From: “News Release – African Press Organization (APO)”
PRESS RELEASE
ICC Pre-Trial Chamber I rejects Libyan challenge to the admissibility of the
case against Saif Al Islam Gaddafi
THE HAGUE, Netherland, May 31, 2013/ — Today, 31 May 2013, the Pre-Trial
Chamber I of the International Criminal Court (ICC) (http://www.icc-cpi.int)
rejected the challenge to the admissibility of the case against Saif Al
Islam Gaddafi suspected of crimes against humanity of murder and
persecution, allegedly committed in Libya from 15 February 2011 until at
least 28 February 2011. The Chamber reminded Libya of its obligation to
surrender the suspect to the Court. The Libyan authorities may appeal this
decision or submit another challenge to the admissibility in accordance with
article 19(4) of the Rome Statute.
Logo: http://www.photos.apo-opa.com/plog-content/images/apo/logos/cpi-1.jpg
A challenge to the admissibility of the case is granted if the case is being
investigated by a State which has jurisdiction over it, unless the State is
unwilling or unable genuinely to carry out the investigation or prosecution.
The challenge to the admissibility of the case against Mr. Gaddafi was
submitted by Libya on 1 May 2012 and the Chamber conducted an assessment of
the evidence presented by the parties and the participants.
The Chamber concluded that it has not been sufficiently demonstrated that
the domestic investigation cover the same case that is before the Court.
In addition, the Chamber recognized Libya’s significant efforts to rebuild
institutions and to restore the rule of law. The Chamber, however, stressed
that the Libyan State continues to face substantial difficulties in
exercising fully its judicial powers across the entire territory. Namely,
the Libyan authorities have not been able to secure the transfer of Mr
Gaddafi into State custody and impediments remain to obtain the necessary
evidence, and secure legal representation for Mr Gaddafi.
Pre-Trial Chamber I is composed of Judges Silvia Fernandez de Gurmendi,
Presiding, Hans-Peter Kaul, and Christine Van den Wyngaert.
Distributed by the African Press Organization on behalf of the International
Criminal Court.
Summary of the decision
(http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc
0111/related%20cases/icc01110111/Documents/Summary-of-the-Decision-on-the-ad
missibility-of-the-case-against-Mr-Gaddafi.pdf ) (also available in Arabic:
http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/Documents/Summary-of-the-Decision-on-the-adm
issibility-of-the-case-against-Mr-Gaddafi-Ara.pdf)
Decision on the challenge to the admissibility of the case against Saif Al
Islam Gaddafi:
http://www.icc-cpi.int/EN_Menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/court%20records/chambers/pretrial%20chamber%
20i/pages/344.aspx
ICC Audio-visual programme, “News from the Court”: English
(http://www.youtube.com/watch?v=r8YA_8C3OyA) – Arabic
(http://www.youtube.com/watch?v=b0gEUPil_ss) ; and for download: MP4
(English:
http://www.fileserver.icc-cpi.info/video/News_from_the_Court_Libya_English.m
p4 – Arabic:
http://www.fileserver.icc-cpi.info/video/News_from_the_Court_Libya_Arabic.mp
4) and MP3 (English:
http://www.fileserver.icc-cpi.info/audio/News_from_the_Court_Libya_English.m
p3 – Arabic:
http://www.fileserver.icc-cpi.info/audio/News_from_the_Court_Libya_Arabic.mp
3).
More information on this case, please click here:
http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/icc0
111/related%20cases/icc01110111/Pages/icc01110111.aspx.
For further information, please contact Fadi El Abdallah, Spokesperson and
Head of Public Affairs Unit, International Criminal Court, by telephone at:
+31 (0)70 515-9152 or +31 (0)6 46448938 or by e-mail at:
fadi.el-abdallah@icc-cpi.int.
You can also follow the Court’s activities on YouTube
(http://www.youtube.com/IntlCriminalCourt) and Twitter
(http://twitter.com/IntlCrimCourt)
SOURCE
International Criminal Court (ICC)