ICC lawyers say: Gaddafi son 'attacked in custody' in Libya

Posted Apr 5, 2012 by Layne Weiss
According to BBC News, defense counsel for Saif al-Islam Gaddafi, son of Libya's former dictator, Muammar, are claiming he has been attacked in custody in Libya.
Seif al-Islam Gadhafi captured in Libya
Seif al-Islam Gadhafi captured in Libya
Free Libya TV
In a statement, Gaddafi's lawyers said he had been kept in isolation and beaten, BBC News reports.
"Gaddafi has been physically attacked," ICC defense lawyer Xavier-Jean Keita said Thursday. "He also suffers from pain due to the absence of dental treatment," the lawyer said.
ICC defense lawyers also claim they were informed originally their client would be charged for minor crimes involving a camel license and fish farm issues, BBC News reports.
Now, however, the ICC is charging Saif with crimes against humanity, The Telegraph reports.
According to BBC News, Libya's government and the ICC are disputing who has the right to try Mr. Gaddafi.
Reed Brody, a researcher at Human Rights Watch believes the London School of Economics graduate should be handed over to the Hague.
"The Libyan authorities have a clear obligation under UN Security Council 1970 to surrender Saif," Reed said. "Trial at the ICC is a last resort, but the ability of the Libyans to be able to do complex criminal trials of this sort is not present in the chaotic current circumstances."
According Xavier-Jean Keita, the lawyer acting as Saif's primary counsel, his client has been "interviewed by domestic authorities without the benefit of legal representation, and has been provided with misleading information conceding the status of domestic investigations against him."
Gaddafi's defense counsel also charges that both they and their client had been informed there was not enough evidence to pursue Gaddafi for "serious crimes," BBC News reports.
The ICC says Saif is in a "legal black hole" and is being deprived of his rights.
Amnesty International head of justice Marek Marczynski said that "Libya must act on the ICC's decision and surrender Saif al-Islam without further delay."
Judges at the ICC have denied Libya's request postpone handing over Saif, and have "urged the country's rules to proceed immediately with the surrender," The Telegraph reports.
According to BBC News, the Libyan government is arguing that it is fitting for Gaddafi to be tried in Libya, and have said they are building a special court for his trial.