LIBYA-SECURITY/SAIF REACTIONS Death sentence is illegitimate, says Gaddafi lawyer, while OHCHR calls it "disturbing"

Record ID: 146002

  • Title: LIBYA-SECURITY/SAIF REACTIONS Death sentence is illegitimate, says Gaddafi lawyer, while OHCHR calls it "disturbing"
  • Date: 28th July 2015
  • Summary: THE HAGUE, THE NETHERLANDS (JULY 28, 2015) (REUTERS) VARIOUS EXTERIORS OF THE INTERNATIONAL CRIMINAL COURT (ICC) SIGN FOR ICC SAIF GADDAFI'S LAWYER, JOHN JONES AT HIS DESK HANDS ON KEYBOARD (SOUNDBITE) (English) SAIF AL-ISLAM GADDAFI'S LAWYER, JOHN JONES, SAYING: "It's not a judicial process in my view, it's a judicially sanctioned execution at gunpoint, so you have something which, as with all show trials, has all the trappings and outward shows of a trial with judges in judicial robes appearing to be judges and defence lawyers who appear to be there to do their role, but it's all window dressing. It's clear that the militia wanted this as an outcome, that that outcome had to happen." JONES HOLDING BOOK ON THE ROME STATUTE OF THE ICC BOOK (SOUNDBITE) (English) SAIF AL-ISLAM GADDAFI'S LAWYER, JOHN JONES, SAYING: "My position remains that he should be delivered to The Hague, whether he can actually have a fair trial in The Hague is now another question, because a lot of his co-defendants would be witnesses, if they are all executed, well, there it goes any chance of him having a fair trial here." GENEVA, SWITZERLAND (JULY 28, 2015) (REUTERS) VARIOUS OF UNITED NATION OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR) BUILDING CECILE POUILLY, OHCHR SPOKESPERSON, TALKING TO JOURNALIST (SOUNDBITE) (French) OHCHR SPOKESPERSON, CECILE POUILLY, SAYING: "We are disturbed by the verdict and the sentences handed down today by this court in Tripoli against former Gaddafi regime officials and members. Especially by the nine deaths sentences that passed." CECILE POUILLY TALKING TO JOURNALIST (SOUNDBITE) (French) CECILE POUILLY, OHCHR SPOKESPERSON SAYING: "Human Rights staff on the ground have closely monitored the trial and found that fair trial standards had failed to be met. Including lack of access to prisoners, for their lawyers, people have been judged in trials conducted in absentia, which mean they were not present during their trials. There are also claims of ill-treatment, which for now, have not been investigated by the Libyan authorities." CECILE POUILLY TALKING TO JOURNALIST (SOUNDBITE) (French) OHCHR SPOKESPERSON, CECILE POUILLY, SAYING: "Saif al-Islam Gaddafi has participated only partially to the court sessions. Four sessions out of more than 20. This shows again the issue of this trial in terms of fairness and justice." ENTRANCE TO OHCHR BUILDING
  • Embargoed: 12th August 2015 13:00
  • Keywords:
  • Location: Switzerland
  • Country: Switzerland
  • Topics: General
  • Reuters ID: LVA23F2B1IJERDC6DOEVSFFL4RIN
  • Aspect Ratio: 16:9
  • Story Text: A Libyan court on Tuesday (July 28) sentenced Muammar Gaddafi's most prominent son, Saif al-Islam, and eight others to death over war crimes including killings of protesters during the 2011 revolution that ended his father's rule.
    The former Gaddafi regime officials sentenced to die by firing squad included former intelligence chief Abdullah al-Senussi and ex-prime minister Baghdadi al-Mahmoudi, Sadiq al-Sur, chief investigator at the Tripoli state prosecutor's office, told a televised news conference in the capital.
    John Jones, a British lawyer hired to represent Saif al-Islam before the ICC, said a "show trial" led to the death sentences.
    "It's not a judicial process in my view, it's a judicially sanctioned execution at gunpoint, so you have something which, as with all show trials, has all the trappings and outward shows of a trial with judges in judicial robes appearing to be judges and defence lawyers who appear to be there to do their role, but it's all window dressing. It's clear that the militia wanted this as an outcome, that that outcome had to happen," Jones said.
    The ICC does not allow the death penalty.
    Jones said he wanted Gaddafi to be judged in the Hague where, he said, he would have more chances to have a fair trial.
    "My position remains that he should be delivered to The Hague, whether he can actually have a fair trial in The Hague is now another question, because a lot of his co-defendants would be witnesses, if they are all executed, well, there it goes any chance of him having a fair trial here," Jones said.
    The court, which has no police force of its own, relies on states to cooperate voluntarily with its arrest warrants.
    The United Nations human rights office (OHCHR) in Geneva said it was "disturbed" by death sentences.
    Cecile Pouilly, the OHCHR spokesperson, told Reuters Television that according to Human Rights staff on the ground there were true questions about whether the trial had met fair standards.
    "Human Rights staff on the ground have closely monitored the trial and found that fair trial standards had failed to be met. Including lack of access to prisoners, for their lawyers, people have been judged in trials conducted in absentia, which mean they were not present during their trials. There are also claims of ill-treatment, which for now, have not been investigated by the Libyan authorities," she said.
    "Saif al-Islam Gaddafi has participated only partially to the court sessions. Four sessions out of more than 20. This shows again the issue of this trial in terms of fairness and justice," Pouilly added.
    The sentences can be appealed and must be confirmed by Libya's Supreme Court.
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