News
Human rights: Access to a Lawyer, Libya, Saif Gaddafi and the International Criminal Court
31 January 2012
Sir Geoffrey Nice QC and Rodney Dixon are instructed on behalf
of Mishana Hosseinioun: a very close friend and confidant of Saif
Al-Islam Gaddafi, human rights activist and scholar. An application
was filed with the International Criminal Court on 30 January 2012
asking that the Court grant leave for observations to be made
concerning the violation of Saif Gaddafi's human rights.
The application is made on the basis that Saif Gaddafi, who is
subject to an ICC arrest warrant, has been arrested and detained in
Libya. He is presently still unable to contact or instruct any
lawyer, or to contact family or friends in order to help him do so.
He has expressed the wish to find a lawyer and to be represented,
but no concrete action appears to have been taken to ensure that he
has legal representation of his choosing for the proceedings before
the ICC.
Having no lawyer to represent him, he is therefore unable to
make submissions to the Chamber on admissibility and other issues
which would enable the case to be properly and fairly determined.
The Prosecutor has not raised any of these matters before the ICC.
The Applicant argues that she is in a unique position to offer
observations to the Chamber as a very close friend and confidant
who is requesting access to Saif Gaddafi to assist in the
appointment of legal counsel and to safeguard his rights.
She sets out in the Application her concerns about the risks to
Saif Gaddafi's life and wellbeing given the manner in which
his rights are being violated and the uncertain security situation
in Libya and in light of reports that are emerging of
extra-judicial killings and torture of persons detained by the
authorities in Libya.
The Application explains the observations that would be made if
leave were granted, concerning the right of access to a lawyer
under the ICC Statute, Libyan law, and International Human Rights
standards.
The Application explains that if granted leave to make
observations the ICC would be asked to: order Libya to ensure that
Saif Gaddafi is guaranteed his fundamental right to have access to
a lawyer of his choosing in order to be represented in the ICC
proceedings and generally; require Libya to provide clear
guarantees about the circumstances of Saif Gaddafi's detention in
Libya while proceedings are under way before the ICC; order Libya
to guarantee that his rights as a detainee are being respected
under International Law and in accordance with the provisions of
the ICC Statute; take no decision concerning the admissibility of
the case should be made until Saif Gaddafi has been given the
opportunity to instruct a lawyer of his choosing and to make
submissions before the ICC if he so wishes; and require Libya
either to make an admissibility challenge or to comply with its
obligations to surrender Saif Gaddafi pursuant to the ICC arrest
warrant.
The Application can be found at
http://www.icc-cpi.int/NR/exeres/CD2DADBA-69B3-4B67-919B-2D4A8653E752.htm