the Libyan Organization for Human Rights narrated , details of its follow-up hearings on the prosecution of the International Criminal Court, Dr. Saif al-Islam Gaddafi, during the 11th and 12th of November.
The Libyan Organization for Human Rights said, In a lengthy statement, read by “Og”, to the position of the delegation of the internationally backed government of accord, to hand over Dr. Saif al-Islam to the Criminal Court for retrial.
The Libyan Organization for Human Rights stated: “The Minister of Justice confirmed the Government of Accord commitment to prosecute the perpetrators of human rights violations and ensure that there is no impunity, stressing that the Ministry has taken several steps in this regard, including working to activate the path of transitional justice, and the establishment of a joint committee to monitor and document violations human rights”.
She continued: “This came during the sessions of the Appeals Chamber of the International Criminal Court, which was held, on Monday and Tuesday, 11 and 12 November, to consider the appeal submitted by the defense of Saif al-Islam Gaddafi, regarding the lack of jurisdiction of international crimes, to hear the cases filed Against him, for being covered by the amnesty law No. 6, issued by the Chamber of Deputies of Tobruk, in 2015. ”
She continued: “The Minister of Justice, with a statement of support and legal responses, on what was raised by defense lawyers, and explained that the amnesty law referred to, excluded from its provisions, acts that constitute murder, murder, identity and crimes against humanity, the same charges against Saif al-Islam Gaddafi, as well as a number of procedural defenses, referred to by the Minister in his intervention.
The Libyan Organization for Human Rights continued: “The Minister of Justice added that the continuation of the Tripoli Criminal Department in the consideration of the case against Saif al-Islam, is an affirmation that the Libyan judiciary does not rely on the application of the amnesty law referred to, the crimes attributed to the accused.”
She added: “He expressed the desire of the Libyan judiciary to play its role, in achieving justice, redress the victims, and punish those responsible for violations, noting that the criminal lawsuit against Saif al-Islam, pending before the Criminal Chamber of the Court of Appeal of Tripoli, the best proof of this.”
She continued: “I also heard the appeal room with the International Criminal Court, on the issue of Saif al-Islam Gaddafi, to a recent comment by Libya’s representative to the International Criminal Court, Ahmed Jihani, who said that the internationally backed government of reconciliation, did not challenge the law of amnesty No. (6) of 2015, because it did not face any problem with it”.
She said: “For his part, the Minister of Justice in the government of accord the internationally backed , Mohamed Abdel Wahed Lamloum, during the completion of the hearing held last Tuesday, at the headquarters of the International Criminal Court, they did not talk about the legitimacy of the amnesty law or deny its existence, but it was issued during the period of political division In Libya, it is still pending before some courts. ”
She continued: He claimed that the amnesty law did not apply to the case of Saif al-Islam, for failing to perform the required procedures in terms of repentance and reconciliation of victims, and attacked the Minister of Justice Mohamed Lamloum, the Supreme Council of Libyan cities and tribes, defending the right of Saif al-Islam to enjoy the amnesty law, saying he had not heard Is it one of the regular bodies in the state, or within civil society institutions, especially as they talk about the legitimacy of the Government of Wefaq and the interim government, as the Minister of Justice considered that the statement of the Undersecretary of the Ministry of Justice in the interim government on the amnesty law, as issued by the illegal.
The Libyan Organization for Human Rights elaborated: “The Minister of Justice has attributed his repeated reasons to the fact that the amnesty law no. The representative of the Supreme Council of Cities and Tribes of Libya responded to the Minister of Justice of the Government of Acccord, saying that the Council is a non-governmental organization working volunteer to provide suggestions and mechanisms aimed at overcoming obstacles without reconciliation in Libya, which has been suffering since 2011 until now.
She continued: “He demanded that the Libyan authorities do two things: first, to facilitate the defense matters that Saif al-Islam should have, and to return the documents confiscated from the group he visited when he was imprisoned in Zintan; There were some problems at the time and some documents were confiscated. He expressed his resentment at the many attacks directed against the Libyan state and its judicial system as if it were yesterday and the Libyans have no experience or experience. Or adopt internationally recognized laws. ”
The Libyan Organization for Human Rights continued: “On the second point, he said that there have been debates about the legitimacy of power in western Libya, pointing out that the Skhirat agreement stipulates that the internationally backed government of reconciliation must have the legitimacy of the Libyan House of Representatives, but this did not happen and did not give the government confidence He pointed out the contradiction of the representative of Libya to the Criminal Court, who considered that the amnesty law does not exist and at the same time was referred to and cited, stressing that the legislative authority in the eastern region approved the legitimacy of the law.
The Libyan Organization for Human Rights expressed its surprise at the presence of the Minister of Justice in the Government of accord at the headquarters of the International Criminal Court in The Hague. within the limits of its competence in areas of western Libya,including the abduction of the Director of the Follow-up Office in the Ministry and kill him and throw him on the highway.
The human rights organization at the end of its statement, to the violations recorded daily, pointing out that because of the authority of the armed militias, and its leadership of the security and military side at the level of the government of reconciliation, asking the Minister of Justice of accord, to pay attention to the institutional reform of the ministry, and ensure the rights of victims, and the right to sue and bring cases to citizens As a fundamental human right.
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.