Libya: Aisha Gaddafi Wishes to Intervene As Amicus Curiae

The Hague — In an application filed on January 31st, Aisha Gaddafi requests to intervene before the International Criminal Court (ICC) in order to submit amicus curiae observations regarding her brother Saif al-Islam.

In the application, Aisha Gaddafi’s lawyer Nick Kaufman states his client’s wish to submit information that “will assist the Pre-Trial Chamber in determining whether the Libyan authorities truly desire to provide Saif al-Islam Gaddafi with effective legal representation or to afford him a fair trial”.

Saif al-Islam Gaddafi was arrested in the South of Libya on November 19, 2011. ICC has issued an international arrest warrant against him for crimes against humanity committed after February 15, 2011.

Tripoli intends to try Gaddafi in Libya. To do so, the Libyan judiciary must demonstrate to the ICC judges its ability to prosecute him « in fair and credible proceedings ».

On January 20, Libyan authorities submitted a confidential report to ICC’s Pre-trial Chamber regarding the matter. ICC Prosecutor and the Office of Public Counsel for the Defence (OPCD) are expected to file their observations in response before February 2nd.

Aisha Gaddafi has had “two telephone conversations in Arabic with the Deputy-Prosecutor of Libya – Mr. Abd al-Majid Sa’ad”, the application states. “From these telephone conversations, it may be inferred that the Libyan authorities who purport to be investigating and prosecuting Saif al-Islam Gaddafi refuse to deal with international legal counsel”.

Since he was incarcerated in November 2011, Saif Gaddafi received visits of delegates from the Red Cross and Human Rights Watch in his jail in Zenten. According to HRW’s representative Fred Abrahams, “Libyan authorities denied Saif al-Islam the right to get a Defence lawyer as long as he would not be transferred to a secured prison in Tripoli”.

Aisha Gaddafi went into exile in Algeria in August 2011.