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The Hague, Netherlands
The Hague, Netherlands

ICC: Gaddafi daughter's appeal over brother rejected

Published on : 2 February 2012 - 6:00pm | By Lauren Comiteau (photo: rnw)
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The International Criminal Court (ICC) has rejected a request by former Libyan leader Muammar Gaddafi's daughter to submit information in the case of her brother Saif al-Islam, who is awaiting trial in Libya on rape and murder charges.

al-Islam Gaddafi, who was captured disguised as a Bedouin in the Sahara desert in November, has also been indicted by the ICC on charges of crimes against humanity stemming from Libya's civil war last year.

On Tuesday, Aisha Gaddafi had asked the court if she could give information about attempts she has made to contact Saif al-Islam, and submitted a document suggesting the Libyan authorities were unwilling to let any foreign lawyer act for him.

But by Thursday, the court ruled that it had rejected both Aisha's request and a similar one by human rights activist Mishana Hosseinioun.

The two “effectively seek the Chamber's permission to contact Saif Gaddafi and give him access to what they deem to be appropriate legal advice,” wrote judges in their decision, “and therefore do not seek to provide the Chamber with observations which may be 'desirable for the proper determination of the case'.”

In rejecting the requests, judges called them "misplaced and contrary" to court procedures.

Libya's ruling National Transitional Council says Saif al-Islam should be tried at home and would be given a fair hearing. The ICC has reserved the right to insist that he be sent to The Hague.

Saif al-Islam's supporters say they doubt he will be given a fair trial in Libya and that he should be tried instead by the ICC in The Hague.

He faces the death penalty if found guilty by a Libyan court, but only a prison term if convicted by the ICC.
The ICC has jurisdiction over the case because it issued a warrant last year for the arrest of Muammar Gaddafi, Saif al-Islam, and the Libyan leader's intelligence chief, Abdullah al-Senussi.

(with Reuters)

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From the former Yugoslavia to Rwanda, Cambodia and Lebanon, Radio Netherlands Worldwide reports on international justice. We offer background news and reporting on war crimes, human rights abuses and genocide.

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