The Justice Ministry of the internationally backed government of accord has retreated, to some extent, after a campaign of criticism of its “shameful” demand as described by many legal experts, the International Criminal Court to try Dr. Saif al-Islam Gaddafi, who received a general amnesty from the House of Representatives which is the legislative body in charge.
Shameful in the retreat of the ministry that it violates the video recording of hearings that took place within the International Criminal Court at its headquarters in The Hague, over the past Monday and Tuesday, claiming in a statement, on Saturday, read by “Og” it never accepts the competence of any other jurisdiction to try any Libyan citizen, regardless of his political orientation.
In its statement, which described Saif al-Islam as “the master” instead of the word “accused”, which the minister repeated before the court, the ministry said that her presence before the International Criminal Court compelled him to comply with UN Security Council Resolution 1970, adding that she had previously contested international jurisdiction in the case of the Director of Military Intelligence. Former Libyan Brigadier General Abdullah al-Sanusi, was able to emerge from this conflict with the recognition of the International Criminal Court on the ability of the national judiciary to try al-Sanusi fairly in accordance with international standards.
She claimed that her recent appearance before the International Criminal Court on 12 and 13 November in The Hague in the Hague confirms the jurisdiction of the Libyan judiciary in view of the charges attributed to Saif al-Islam, and that he already walked in this trial and that he is able to continue, and that the Libyan judiciary has not yet exhausted his mandate, claiming that Do not accept that anyone get away with it or try to adapt laws to get them out of their content, according to the statement.
The Ministry stated that it could not tolerate what it called “legal inaccuracies” in contravention of the rules of trial in the criminal articles concerning the description of the judgment against Saif al-Islam by the Criminal Chamber of the Tripoli Court of Appeal, which it had raised in defense and which was not in his favor.
The Ministry of Justice of the Government of Accord called on Saif Al-Islam’s defense, if he is serious in his proposal and believes in the fact that his client is entitled to a general amnesty, to push this before the national judiciary and prove the conditions of granting amnesty to their client as it is the only competent authority to implement this law, as it claims, as the door It is still open.
Mohamed Abdel Wahed Lamloum, Minister of Justice of the internationally backed government of Accord, told the International Criminal Court last Tuesday that the Amnesty Law No. 6 of 2015 is one of the means signed by the acts of volunteerism with impunity, and therefore the law can not be applied to murder Murder on identity and crimes against humanity are generally provided for in article III of the fourth and sixth paragraphs. Murders of identity, kidnapping, enforced disappearance, torture and corruption of all kinds are excluded from the Amnesty Law on an objective basis.
On the procedural point of view, assuming that some of the crimes attributed to Saif al-Islam are covered by the amnesty law, the conditions for granting an amnesty are not available to him. This is what Saif al-Islam did not do, according to his claim, and this commitment is not binding in the offenses or in misdemeanors punishable by a fine only.
With regard to money crimes, he pointed out the need to return the money subject to the crime, in accordance with the amnesty law, with the need to reconcile with the victim or his guardian or pardon the guardian of blood as the case, pointing out the need to hand over the weapons or tools in place of the crime used in the commission, with the return of the thing to Its origin in crimes of assault on real estate and movable property.
Concerning the text of article 3 of the amnesty law, he explained that he is exempted from amnesty for the crimes of terrorism stipulated in Law No. 3 of 2014, crimes of bringing drugs and trafficking, crimes of interrogation and indecent assault, crimes of identity, kidnapping and torture, border crimes when brought to justice, and crimes Corruption of all kinds.
Turning to the procedural aspect of the law, he said that assuming that some of the crimes attributed to Saif al-Islam were covered by the amnesty law, the conditions for preventing amnesties did not exist against him, as the law mentioned in its second article stipulated that amnesty should be granted, the written undertaking to repent and not to return to criminality and reconciliation with the victim and pardon the guardian of blood, and this is what the doctor did not do, according to his claim.
Accord representative claimed that Dr. Saif al-Islam did not put himself before the Libyan or international courts, but rather tried to escape him.He also claimed that to implement any amnesty decision, it should be issued by the competent judicial authorities that did not issue any decision regarding the inclusion of the amnesty decision by Dr. Saif al-Islam.
He revealed that, as part of the Libyan judiciary’s steps to prosecute Dr. and deny him any pardon, he continued to hear the case against under 525 Tripoli felonies and issued a verdict in absentia on 28 November 2015 convicting him of the crimes allegedly committed against him.
He said that Dr. Saif al-Islam spent 4 and a half years in prison, considering that it is not a sentence, but a precautionary measure, and according to Libyan law deducted this period if sentenced to a negative penalty, and can not be considered a sentence, according to his claim.
Meanwhile, deputies and angry reactions to the shameful attitude of the Minister of Justice in the Government of accord before the International Criminal Court, where he condemned MP Gaballah al-Shaibani, a member of the House of Representatives in Tobruk, accepting the trial of Dr. Saif al-Islam Gaddafi outside Libya.
Al-Shibani said, in exclusive statements to “Og”: Minister, “Commissioner”, we do not know of any political dictionary was derived this strange term, and a government did not gain the confidence of the House of Representatives, the only legislative authority in Libya, according to all laws and documents starting from the constitutional declaration Its amendments, as well as the political agreement, ”referring to the speech of the Minister of Justice of Concord before the International Criminal Court.
The member of the Council of Representatives of Tobruk, that Dr. Saif al-Islam Gaddafi, a civilian with a degree in engineering sciences, and did not hold any military or security position, but: the Libyan army is besieging her and her days are numbered, to claim her ability to hand over Saif al-Islam to the criminal court.
For his part, MP Mohammed al-Abani, a member of the House of Representatives held in Tobruk, to “Og”, that the request of the Government of reconciliation accord to extradite a Libyan citizen to the International Criminal, is an attack on the right of a citizen to reside in his country, it violates and usurps the authority in the management of public affairs and waste of money General, resisting the “army”, in reaching its camps in the capital and fighting crime, terrorism and corruption in the south and west of Libya.
MP Ali al-Saidi also denounced, Member of the House of Representatives held in Tobruk, the Government of Accord announced at the end of the session the third hearing of the International Criminal Court, accepting the trial of Dr. Saif Al-Islam Gaddafi outside Libya.
Al-Saidi, in exclusive statements to the “Og” the request of the government of reconciliation “illegal”, the International Criminal Court, to try Dr. Saif al-Islam Gaddafi, outside the country, “more than a shame.”
It is noteworthy that the International Criminal Court, on Tuesday, completes its session on the trial of Dr. Saif al-Islam Gaddafi, after earlier issued by the Appeals Chamber of the Court, a judicial order to hold a hearing to consider the appeal submitted by Dr. on 11 and 12 plowing, and called the court, The UN Security Council, the Libyan government, and the so-called “February 17 Victims Association” provide written remarks no later than 24 October.
Members of the defense board, Dr. Seif al-Islam Gaddafi, with International Criminal Court, prosecutors and the Minister of Justice participated in the hearings. Government of accord Internationally supported, a representative of Libya at the Court, and a number of members of human rights organizations.
The delegation called on the Government of Accord to hand over Dr. Saif al-Islam Gaddafi to the Criminal Court for a retrial in a historical precedent that raised the surprise of the audience, that the government abandon the trial of its citizens on its territory and under its sovereignty.