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Derechos | Equipo Nizkor
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| Information | | |
Derechos | Equipo Nizkor
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06Jul12
Kadhafi's son right to fair trial 'irrevocably prejudiced'
The right to a fair trial of Seif al-Islam, son of Moamer Kadhafi, has been "irrevocably prejudiced", his ICC lawyer said Friday following her release from detention in Libya.
"Irrespective of any issues concerning my own personal conduct, the rights of my client, Mr Seif al-Islam -- were irrevocably prejudiced during my visit to Zintan," said Melinda Taylor, who was freed earlier this week after being detained in Libya while visiting Seif on behalf of the International Criminal Court.
"It is the position of the defence that these recent events have completely underscored that it will be impossible for Mr Kadhafi to be tried in an independent and impartial manner in Libyan courts," she said at a press conference in The Hague, two days after her return.
Taylor and her four colleagues were released on Monday after being held in Zintan southwest of Tripoli since June 7 after travelling there to help prepare Seif al-Islam's defence.
An Australian citizen, Taylor was accused of carrying a pen camera and attempting to give Seif al-Islam, 40, a coded letter from his former right-hand man, Mohammed Ismail, who is wanted by the Libyan authorities.
The other three detained ICC staffers were Taylor's interpreter from Lebanon, Helen Assaf, and two colleagues, Russian Alexander Khodakov and Esteban Peralta Losilla from Spain.
The four were allowed to leave the North African country as part of an agreement between the Hague-based court and the Libyan government, which are disputing where Seif should be tried.
But Taylor, who declined to answer questions, read a prepared statement Friday saying: "Amongst other things, the Libyan authorities deliberately mislead the defence concerning whether the visit with Mr Kadhafi would be monitored."
They also "seized documents which were covered by legal professional privilege and ICC protective orders," she said.
Defence lawyers will give their side of the story to ICC judges in writing no later than next Wednesday, she said.
A beaming Taylor said it was "wonderful" to be back in The Hague.
She said during her detention the four ICC members were allowed to have one five-minute telephone conversation with their families.
"As you can imagine, speaking to my two-year-old daughter under such circumstances was both an emotional lifeline and heartbreaking," she said.
Seif has been in custody in Zintan since his arrest on November 19 in the wake of the uprising that toppled his father after more than 40 years in power.
The ICC wants both Seif and his late father's spymaster, Abdullah Senussi, for crimes against humanity committed while trying to put down last year's bloody revolt.
Tripoli and the ICC have been at loggerheads since Seif al-Islam's capture over where he should be tried, with Libya arguing it could put him in the dock before a local court.
On May 1, officials asked the court's judges to quash a surrender request and throw out the case.
The ICC issued an arrest warrant for Seif and Senussi in June 2011, and wants to see them tried in The Hague.
A third warrant for the late Libyan strongman was nullified after Kadhafi was killed by rebel forces on October 20, 2011.
[Source: Agence France Presse, Voorburg, Netherlands, 06Jul12]
 | This document has been published on 15Oct12 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. |