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Gaddafi's son Saif al-Islam sentenced to death by court in Libya Gaddafi's son Saif al-Islam sentenced to death by court in Libya
(about 2 hours later)
Saif al-Islam Gaddafi, the son of Libya’s former dictator, Muammar Gaddafi, has been sentenced to death by a court in Tripoli.Saif al-Islam Gaddafi, the son of Libya’s former dictator, Muammar Gaddafi, has been sentenced to death by a court in Tripoli.
Saif, once seen as his father’s heir apparent, was condemned to death along with eight other figures from the former dictatorship, including the former intelligence chief Abdullah al-Senussi and Gaddafi’s last prime minister, Al-Baghdadi Ali al-Mahmoudi.Saif, once seen as his father’s heir apparent, was condemned to death along with eight other figures from the former dictatorship, including the former intelligence chief Abdullah al-Senussi and Gaddafi’s last prime minister, Al-Baghdadi Ali al-Mahmoudi.
The mass trial, which opened in Tripoli in April last year, has been mired in controversy after human rights groups and the international criminal court questioned its standards.The mass trial, which opened in Tripoli in April last year, has been mired in controversy after human rights groups and the international criminal court questioned its standards.
There is uncertainty about whether the sentence will be carried out, as Saif is being held by a militia in the mountain town of Zintan that is opposed to Libya Dawn, the militia coalition in control of Tripoli.There is uncertainty about whether the sentence will be carried out, as Saif is being held by a militia in the mountain town of Zintan that is opposed to Libya Dawn, the militia coalition in control of Tripoli.
Saif has been held in Zintan since he was caught trying to flee Libya in the aftermath of the 2011 revolution. The militia has refused to hand him over to Tripoli.Saif has been held in Zintan since he was caught trying to flee Libya in the aftermath of the 2011 revolution. The militia has refused to hand him over to Tripoli.
He was accused in the trial of recruiting mercenaries, attacking civilian targets from the air, forming armed groups and shooting into crowds of demonstrators. Among the charges he was convicted of were incitement to murder and rape.He was accused in the trial of recruiting mercenaries, attacking civilian targets from the air, forming armed groups and shooting into crowds of demonstrators. Among the charges he was convicted of were incitement to murder and rape.
The international criminal court indicted Saif, along with Senussi, for war crimes and crimes against humanity but judges in The Hague refused Libya permission to try him. However, the ICC gave permission for Senussi to be tried in Libya, and the former intelligence chief, held in custody in Tripoli, was one of 28 defendants in court. Four of the Gaddafi-era figures were cleared of charges.The international criminal court indicted Saif, along with Senussi, for war crimes and crimes against humanity but judges in The Hague refused Libya permission to try him. However, the ICC gave permission for Senussi to be tried in Libya, and the former intelligence chief, held in custody in Tripoli, was one of 28 defendants in court. Four of the Gaddafi-era figures were cleared of charges.
Saif’s ICC-appointed lawyer, John Jones, condemned the trial process: “It’s a complete show trial, a farce,” he said. “This trial is effectively being run by Libya Dawn militias.”Saif’s ICC-appointed lawyer, John Jones, condemned the trial process: “It’s a complete show trial, a farce,” he said. “This trial is effectively being run by Libya Dawn militias.”
Jones, who was refused permission by Libya to visit his client, said the videolink set up in Tripoli to allow Saif to be tried had worked on only three occasions, leaving him in the dark about the proceedings. “They [Tripoli prosecutors] are relying on confessions from defendants extracted by torture. It was condemned by Libya’s own ministry of justice as illegal.” Jones said the videolink set up in Tripoli to allow Saif to be tried had worked on only three occasions, leaving him in the dark about the proceedings. “They [Tripoli prosecutors] are relying on confessions from defendants extracted by torture. It was condemned by Libya’s own ministry of justice as illegal.”
In London, Senussi’s 17-year-old daughter, Salma, said her father had been denied a proper trial. “It’s like a nightmare every day waking up fearing to hear this. I ask the world for only one thing: for my father to have the law. We just want proper justice.”In London, Senussi’s 17-year-old daughter, Salma, said her father had been denied a proper trial. “It’s like a nightmare every day waking up fearing to hear this. I ask the world for only one thing: for my father to have the law. We just want proper justice.”
Related: Abdullah al-Senussi: spy chief who knew Muammar Gaddafi's secretsRelated: Abdullah al-Senussi: spy chief who knew Muammar Gaddafi's secrets
Salma - in London with Senussi’s wife, Fatma, and his nine-year-old son after fleeing Libya – said her mother was too distressed to talk, but was upset with the ICC judges for ruling that Senussi was getting a fair trial. “I am angry with the international criminal court; they did not give my father a chance,” she said. Salma – in London with Senussi’s wife, Fatma, and his nine-year-old son after fleeing Libya – said her mother was too distressed to talk, but was upset with the ICC judges for ruling that Senussi was getting a fair trial. She said: “I am angry with the international criminal court; it did not give my father a chance.”
Senussi was convicted in absentia in France in 1999 over the bombing of a French airliner over Niger in 1989 in which 170 people were killed. However, for ordinary Libyans, his name will always be associated with the 1996 massacre of 1,200 inmates at Tripoli’s Abu Salim prison. Senussi was convicted in absentia in France in 1999 concerning the bombing of a French airliner over Niger in 1989 in which 170 people were killed. However, for ordinary Libyans, his name will always be associated with the 1996 massacre of 1,200 inmates at Tripoli’s Abu Salim prison.
There are unlikely to be immediate executions after Sadiq al-Sur, head of the investigation department of the attorney general, said lawyers could appeal against the sentences. There are unlikely to be immediate executions after Sadiq al-Sur, the head of the investigation department of the attorney general, said lawyers could appeal against the sentences.
Civil war engulfed Libya last July, withLibya Dawn militias seizing the capital and the internationally recognised government fleeing to eastern Libya and losing control of the trial process. Civil war engulfed Libya last July, with Libya Dawn militias seizing the capital and the internationally recognised government fleeing to eastern Libya and losing control of the trial process.
The ICC chief prosecutor, Fatou Bensouda, said in February that although Libya Dawn militias now controlled Tripoli, she had no evidence the case against Senussi – which Libya was given permission to hold in 2013 – had been affected.The ICC chief prosecutor, Fatou Bensouda, said in February that although Libya Dawn militias now controlled Tripoli, she had no evidence the case against Senussi – which Libya was given permission to hold in 2013 – had been affected.
“Despite the fact that the groups allegedly associated with Libya Dawn are in physical control of Tripoli and therefore the judicial and correctional facility system, there does not appear to have been any significant disruption to the trial proceedings,” her office said in a letter to Senussi’s lawyers. Her office said in a letter to Senussi’s lawyers: “Despite the fact that the groups allegedly associated with Libya Dawn are in physical control of Tripoli and therefore the judicial and correctional facility system, there does not appear to have been any significant disruption to the trial proceedings.”
Divisions have emerged over the conduct of the trial between the ICC and the United Nations, which ordered the court to investigate Libya war crimes in 2011.Divisions have emerged over the conduct of the trial between the ICC and the United Nations, which ordered the court to investigate Libya war crimes in 2011.
The United Nations special mission to Libya, which monitored the trial until evacuating the country with the onset of civil war last summer, had said it risked “falling short of international standards. The prosecution presented its case in less than one hour, without calling any witnesses.” The UN support mission for Libya, which monitored the trial until it left the country with the onset of civil war last summer, reiterated its belief on Tuesday that the trial had failed to meet international standards.
The UN catalogued a list of failings, including reported intimidation of witnesses, a lack of access to lawyers and no presentation of witnesses or documents in open court.
UN officials said the authorities in Tripoli had failed to ensure that trial sessions were broadcast in their entirety, despite Libyan law being amended to allow it.
Claudio Cordone, from the UN mission, said: “Given these shortcomings, it is particularly worrisome that the court has handed down nine death sentences.”