Khaled al-Zaidi, lawyer for Dr. Saif al-Islam Muammar Gaddafi before the International Criminal Court, said that the issue of appeal before the International Criminal Court is related to the claim of “inadmissibility”, ie the lack of jurisdiction of the court to hear the case, pointing out that he based his claim on the provisions of 17 and 20 of the Rome Statute, which Based on the principle of complementarity of competence.
Al-Zaidi said in a telephone interview with the Great Jamahiriya Channel, followed by “Og”, that according to this case, the national judge is the original competent to do so, and according to Article 20 that it is not permissible to prosecute the same act twice.
Al-Zaidi added: “The International Criminal Court decided last September to allocate a hearing and raised some questions for discussion by the parties to the case. The hearing took place on 11 and 12 November, and the court adjourned the hearing. The dismissal of the appeal and the continuation of the case as it was previously or the ruling that the case is inadmissible before the International Criminal and stop the prosecution of Dr. Saif al-Islam.
Zaidi attacked the representatives of the government of accord supported internationally, the hearing before The International Criminal Court, Ahmed al-Jahani, the Presidential Council’s delegate from the international community, and Mohamed Lamloum, Minister of Justice of the accord government, who openly accepted the trial and surrender of Saif al-Islam to the International Criminal Court, saying: “Lamloum helps in the loss of the sovereignty of the Libyan state, and breaking the law. He says that he is a professor of law at Libyan and Italian universities who has ignored the Criminal Procedure Law, which prohibits the extradition of any Libyan in accordance with article 423 bis, paragraph 2, and he should review it.
He continued: “If the Libyan law in principle prohibits the extradition of foreigners to the international judiciary except on conditions that are very difficult to violate in accordance with the provisions of Article 495 of the Libyan Code of Criminal Procedure, and the most important of these conditions is issued by the Criminal Court of Libya to extradite the alien, Or agree to extradite Libby, whatever the conditions. ”
Al-Zaidi continued: Jahani and the blame have committed a legal crime affecting the sovereignty of the Libyan state, I have a question as to how the representatives of the state or the so-called government of al-Sarraj violate the Libyan jurisdiction, which has the validity of the order stipulated in case 630, which is the jurisdiction of the state. They have not challenged the jurisdiction of the Tripoli Criminal Court, and they have to look at the 492 text of the Code of Criminal Procedure.
Al-Zaidi concluded: “ We are now facing a national ethical issue, primarily defending the sovereignty of Libya, but the date of 12 November 2019 recorded a historic fall that Libya is demanding the extradition of its citizens to a foreign judiciary. ”
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.