Libya has evidence to try Kadhafi son, say lawyers

Libya has enough evidence to charge Moamer Kadhafi's son Seif al-Islam with crimes against humanity, lawyers told the International Criminal Court on Tuesday amid a dispute over where he should face justice.

Wednesday, October 10, 2012

Libya has enough evidence to charge Moamer Kadhafi's son Seif al-Islam with crimes against humanity, lawyers told the International Criminal Court on Tuesday amid a dispute over where he should face justice.The ICC wants Seif, the only son of the slain Libyan leader in custody, to be tried in The Hague, but Libya's post-revolutionary authorities insist he should stand trial in his home country.A probe "has already produced considerable results," Libya lawyer Philippe Sands told a two-day hearing on Seif's fate. "There is a wide range of evidence that will constitute an indictment the same as that presented by the ICC's prosecutor."The ICC issued an arrest warrant for Seif, 40, and Kadhafi's former spymaster Abdullah Senussi, 63, in June 2011 for crimes against humanity allegedly committed while trying to crush the revolt against the veteran leader's iron-fisted rule.ICC defence lawyers argued that Seif would not get a fair trial in Libya, where he could face the death penaltyLibya's bid and arguments to have the case against Seif quashed in the Hague-based court was "like a house of cards," said Melinda Taylor, representing Seif. "When examined in detail it collapses upon itself," she said.Taylor -- who spent nearly a month in detention after she and three other members of a defence team were arrested in Libya after visiting Seif in June -- accused Libya's lawyers of misleading the ICC, for instance by saying a possible death sentence for Kadhafi could be commuted.Australian lawyer Taylor cited a law passed by Libya's post-revolutionary National Transitional Council which said "no child of Kadhafi will ever benefit from leniency."If convicted, "Mr Kadhafi will be executed by hanging," Taylor told judges.But ICC prosecutors said Libya should be given more time for the case."We see that the case being presented appears to be on track," prosecutor Sara Criscitelli told the ICC's three-judge bench."We believe that Libya is interested in prosecuting this offender... we are confident that Libya needs a bit more time to sort itself out."