far taken no action to hand him over. Hmm... Perhaps I was wrong about their simplicity. In a written ruling published Wednesday, judges at the court rejected a request by Libya to postpone handing over Seif and urged the country's rulers to "proceed immediately with the surrender." Seif's father also was indicted by the court but was killed by rebel fighters in October. The Libyans are gonna wish they'd just whacked Seif by the time this is over.

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Africa North

Weeks needed to disband Libyan militias: Defense chief

2011-12-20

TRIPOLI: It will take weeks to rid Libya's streets of the militias that ousted Muammar Qaddafi, and months to form an army fit to take their place, Defense Minister Osama Al-Juwali said Monday. His comments signaled a rift with others in Libya's interim leadership who have called repeatedly for the heavily armed militias that swept into Tripoli in August to quit the capital and set them a deadline of the end of this month. "I think this issue will be resolved in a month and a half, approximately. I'm not setting any deadlines," Al-Juwali said in an interview with Reuters. Two months after Qaddafi was captured and killed, real power resides with the militias that ousted him and have since carved up the country and capital into competing fiefdoms, each holding out for the share of power they say they are owed. Turf wars risk spiraling out of control. Al-Juwali was endorsed by Libya's National Transitional Council as defense minister in November, thanks largely to the clout wielded by the rebels he commanded in the western mountain town of Zintan. The Zintan fighters played a major role in the fall of Tripoli. They now control the international airport and the fate of Seif Al-Islam Qaddafi, the ousted leader's most prominent son, who was captured by Zintan fighters on Nov. 19. Without a fully functioning army or police, Libya's interim government is struggling to stamp its authority on the oil-producing North African country. Senior officials, including commanders of the nascent army, have called on the gun-toting militias to return to their homes, and the council in Tripoli has set a deadline of end-December. Zintan fighters have already fought gunbattles with the commander of Libyan ground forces and his sons. The army spokesman blamed "rogue militias" and said they would "clear the city of weapons." But Al-Juwali conveyed no sense of urgency. He said the government was working on a plan, but provided few specifics. "There is a general plan to bring the fighters in," he said. "Part of them will join the Defense Ministry, others the Interior Ministry. There is another plan at the Ministry of Labor to rehabilitate and train these fighters, and I think this plan will be approved soon." That way they can have dueling ministries, not just dueling militias... "I think the army will be ready to take on its responsibilities before the end of the transitional government," said Al-Juwali. The interim government is due to rule until an election mid-next year. Al-Juwali said the government was analyzing the needs of the national army and what hardware it might seek from abroad. He mentioned military transport planes, specifically US-made C-130 transport aircraft. In the meantime, the Western powers behind the NATO air war against Qaddafi's forces are pressing for the weapons that swept through the country to be secured and accounted for, fearing they might fall into the hands of religious extremists. "Libya could enter the Guiness Book of World Records, it has so many weapons," Al-Juwali said. "By the time this government ends, we will have the weapons under control and in safe places, and the revolutionaries (former rebel fighters) will help collect them."

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Africa North

Seif should be tried in Libya first: minister

2011-11-01

TRIPOLI: Seif Al-Islam Qaddafi will not escape justice and should be tried in Libya for murder, corruption and "many things" before an international court questions him, the country's interim justice minister said on Monday. Mohammed Al-Alagi said he did not want Seif Al-Islam, now on the run, to meet the same fate as his father, former leader Muammar Qaddafi, who was beaten, abused and shot after forces of Libya's National Transitional Council captured him on Oct. 20. But he said anything could happen if there was a battle when Seif Al-Islam was found. Translation: it'd be too bad if he didn't live long enough to be hanged... "It depends when and where they got him. If he was under fire, in crossfire, for example, nobody could guarantee he would survive. But if they arrested him, I think he would be safe," Alagi told Reuters in an interview. "It's better if he (Seif Al-Islam) faces trial in Libya but that needs guarantees of a fair trial of international standards. The Libyan justice system is normal. The Libyan justice system should try him here first and then, if he needs to, he can face international justice," Alagi said. The International Criminal Court (ICC) wants to try the 39-year-old for crimes against humanity. Its prosecutor said on Sunday he had "substantial evidence" that the London-educated Seif Al-Islam had helped hire mercenaries to attack Libyan protesters against his father's 42-year rule. Alagi said he would like to see him tried by the Hague-based court to show the world what he had done, but said the legal process would depend largely on where he was found. "If he's in Libya we will arrest him. If he's outside, the ICC will arrest him. If he's in a country that has signed the Rome statute (that set up the court), he will be arrested. I'm not worried that he'll escape," he said. He will be charged with "killing people, stealing money, corruption ... They will find many things to charge him with." Alagi said he had been in contact with the ICC but declined to say what had been discussed. Seif Al-Islam may be heading for Niger, which risks upsetting its own pro-Qaddafi Tuareg nomads if it hands him over to the ICC in line with its treaty obligations. It has promised to do so if the wanted man shows up on its territory. The fugitive Libyan has been in indirect contact with the ICC over a possible surrender, although he may hope that mercenaries could spirit him to a friendly African country. Algeria, which took in Seif Al-Islam's mother, sister, brother Hannibal and half-brother Mohammed, is not a signatory to the treaty that set up the ICC. Nor is Sudan or Zimbabwe. Alagi said he did not know which intermediaries Seif Al-Islam was using and that Libya's new rulers were not involved. Asked if he believed NTC fighters would kill Seif Al-Islam, he said: "I hope not really. I would not like to see that happen, I think he will face trial in Libya or outside Libya. "Myself, I want to see him tried in the ICC. I want the international community to see what he did." If we all live long enough...

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Africa North

'Substantial evidence' against Qaddafi son: ICC

2011-10-31

They'll now take a decade to evaluate the 'substantial evidence', and another decade to have Carla del Ponte to prosecute him. That gets him to about age 55, which is a lot older than he'll get if he stays in Libya. BEIJING: The prosecutor for the International Criminal Court (ICC) said on Sunday he has “substantial evidence” that Seif Al-Islam Qaddafi, son of Libya’s toppled leader, was involved in organizing attacks on civilians and hiring mercenaries. Luis Moreno-Ocampo also said he met Seif Al-Islam several years ago, and Seif Al-Islam had backed the ICC’s efforts to arrest Sudanese President Omar Al-Bashir over alleged genocide and other crimes in Darfur. Of course he did. That was different. Duck-man was playing games. “We have a witness who explained how Seif was involved with the planning of the attacks against civilians, including in particular the hiring of core mercenaries from different countries and the transport of them, and also the financial aspects he was covering,” Moreno-Ocampo told Reuters in Beijing, where he was attending an academic conference. Moreno-Ocampo then clarified that he meant he had multiple witnesses, and not just one. “So we have substantial evidence to prove the case, but of course Seif is still (presumed) innocent, and (will) have to go to court and the judge will decide,” he said. In about twenty years. Perhaps the Slobodan Milosevic presidential suite is available there at the hotel prison at The Hague... Moreno-Ocampo said he was planning to fly to New York to brief the United Nations Security Council on Wednesday about the court’s work in Libya. The ICC said on Saturday that Seif Al-Islam was in contact via intermediaries about possibly surrendering, but it also had information that mercenaries were trying to take him to a friendly African nation where he could evade arrest. The court has warned Seif Al-Islam, 39, apparently anxious to avoid capture by Libyan interim government forces in whose hands his father Muammar Qaddafi was killed last week, that it could order a mid-air interception if he tried to flee by plane from his Sahara desert hideout for a safe haven. Intercept? With whose airplanes? “We received through an informal intermediary some questions from Seif apparently about the legal system — what happens to him if he appears before the judges, can he be sent to Libya, what happens if he’s convicted, what happens if he’s acquitted,” said Moreno-Ocampo. “We are not in any negotiations with Seif,” he said. “It’s up to Seif Qaddafi to decide if he is surrendering himself, staying in hiding, or trying to escape to another country.” The court will not force Seif Al-Islam to return to Libya provided another country is willing to receive him after he is either cleared of any charges or serves his sentence, said Moreno-Ocampo. He also recalled that he had met Seif Al-Islam a couple of years ago, and he had seemed supportive of the court’s work, including its efforts to arrest and try Bashir for his alleged role in atrocities in Sudan’s divided Darfur region. Before a popular uprising imperiled his father’s grip on Libya, Seif Al-Islam had cast himself as an enlightened supporter of reform at home and across the Arab world. “I met Seif once in Berlin in a gala dinner for justice and he mentioned to me that he would support my efforts to do justice in Darfur, and in fact a couple of times he made public statements proposing to arrest President Bashir, and he was calling me to inform me that he did it,” said Moreno-Ocampo. The prosecutor said that Seif Al-Islam’s apparent metamorphosis did not shock him. “Nothing surprises me,” he said. “After all these years, nothing surprises me.”

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Africa North

Qaddafi’s son denies he ordered civilians killed

2011-07-02

TRIPOLI, Libya: The son of Libyan leader Muammar Qaddafi, who like his father is a wanted man under an international arrest warrant, denies that either of them ordered the killing of civilian protesters in Libya as prosecutors charge. Seif Al-Islam Qaddafi told Russian news channel RT in an interview posted online Friday that “most of the people” died when they tried to storm military sites, and that guards fired on them under standing orders to protect the bases and themselves. However, documents from the International Criminal Court outline multiple instances in which the tribunal prosecutors allege government troops fired on civilian protesters during anti-Qaddafi street demonstrations earlier this year. Seif Al-Islam wore a thick beard and traditional sofa clothes in the interview. He denounced the international court seeking his arrest as controlled by the NATO countries now bombing Libya. “This court is a Mickey Mouse court ... For me to be responsible for killing people, it was a big joke,” he told the Russian state-funded network. The Netherlands-based tribunal on Monday issued arrest warrants against the Libyan leader, his son Seif Al-Islam and intelligence chief Abdullah Al-Sanoussi. The three are accused of orchestrating the killing, injuring, arrest and imprisonment of hundreds of civilians during the first 12 days of an uprising to topple Muammar Qaddafi from power, and for trying to cover up their alleged crimes. Presiding Judge Sanji Monageng of Botswana has said that hundreds of civilians were killed, injured or arrested in the crackdown, and there were “reasonable grounds to believe” that Qaddafi and his son were both responsible for their murder and persecution. But Seif Al-Islam denied that he and his father specifically ordered protesters to be killed. “Of course not,” he said, arguing that government troops fired on protesters out of self-defense. “Nobody ordered. Nobody. The guards fired. That’s it. ... The guards were surprised by the attacking people and they start ... firing. They don’t need an order to defend themselves,” he said. In the interview, Seif Al-Islam accused Western nations of intervening in Libya because they are after the country’s oil and other resources. He said the goal is “to control Libya,” and he vowed to fight on. “Nobody will give up. Nobody will raise the white flag,” he said. “We want peace, but if you want to fight, we are not cowards. ... We are going to fight.” On Thursday, the French-2 network aired an interview with Muammar Qaddafi’s daughter Aicha, who said her father’s government is in direct and indirect negotiations with Libyan rebels. She didn’t elaborate, but said that to end the spilling of Libyan blood “we are ready to ally ourselves with the devil, with the rebel army.”

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