“The effect of this morning’s decision is to condemn Senussi to face mob justice without even access to a lawyer, and in which the inevitable outcome is the death penalty.”
The pre-trial chamber “found that the evidence submitted by Libya is sufficient to conclude that the Libyan and the ICC investigations cover the same case and that concrete and progressive steps are being undertaken by the domestic authorities in the proceedings against Senussi”.
It also took into account the fact that Senussi is detained by Libyan state authorities, the quality of the evidence against him in the domestic case, and “efforts made to resolve certain issues in the justice system by recourse to international assistance”.
A Tripoli court is to decide on October 24 whether to indict Seif al-Islam and Senussi, among 20 senior figures from Gaddafi’s regime charged with killing protesters during the 2011 revolt that toppled him.
However, Seif remains in the hands of rebels in the western Libya town of Zintan, who have refused to hand him over to Tripoli authorities.
Muammar Gaddafi was captured and killed by rebels in his hometown of Sirte after an eight-month revolt against his four-decade rule backed by NATO air strikes.
Seif appeared before a Zintan court last month, which adjourned a separate trial until December 12.
Rights groups Amnesty International and Human Rights Watch had both urged the immediate handover of Seif and Senussi to the ICC to face war crimes charges.
Family members of those killed in the Abu Selim prison massacre of 1996 – allegedly ordered by Senussi – demonstrated outside the courtroom holding up pictures of those killed.
About The Author
