As you will read in the appeal below, Saif's chances of a fair trial have been irrevocably compromised.
In addition to that fact, should he be tried in Libya, his most valuable witnesses who would present evidence of his innocence will be unable to testify due to threats of arrest and imprisonment by the current regime.
Saif Gaddafi's International Criminal Court defense counsel, Ms. Melinda Taylor, was prevented from fulfilling her legal duties and forcibly detained by the Zintan brigade.
The Libyan authorities attempted to blackmail Ms. Taylor and the International Criminal Court, promising her immediate release upon the condition that she disclosed the location of a key witness who would testify on behalf of Saif Gaddafi.
This criminal action reveals the flagrant disregard for the rule of law in Libya under the current regime.
Denied access to his ICC defense counsel, Saif Gaddafi has no legal representation or protection.
He has been detained in isolation for over ten months, denied access to legal counsel, denied contact with family and friends who could arrange legal counsel on his behalf and denied medical treatment for injuries sustained from torture during his detention.
As he is under the jurisdiction of the International Criminal Court and as it is the duty of the court to ensure his human rights are protected, this is a travesty.
Please review the enclosed appeal and our demand that Saif Al Islam Gaddafi be immediately transferred to a safe facility at The Hague and be tried at the International Criminal Court."
Saif Al Islam Qadhafi has been languishing in isolation in a makeshift prison in Zintan for overten months.
He has been denied his fundamental human rights which include:
1- being detained in Zintan, when he is under the jurisdiction of the International Criminal Court and should be in safe facilities at The Hague 2- being detained for months without any official charges from the Libyan authorities against him 3- denied access to family and friends who could appoint legal counsel on his behalf 4- denied access to legal counsel of his choice 5- denied the right to a private meeting with his appointed legal counsel, Melinda Taylor 6- denied medical treatment for injuries sustained during detention
We are appealing to the International Community to demand that the International Criminal Court take immediate action to address these violations as defined in:
We Demand Saif Al Islam Gaddafi’s Immediate Transfer To The International Criminal Court
We the people of the International Community demand that The International Criminal Court, The United Nations, The African Court Of Human And People’s Rights, The World Governments, International Human Rights Organizations and The Libyan Government, ensure that the rights of Saif Al Islam Qadhafi are upheld in full compliance with International norms and that there be prompt intervention to protect Saif Al Islam Qadhafi from irreparable harm.
We demand that an International team of lawyers be granted immediate unobstructed, unconditional access to Saif Al Islam Qadhafi, so that they can facilitate his transfer to a secure facility in The Hague in accordance with International Law as defined in:
As Mr. Xavier-Jean Keïta, Principal Counsel and Ms. Melinda Taylor, Counsel pointed out to the court on August 21, 2012, the Libyan authorities will not provide accurate information regarding:
i- The location of the trial. ii- The penalty that will be imposed. iii- The fact that Saif Al Islam Qadhafi has no legal counsel in Libya and has not been granted the right to choose who will represent him. iv- Their unwillingness to protect witnesses who would like to testify on behalf of Saif Al Islam Qadhafi. iv- The exact date that Libya is seeking to set for the commencement of the trial. vi- The specific items that the “prosecution” intends to submit as evidence against Saif Al Islam Qadhafi.
The Libyan authorities are unwilling to conduct fair trials.
They are presently conducting mock tribunals as a cloak for cold-blooded murder, motivated by their desire for political revenge.
i-Saif Al Islam Qadhafi will not receive a fair trial in Libya.
ii- His witnesses will not be permitted to testify on his behalf. They will be imprisoned and executed should they attempt to do so.
iii- Saif Al Islam Qadhafi will most certainly be sentenced to death in Libya.
Due to the professional misconduct of Luis Moreno-Ocampo, Saif Al Islam Qadhafi has been the victim of a mass media campaign to implicate his guilt for crimes that he has not committed and for which there is no substantiating evidence.
In violation of International Law and Rules Of Ethical And Professional Conduct, Luis Moreno Ocampo gave numerous, widely publicized interviews where he cited crimes allegedly committed by Saif Al Islam Qadhafi, thus denying him his fundamental legal right of Presumption Of Innocence.
The International Criminal Court must include this critical factor in their deliberations regarding this case so that the utmost care is given to reverse the damage done by Luis Moreno-Ocampo’s indiscretions.
The International Criminal Court Must Ensure That Saif Al Islam Qadhafi Receives:
i- Immediate transfer out of Libya to safe facilities where he will:
a) obtain necessary medical treatment for injuries sustained while detained in Zintan, b) be permitted access to family and friends, c) be granted unrestricted access to his legal counsel.
ii- a transparent, impartial hearing that is open to the public, where the world can observe the proceedings in their entirety and hear Saif Al Islam Qadhafi’s full testimony.
iii- Every effort must be made to ensure that witnesses who desire to provide evidence of Saif Al Islam Qadhafi’s innocence and testify on his behalf are provided with safe transport to his hearing and remain fully protected throughout.
Mrs. Fatou Bensouda, ICC Prosecutor Office of the Prosecutor Mailing Address Po Box 19519 2500 CM, The Hague The Netherlands Building Address Maanweg, 174 2516 AB, The Hague The Netherlands Tel. + 31 (0)70 515 8515 Fax +31 (0)70 515 8555 Email: email@example.com
International Criminal Court Office of Public Counsel for the Defence Mr. Xavier-Jean Keïta, Principal Counsel and Ms. Melinda Taylor, Counsel Maanweg 174 2516 AB The Hague The Netherlands Email : OPCD@icc-cpi.int
African Court Of Human And People’s Rights The President Justice Gérard Niyungeko Vice President Justice Sophia A. B. Akuffo Dodoma Road P.O. Box 6274 Arusha United Republic of Tanzania Tel +255-732-97 95 09 / +255-732-97 95 51 Fax +255-732-97 95 03 firstname.lastname@example.org
Secretary General Ban Ki-moon United Nations New York NY 10017 USA 212-963-5012 fax: 212-963-7055 email@example.com
Office of the United Nations High Commissioner for Human Rights (OHCHR) High Commissioner Ms. Navanethem Pillay Palais des Nations CH-1211 Geneva 10, Switzerland infoDesk@ohchr.org
Special Rapporteur of the Human Council on the independence of judges and lawyers Mrs. Gabriela Knaul c/o Office of the United Nations High Commissioner for Human Rights United Nations Office at Geneva 8-14 Avenue de la Paix 1211 Geneva 10 Switzerland Fax: +41 22 917 9006 E-mail: SRindependenceJL@ohchr.org
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