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Gaddafi spy chief's trial should be held in Libya, ICC rules Gaddafi spy chief's trial should be held in Libya, ICC rules
(about 5 hours later)
Abdullah al-Senussi, the former Gaddafi intelligence chief alleged to have orchestrated the 1998 Lockerbie bombing, should be tried in Libya, the international criminal court (ICC) has ruled.Abdullah al-Senussi, the former Gaddafi intelligence chief alleged to have orchestrated the 1998 Lockerbie bombing, should be tried in Libya, the international criminal court (ICC) has ruled.
Once described as the "world's most wanted man", the ex-spy chief is facing the death penalty in his native country for allegedly ordering massacres during the 2011 revolution that eventually overthrew the regime of Muammar Gaddafi.Once described as the "world's most wanted man", the ex-spy chief is facing the death penalty in his native country for allegedly ordering massacres during the 2011 revolution that eventually overthrew the regime of Muammar Gaddafi.
There has been a protracted legal dispute between the Libyan government and the international criminal court in the Hague about where both Senussi and Gadaffi's son, Saif al-Islam, should be tried. Both have been held in custody in Libya and the government has insisted they should face justice in the country's own courts.There has been a protracted legal dispute between the Libyan government and the international criminal court in the Hague about where both Senussi and Gadaffi's son, Saif al-Islam, should be tried. Both have been held in custody in Libya and the government has insisted they should face justice in the country's own courts.
Senussi fled to Mauritania at the end of the revolution but was eventually captured and returned to Tripoli. Announcing its decision, the ICC said it had decided that: "The case against Mr Al-Senussi is currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to carry out such investigation.Senussi fled to Mauritania at the end of the revolution but was eventually captured and returned to Tripoli. Announcing its decision, the ICC said it had decided that: "The case against Mr Al-Senussi is currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to carry out such investigation.
"Therefore, the judges concluded that the case is inadmissible before the court, in accordance with the principle of complementarity enshrined in the Rome Statute, founding treaty of the ICC.""Therefore, the judges concluded that the case is inadmissible before the court, in accordance with the principle of complementarity enshrined in the Rome Statute, founding treaty of the ICC."
The decision can be appealed against by either the prosecution or the defence previously appointed to handle the case at the ICC. The London barrister Ben Emmerson QC has been representing Senussi's interests at the ICC but has been unable to visit his client.The decision can be appealed against by either the prosecution or the defence previously appointed to handle the case at the ICC. The London barrister Ben Emmerson QC has been representing Senussi's interests at the ICC but has been unable to visit his client.
The ICC statement said: "The evidence submitted by Libya is sufficient to conclude that the Libyan and the ICC investigations cover the same case and that concrete and progressive steps are being undertaken by the domestic authorities in the proceedings against Mr Al-Senussi.The ICC statement said: "The evidence submitted by Libya is sufficient to conclude that the Libyan and the ICC investigations cover the same case and that concrete and progressive steps are being undertaken by the domestic authorities in the proceedings against Mr Al-Senussi.
"The chamber's decision took into account, holistically, the fact that Al-Senussi is detained under state custody, the quantity and quality of the evidence collected as part of the domestic investigations … [and] the example of certain judicial proceedings conducted to date against other former Gaddafi-era officials.""The chamber's decision took into account, holistically, the fact that Al-Senussi is detained under state custody, the quantity and quality of the evidence collected as part of the domestic investigations … [and] the example of certain judicial proceedings conducted to date against other former Gaddafi-era officials."
Philippe Sands QC, who is counsel for Libya at the ICC, welcomed the decision. He said: "The court has given effect to the intention of the drafters of the ICC Statute. On the basis of the principle of complementarity, a case in The Hague is and should be only a matter of last resort.
"Having satisfied the Court that it is willing and able to do justice, Libya is entitled to bring Mr Al Senussi to trial in its courts."
In Libya, Senussi is most closely associated with the notorious 1996 massacre of 1,200 inmates at Abu Salim prison in Tripoli. He is being held incommunicado in a prison at the state-controlled Hadbat al-Khadra compound in the capital. By contrast, Saif al-Islam is being held by a militia that is not under government control.In Libya, Senussi is most closely associated with the notorious 1996 massacre of 1,200 inmates at Abu Salim prison in Tripoli. He is being held incommunicado in a prison at the state-controlled Hadbat al-Khadra compound in the capital. By contrast, Saif al-Islam is being held by a militia that is not under government control.
Emmerson has argued that Senussi's trial in Libya would be likely to result in "a short and summary process resulting in his conviction and summary execution …."Emmerson has argued that Senussi's trial in Libya would be likely to result in "a short and summary process resulting in his conviction and summary execution …."
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