This post was edited by Chechen at 2012-5-30 21:37|
The criminal ICC is trying to ensure Seif-al-Islam Qadhafi is `tried` and killed in Libya and does not reveal the corruption of western politicians such as Tony Blair and France`s Sarkozi.
Alexander MEZYAEV | 12.05.2012 | Strategic Culture Foundation
The legal proceedings against Seif al-Islam, the son of Muammar Gaddafi, have developed into an unusual situation, that has had no precedents in the International Criminal Court’s (ICC) history. The matter is that the Court itself is exerting efforts to destroy the case so that the accused would never have to face it.
It has started from a strange leak of information that took place a few days ago from the International Criminal Court. And it happened through a formal source: the ICC’s website. First the two documents1 were posted for public view, but disappeared in a few hours without any explanation. They were related to the report of the ICC’s delegation that had visited Seif al-Islam Gaddafi in Zintan. The questions change places while reading the text: it is becoming clear why they have been taken away from public view. But the question pops up, why have they been made public at all? There is ground to believe that some kind of clash between two opposing forces took place inside the Court. One of the forces had never made itself known before…
So, what did the ICC delegation find out while meeting Seif Gaddafi? The following is what the report prepared by the Registry says. The importance of the information and the way it has got to the Court justifies extensive citation.
The ICC delegation visited Seif Gaddafi in early March. At first the Libya’s government indicated it couldn’t take the delegation to Zintan because the city was under the control of two factions, only one them being loyal to the National Transitional Council. But at the last moment when the delegation was about to return to the Hague, the authorities said the visit would take place. The report goes further:
“All shutters were closed. The door was heavy and in metal. The members of the Registry and the OPCD waited for approximately 40 minutes. Seif al-Islam appeared smiling and wiling to talk to the Court…It was difficult to assess whether he had lost a lot of weight as he was wearing large clothes. He appeared slimmer than on the picture annexed to his arrest warrant. He was missing part of his thumb and index at the right hand. He had no visible bruise on his face”.
“The Registry representative asked to continue the meeting alone as another person from the Libyan authorities was present in the room. This person said that the law prevented the Registry to meet the suspect alone and that he had to stay”.
“The Registry representative explained that the delegation was there pursuant to the Court order to give him information and to transmit information regarding his status to the Chamber. She also explained that the Chamber had appointed a lawyer to represent him before the Court. Mr. Gaddafi was very interested in knowing whether the lawyer would help him in Libya. The Registry indicated that the lawyer could help him in Libya but only in relation with the ICC proceedings.”
“When asked whether he was familiar with the Court and whether he knew an arrest warrant was issued against him for crimes against humanity, Mr. Gaddafi replied that he was familiar and that he had heard about the arrest warrant. He however indicated he was not served the arrest warrant. Mr. Gaddafi explained that he was being interviewed in Libya regarding his camels and fish farms.”
“He declared: “I hope I can be tried in my country whether they will execute me or not”. He inquired about the detention centre in the Hague. The Registry representative gave him a brief description of the detention centre and replied to the questions put to her regarding the possibility to have fresh air, to see other people and regarding the food. Mr. Gaddafi indicated that he would like to see the sun. When the Registry representative indicated that inmates could have access to an open air yard, he said that they were lucky to be able to see birds and trees”.
“At this point, the representative of the Libyan Prosecution left the room for five minutes. The Registry representative quickly asked the suspect how he was and whether he was mistreated. His attitude changed from relaxed to intense and without saying a word he waived the hand where two fingers missing and pointed to a missing tooth in the upper front of his dentition. He then said that he was kept in total isolation, and that he had not seen the sunlight in 20 days and he had nobody to speak to.”
“As the Libyan prosecutor came back to the room, the Registry representative indicated she was going to read him his rights before the ICC. Mr. Gaddafi was very skeptical while he was read his rights. He asked whether these rights should apply to him immediately. He was told that these were basic rights respecting ICC standards. 2 When asked whether these rights were respected in Libya, he said: “ What do you think?” 3
The second report by the Office of Public Council for Defence contains by and large the same information, but one can’t miss the significant differences existing between the two. Only the report of Office of Public Council for Defence mentions that Seif al-Islam wished to be transferred as soon as possible to the Hague or Tripoli to discontinue his detention under the present conditions (paragraph 33). Only this report says the Libyan authorities lied saying S. Gaddafi didn’t want to see the ICC representatives (paragraph 34). Only this report says the Libyan authorities denied his request for a lawyer, saying “it’s impossible” (paragraph 35). 4 The both reports had classified parts omitted in the public versions.
The differences between the two reports, the information they contained, their initial publication and sudden secrecy imposed – it all goes to show there are two opposing forces clashing inside the ICC. The first one is represented by the Registry and the Prosecutor’s Office. The second – by the Gaddafi’s Defence. But it’s a very unusual defence. The matter is Gaddafi didn’t have a lawyer since the arrest warrant was issued. But on April 17 the Court assigned him a temporary lawyer - Xavier Jean-Keïta, Principal Counsel, Office of Public Counsel for Defence. 5 It’s him the second ICC force is associated with. On May 3 he delivered a major blow to the other side. He addressed the Appeals Chamber demanding the disqualification of the ICC’s prosecutor Luis Moreno Ocampo.6 Indeed, the prosecutor displayed extreme lack of professionalism. No doubt he was trying to accomplish political missions but was doing it rudely, like a drill Sergeant giving an order.