Libyan prosecutors argue that the son of slain Libyan leader Muammer Gaddafi should be tried in Libya, where he stands accused of committing crimes against humanity. They have said they need more time to prepare the case against Saif Gaddafi.
reported Libyan lawyer Ahmed al-Jehani said: "The government of Libya is committed to carrying out a fair trial for any ex-Gaddafi government official. We will create a judicial system that is fair and this will prove our commitment to the rule of law."
Gaddafi's ICC defence lawyer, Melinda Taylor, who was detained in Libya
in June on charges of bringing suspicious documents to Gaddafi, accused Libyan lawyers of misleading the ICC by saying if Gaddafi receives the death sentence it could possibly be commuted.
reported Taylor cited a law passed by Libya's National Transitional Council which said "no child of Gaddafi will ever benefit from leniency." As Digital Journal
reported the NTC passed Law 37, known as the 'Glorification Law'. Law 37 is blatantly weighted against anyone who supported Gaddafi and makes it a criminal offence to harm the 17 February revolution, demonstrating a clear lack of impartiality under Libyan justice. Former Justice former justice minister Mohammed Allagi described the law "as an obvious violation of public rights of freedom and human rights."
Gaddafi has been held by the Zintan brigade for almost a year. Philippe Sands, one of the lawyers representing Libya at the ICC hearing said there was no truth in accusations brought by Gaddafi's lawyers that he has been mistreated whilst in custody.