Extradition of Qaddafi's son puts ball in Libya's court
| Tripoli, Libya
Last night Saadi Qaddafi,聽the son of the late Libyan dictator, reluctantly boarded a plane in Niger and flew home to Tripoli, reportedly in the custody of Libyan security agents. His extradition聽is聽both聽an achievement and a challenge for Libya, three years after the revolt聽that toppled Muammar Qaddafi's regime.聽
Saadi Qaddafi is the latest of several fugitive former regime figures聽taken聽into聽Libyan聽custody.聽But聽it's unclear whether Libya鈥檚 shaky government can ensure any of them fair and speedy trials.
The International Criminal Court (ICC) in the Hague has said that after聽decades of Muammar Qaddafi's corrosive and capricious rule, Libya remains too insecure and its court system too weak to guarantee that big fish suspects are properly investigated and tried.
The question of how to handle former regime officials has been a source of contention.聽Last year, militias parked gun trucks outside ministry buildings to force the General National Congress (GNC) to pass a law barring many former officials 鈥� including some who聽swiftly joined the opposition after protests gained traction聽鈥� from politics.
Then there鈥檚聽the case of聽Saadi's brother, Saif al-Islam, who was groomed as the dictator's successor. In February 2011, in a rambling televised speech, he prophesied 鈥渞ivers of blood鈥� if protests continued against his father, a speech that earned him infamy both at home and abroad.
Today, Saif al-Islam is the object of a tug-of-war between the ICC, Libya鈥檚 government, and the militia from the city of Zintan, near Tripoli, that captured and continues to hold him.
That militia, the Abubaker Essadiq Brigade, nabbed Saif al-Islam in the deserts of southern Libya as he tried to flee in November 2011. According to its commander, the militia answers to Libya鈥檚 defense ministry, and Saif al Islam's trial by a Zintan court 鈥撀爓hich has was ordered last October by a Tripoli court but has been postponed several times聽-聽is聽legally聽equivalent to a trial by a court in the capital.
Still, in a reminder of the power struggle between Libya's central authorities and the heavily armed militia that hold sway in many towns and cities, Commander聽Al Ajemi al Eteiri聽argues that transferring the former dictator's son would be both unnecessary and impractical.
鈥淚n Tripoli, there鈥檚 no chance for a fair trial, and no security,鈥� he says,聽citing disorder in the capital.聽鈥淶intan is better in every way.鈥�
Said Khattaly, a GNC member and chairman of its committee on foreign affairs, disagrees. 鈥淸Saif al Islam] should be tried in Tripoli 鈥� that鈥檚 the capital,鈥� he says. But 鈥渢he government is weak and can鈥檛 force [militias]鈥� to hand him over.聽
The ICC, meanwhile, wants to try Saif al-Islam for alleged crimes against humanity. Last year it rejected an appeal by Libya鈥檚 government to try him at home. Nevertheless, Libya has moved forward with his trial, as well as that of other regime figures,聽with聽the ICC powerless to intervene.聽
鈥淚t is understandable that the authorities may want to proceed promptly and try these individuals in Libya,鈥� said Amnesty International in urging Libya to surrender Saif al-Islam and former intelligence chief Abdallah Senussi to the ICC. 鈥淏ut such trials today will not serve justice. Libya鈥檚 justice system is in desperate need of an overhaul.鈥�
That assessment was echoed in , based on interviews the previous month with Saif al-Islam, Mr. Senussi, and former prime ministers Mahmoudi al Baghdadi and Abuzeid Dorda. All four men are on trial for alleged serious crimes during the 2011 revolt, the report said, and told HRW that they had either had inadequate access to legal counsel, or no legal counsel at all.
It鈥檚 not clear what charges Saadi, a聽reputed聽playboy and failed professional soccer player, may face. He had been under house arrest in Niger since 2011. He may be charged for alleged crimes during the 2011 revolt, as well as alleged聽armed聽misappropriation of property and armed intimidation during a stint as the head of Libya鈥檚 national soccer federation, , citing the state news agency.
Libya鈥檚 government said in a statement today聽that Saadi would be treated in accordance with international law.
