Ali Mesbah Abu Sabiha, head of the Supreme Council of Tribes and Libyan Cities in the Southern Region, said that the crisis is not only in the case of Dr. Saif al-Islam, explaining that the issue is a violation of Libyan sovereignty.
He added in a phone call to him, via the “Libya” satellite, followed by “Og”: “There are citizens who were arrested by external parties inside Libya, and the Libyan judiciary is supposed to specialize in these cases.”
Abu Sabiha continued, “Saif al-Islam’s case is political in the first degree, because since 2011, he was referred to the International Criminal Court through the Security Council, and the issue is also considered a means of war against Libya since 2011.”
He continued: “The blame falls on many in this case, including the Minister of Justice in the Government of Concord, so he was supposed to preserve the sovereignty of Libya, and by his admission before the International Criminal, he could not prosecute Saif al-Islam inside Libya, which is a concession to national sovereignty, and the hadith of the Minister of Justice The government of accord, a recognition of the government of accord inability to maintain security inside the country, is losing its legitimacy while it is supposed to seek reconciliation between the Libyan people and its reunification, and to dissolve all obstacles that prevent the Libyan people’s agreement. ”
Abu Sabiha continued, “The government of accord has become an opponent of a large part of the Libyan people, regardless of Saif Al-Islam’s support or opposition, and the International Criminal Court like the government of accord, each of them deals with the issue from a political standpoint, It is not legal or criminal, because the referral was made by the Security Council, although Libya is not a member of the international criminal court, and it has not joined it since its foundation, and therefore it is not entitled to prosecute any Libyan citizen.
He narrated: “The international community recognizes that the parliament is the legislative authority in Libya. Law No. 6 of 2015, issued by general amnesty, and the Ministry of Justice of the interim government, issued a memorandum that the General Amnesty Law applies to Dr. Saif al-Islam, and the International Criminal Court is controlled by permanent members. In the Security Council. ”
Abu Sbeha resumed: “The international criminal court does not apply the correct law, and it controls the poor and third world countries, and has no jurisdiction over the trial of Dr. Seif al-Islam, because he was tried in his country within Libyan society, and he attended two consecutive sessions through the closed circuit in his trial, and thus is considered Prosecuting him in his presence. ”
Today, Monday, the International Criminal Court ruled that it is entitled to continue the trial of Saif al-Islam Muammar al-Gaddafi because of al-Sarraj’s claims that the General Amnesty Law does not apply to him and that final judgments have not been issued by the Libyan judiciary against him.
The International Criminal announced, a few days ago, that an order to set a date for the ruling will be delivered in the appeal of Dr. Saif Al-Islam Gaddafi against the decision of the Pre-Trial Chamber on Monday 9 March 2020.
And Dr. Saif Al-Islam Al-Gaddafi is being tried on charges that his defense refuted before the Libyan courts and before the International Criminal Court before, and you get a legal amnesty, and Libya is not a member of the court.
The Ministry of Justice of the internationally-backed government of accord backed back steps after a campaign of criticism that it was subjected to by its “shameful” claim, as described by many law experts, the International Criminal Court to try Dr. Saif al-Islam al-Gaddafi, who received a general amnesty issued by the House of Representatives, which is the legislative body entrusted to .
The shame in the ministry’s retreat is that it violates the visual recording of the hearings that took place inside the International Criminal Court at its headquarters in The Hague, over the past Monday and Tuesday, claiming in a statement, today, Saturday, seen by “Og”, that it never accepts the jurisdiction of any other court to try any A Libyan citizen, whatever his political orientations.
In its statement describing Saif al-Islam as “Mr.” instead of the word “accused,” which the Minister repeated before the court, the Ministry stated that her presence before the International Criminal forced him to comply with Security Council Resolution 1970, adding that she had previously contested international justice in the case of the Director of the Military Intelligence Department Former Libyan Brigadier General Abdullah Al-Senussi, she was able to emerge from this conflict in recognition of the International Criminal Court, the ability of the national judiciary to try Al-Senussi fairly according to international standards.
She claimed that her recent appearance before the International Criminal Court on the 12th and 13th of November this year in The Hague confirms the jurisdiction of the Libyan judiciary with regard to the accusations attributed to Saif al-Islam, and that he has already walked into this trial and that he is able to continue in it, and that the Libyan judiciary has not yet exhausted its jurisdiction over it, claiming that it It is not acceptable for anyone to escape punishment or to try to subdue laws in a way that excludes them from their content, according to the statement.
She also claimed that Saif al-Islam’s defense attempt tried to derive the amnesty law No. 6 of 2015, from its content and cover up its provisions to stop the prosecution of him without meeting the conditions stipulated in the law to grant the amnesty and without waiting for his report from the competent Libyan judicial authorities, which leads to losing the wisdom of its approval It is wasted by the reconciliation efforts that the legislator decided to achieve through the provisions of this law, according to the statement.
The Ministry stated that it could not tolerate what it called “legal fallacies” in violation of the rules of trial in the criminal articles relating to the description of the ruling against Saif al-Islam issued by the Criminal Court of the Tripoli Court of Appeals, which was defensive and was not in his favor.
The Ministry of Justice called on the government of Accord, Saif al-Islam’s defense – if he is serious about his proposition and really believes in the entitlement of his client to a general amnesty – to push this before the national judiciary and prove the availability of conditions for granting amnesty to their client as the only authority competent to apply this law, as he claimed, given that the door Still open.