"The ICC’s Pre-Trial Chamber is considering the Libyan government’s challenge to the admissibility of the case against Saif al-Islam Gaddafi. The request raises serious concerns as to whether he would receive a fair trial in Libya. The plain meaning of the rule of complementarity spelled out in Article 17 of the Rome Statute; the interpretative provisions in Article 21 (3); and a teleological approach confirm that, if the judges are not satisfied that the rights of the accused will be respected in national criminal proceedings, the case will be admissible and the application must be rejected.
Saif al-Islam Gaddafi was arrested in November 2011 and is being held in Zintan by militia who are refusing to hand him over to the central authorities. According to the Office of Public Counsel for Defence representing him at the ICC, he has been held in isolation in secret locations without access to national courts or effective access to a lawyer or facilities to communicate with his family.
More generally, the Libyan national justice system remains in a weak state. Thousands of suspected al-Gaddafi loyalists are currently being detained in Libya by armed militias outside the framework of the law. Only a small number have been presented before a court or charged with a recognisable criminal offence. Amnesty International has documented torture and other ill-treatment of these detainees, in some cases resulting in coerced confessions and death. (...) "