"It took Reuters quite a while to be allowed to report that US President Barack Obama had approved an intelligence finding  letting the Central Intelligence Agency (CIA) loose in its support for the weaponized "rebels" fighting for regime change in Syria.
By now even fishermen in Fiji knew about this "secret" (not to mention that everyone and his neighbor across Latin America knows a thing or two about the CIA's regime change adventures). Reuters cautiously describes the support as "circumscribed". That's code for "leading from behind".
Whenever the CIA wants to leak something it uses a faithful scribe, such as David Ignatius from the Washington Post. Already on July 18 Ignatius was reproducing his briefing,  according to ... "
Saif Al Islam - The NATO's ICC and the NATO's Libyan government are locked in a dispute over where Saif should be tried.
"The only way for Libya and the Libyan people to have justice is for the ICC to try this case in a fair, impartial and independent manner," he was quoted as saying in a defence document submitted to the court on Tuesday.
"I would have liked to have been tried in Libya by Libyan judges under Libyan law in front of the Libyan people," Saif was quoted as saying in the document, issued after ICC lawyers visited him last month. "There will also be no truth if witnesses are faced with possible life sentences for simply testifying in my favour," he said. "I am not afraid to die but if you execute me after such a trial you should just call it murder."
His lawyer Melinda Taylor said after her release she believed it would be "impossible" for Saif to be tried in an independent and impartial manner in Libyan " courts". His lawyer Melinda Taylor and four ICC staff members were freed earlier this month after being held in Libya four almost four weeks while visiting Saif on behalf of the court.
"The history of how Libya became a bunker state reduces readily to short-hand. After overthrowing King Idris in 1969, Muammar el-Qaddafi, a young army officer, used his nation’s oil revenue to underwrite a decades’ long arms-purchasing spree, stockpiling weapons from the West but principally from Russia, China and the Eastern bloc. As his holdings grew, he used his arsenal to supply his expanding army and internal security units, as well as a source of items to export to guerrilla or terrorist groups in Chad, the Palestinian territories, Ireland and beyond. This was one of the many ways that Libya became a menace and regional scourge. Libya’s growing arms stockpile was also a means by which the colonel’s hold on power remained secure, at least until the uprising that toppled him and cost thousands of lives, including his own. ... "
AMSTERDAM (Reuters) - Slain Libyan dictator Muammar Gaddafi's son Saif al-Islam cannot get a fair trial in Libya and he claims if he is executed it would be tantamount to murder, his defense lawyers said...
"Just like during the operation in Libya the West is conducting an intensive information war to overthrow the regime in Damascus. Bloggers have even caught Die Kroner Zeitung publishing a fake photo.
Die Kronen Zeitung, one of the central newspapers in Austria, has joined this information war. In its story about the war in Syria it used Photoshop following the example of the Qatari film studios, which created fake footage about the brutality of the Muammar Gaddafi regime. Those films were financed by Saudi Arabia.
Back then many Arab mass media outlets caught Qatar distorting the events in Libya. Recently, bloggers have caught Die Kroner Zeitung publishing a fake photo. The photo shows a family of refugees against the background of the ruined city of Aleppo, which is the economic capital of Syria. The man is holding a child in his arms and the woman is in a headscarf are walking the street gripped by the flames of war. The comment under the photo read: the tanks of the army of Assad are laying the road to Aleppo, the stronghold of the opposition. ..."
" (...) Now, back to Libya. Although the OPCD’s response to Libya’s admissibility challenge does not make the argument explicitly — indeed, it repeats many of the unpersuasive criticisms of my article that scholars have offered over the years (see paras. 37-66) — it makes clear that Libya’s treatment of Saif violates not only international law, but also Libyan law. Indeed, it makes clear that, by continuing to deny Saif even the semblance of due process, the Libyan government is making it almost impossible for the Libyan judiciary to allow the charges to proceed against him:
75. Under domestic law, since Mr. Gaddafi is detained, he should have been provided with this evidence so that he can challenge the legality of his detention .
n. 56. Article 176 of the Criminal Procedure Code, Annex 1. Mr. Saleh Ibrahim Abduljawad, a Libyan lawyer who was sent by the Prosecution authorities on 8 June 2012 to speak to the four detained ICC staff, confirmed that under Libyan law, anyone who is being detained has a right to access the evidence which forms the basis of detention.
88. The Libyan authorities have also indicated that they intend to rely upon intercept evidence. Under Libyan law, the prosecution cannot obtain access to personal communications in the absence of an order from the judge. Failure to obtain such an order renders the evidence inadmissible. Given that it is highly unlikely that a judge would have issued such an order in February and March 2011, it must be presumed that the domestic prosecutors will be precluded from relying upon any such intercepts.
91. Under Libyan law, the use of evidence obtained from torture or coercion can taint the entire case, and result in the release of the defendant. The Libyan authorities assert that if the Accusation/Indictment Judge finds the evidence to be illegally obtained, then they must dismiss the case pursuant to Article 151 of the Criminal Procedure Code. Accordingly, if the domestic judicial authorities apply Libyan law in an independent and impartial manner, then the referral of the case to Libya should result in the dismissal of the case against Mr. Gaddafi due to the existence of tainted evidence. Such a result would be contrary to the preambular objective of the ICC to eliminate impunity.
95. Article 435 of the Libyan Criminal Procedure Code, also explicitly recognizes that statements obtained by coercive or oppressive circumstances should be excluded from criminal proceedings. Moreover, under Libyan law, any suspect interviewed by the Prosecuting authorities has the right to counsel, and to appear before a judge to contest the legality of their continued detention. Failure to comply with these requirements can render the statements inadmissible.
188. … The Libyan authorities have conceded that domestic law requires that detainees “should only be imprisoned in a purpose built facility unless this requirement is waived by the Prosecutor-General in exceptional circumstances (Article 4 of the Prisons Act).” Nonetheless, the Libyan authorities have provided no information as to whether such a waiver was issued, or if so, the nature of the exceptional circumstances justifying its issuance. Libyan law further specifies that such a waiver can only be for a maximum period of 15 days, which has been greatly exceeded in the present case. Libyan law requires the release of any person detained in violation of these provisions.
207. In light of the above difficulties, Mr. Gaddafi has not yet received any legal advice in connection with the domestic proceedings. As confirmed by the Libyan authorities, the case cannot progress to the next stage (confirmation of the charges) until this occurs.
216. The combination of the above factors should – if the Libyan authorities apply their domestic law in an impartial and independent manner – result in a finding that the proceedings thus far have flagrantly violated Mr. Gaddafi’s rights, and have failed to comply with fundamental tenets of the law.
217. Article 304 of the Libyan criminal procedure stipulates that the “breach of any disposition of law concerning essential procedures gives rise to the nullity of the procedure.” Article 305(1) states that “the breach of a provision concerning the composition of the tribunal, his functions, his competence in the qualification of the crime or, in any case, any matter related to public order gives rise to nullity.” Article 309 further provides that the declaration that a certain procedure is null, also affects any consequences of that procedure.
218. The finding by a domestic court that there has been a miscarriage of justice, that the proceedings are a nullity, or that the Prosecution is precluded from resurrecting charges that it had promised Mr. Gaddafi were terminated, would frustrate the ability of the domestic authorities to bring Mr. Gaddafi to ‘justice’, and deny alleged victims their right to the truth.
246. Under Article 105 of the Libyan Criminal Procedure Code, the Prosecuting authorities have an obligation to clearly and accurately inform a detained person of the nature of the charges, and to take minutes of such a meeting. If Mr. Gaddafi is prosecuted in Libya, it is possible that the Court might find that the provision of such promises to an unrepresented defendant — during an unrecorded meeting — constitutes a miscarriage of justice, and therefore terminate the case, or limit its scope to the corruption charges.
272. Article 80 of the Libyan Code of Criminal Procedure explicitly prohibits the investigative judge from seizing documents, which are communicated between counsel and client, and the Libyan authorities failed to provide any written orders or explanation of the legal basis for covertly and deceptively monitoring the visit or seizing Defence documents and property.
The implication of the law cited in these paragraphs is clear: because Libya has an independent judiciary, the government’s flagrant violations of Libya’s Code of Criminal Procedure are making it increasingly unlikely that Saif can be successfully prosecuted in a domestic court. Unfortunately, the OPCD’s response buries those paragraphs among dozens of others that identify all of the ways in which Libya’s criminal-justice system fails to live up to international standards. That failure is irrelevant, for all the reasons I explain in my article. But Libyan government’s failure to live up to the standards of its own criminal-justice system is exceptionally relevant. Because that failure is reducing the likelihood that Saif can be successfully prosecuted in a Libyan court, the ICC should deem Saif’s case admissible under Article 17. "
Abandoned weapons that were once part of toppled dictator Moamer Kadhafi's arsenal pose an ongoing and serious threat to civilians in Libya, warned a report published by Harvard University on Thursday.
" Leaders of Libyan militias openly partake in the formation of a new terror 'brigade' and terrorist training camp in Syria called the Ummah. The video is shown unedited up to 0.48 and is then repeated with annotations. A translation of the annotations is provided below. 0.55 This is part of an announcement of the formation of what is called the Ummah brigade. Perhaps some will think that those who are forming the brigade are defectors or Syrians. ... "
Comment from a Libyan reporting on the invasion of his country last year and the ongoing situation with tens of thousands jailed and under torture, killings continued with over 100,000 dead, and one million had to flee Libya for refuge after its...
"After nearly a year and a half of civil war and political turmoil, a Libyan criminal justice system that has barely begun to come to terms with the country’s past may be in danger of emulating its old mistakes, jurists and human rights activists warn.
Scores of former deputies of Colonel Muammer Gaddafi’s regime are held in special prisons and languish without trial or access to legal counsel. An estimated 9,000 other lower-ranking suspected war criminals are also being held in militia-run detention centres awaiting referral to a court system just beginning to get on its feet.
“After the judiciary system is back and running then they are ready to hand over prisoners so they can go through trials,” said Ali Sallabi, a leading Muslim cleric who has tried to foster reconciliation efforts between former regime supporters and the current authorities.
But the emergence of special courts for former regime insiders has lead to fears among some jurists that a parallel, politically-motivated special court system overseen by carefully vetted judges is already beginning to rise from the ashes of the former regime.
A prison and courtroom complex in Tripoli – known simply as the Rehabilitation Facility – is one of three in the country housing and trying high profile members of Col Gaddafi’s former regime. So far, only one of the defendants held here, Abuzeid Dorda, former external intelligence chief, has been brought to trial.
On a recent Tuesday, armed security officials escorted Mr Dorda to a defendants’ cage in front of a panel of judges. Prosecutors claimed they had witness testimony and wiretap recordings showing Mr Dorda had supplied weapons and ammunitions to fellow tribesmen to crush a rebellion in the country’s western mountains.
“I haven’t had a chance to sit down with my attorneys so that we are on the same page on a defence,” Mr Dorda pleaded. “Seven months of incarceration, being moved from one place to another, and I’ve still not had a chance to sit with my attorneys.”
His case was quickly adjourned until August 28.
Prison officials insist the rehabilitation facilities – the other two are in Benghazi and Misurata – protect former officials from harm and prevent the need to drive them in armed convoys along city streets.
“We’re dealing with very clear-cut cases of crimes during the revolution,” insists Othman al-Gilani, a former car dealer turned revolutionary who is now a spokesman at the Rehabilitation Facility. “In most cases, they carry these crimes on their backs.”
But some worry that former revolutionaries are creating separate tribunals which abide by their own rules, just as they have created parallel security forces under the ministries of defence and interior.
Judges trying cases at the Rehabilitation Facility must be vetted by a special “integrity” commission of the supreme court to make sure they were not former regime supporters.
There are also indications that standards of evidence for the defendants may be lower at the rehabilitation facilities than at other courts, which are sometimes unable to try cases against former regime insiders because documents were damaged during last year’s conflict.
“We are against the formation of special courts,” said Mohamed Abdul-Salaam Enwaji, chief judge of the North Tripoli Court of First Instance. “The defendants don’t have confidence in these courts. It’s as if the judges were chosen specifically to go after them.”
Libya’s legal system came under heightened international scrutiny after officials of the International Criminal Court were detained for nearly a month on charges of passing sensitive materials to Seif al-Islam Gaddafi during a recent visit.
Despite the doubts of international legal experts, Libyans insist they can try former regime stalwarts, including Seif al-Islam, on their own soil and have sought the extradition of former officials hiding abroad.
Libyan jurists say their government is unlikely to emulate the justice system of Col Gaddafi’s regime, which featured several layers of parallel justice, including a “People’s Court” and a “Revolutionary Court”.
But there is growing concern about the way the mechanism for trying the former regime stalwarts could mushroom, especially if authorities decide to expand its mandate to include crimes committed during Col Gaddafi’s rule or by low-level offenders.
“The right thing to do is to try these guys in the normal court, with each case assigned to the judge whose turn it happens to be, not to form special courts,” said Saleh Merghani, a celebrated Libyan human rights lawyer.
Despite the destruction of court buildings and police stations, and the documentary evidence they contained, legal experts say the ordinary criminal justice system is creaking back to life.
But it has so far refrained from taking up politically sensitive cases, including crimes by revolutionary militias. This may be because judges have been threatened and are scared to oversee controversial cases. “Some judges have had their homes burnt down,” Mr Enjawi said. “They have been attacked, threatened.”
There are also fears that some judges are Gaddafi loyalists. A purge of former regime remnants would bolster the revolutionaries’ confidence in the justice system, but many wonder who would adjudicate such cases.
Mr Merghani, who has sought justice for torture victims of the revolutionary militias as well as those killed by former regime operatives, says the Libyan legal system needs reform not dismantling. “It needs inspection and some repair,” he said. “We need to get better judges, to make the judges feel secure and independent. What Libya needs is a careful restructuring, not a full-scale purge.” »
((( Just if case FT see this ~~> [ PS.: Sorry FT I Copy-Paste - I can pay it with a Poem if U ask 4 a "Gratification" ] ))
SLAIN Libyan dictator Muammar Gaddafi's son Saif al-Islam believes he should be tried before the International Criminal Court (ICC) if justice is to be served, his lawyers says
" SLAIN Libyan dictator Muammar Gaddafi's son Saif al-Islam believes he should be tried before the International Criminal Court (ICC) if justice is to be served, his lawyers says.
"The only way for Libya and the Libyan people to have justice is for the ICC to try this case in a fair, impartial and independent manner," he was quoted as saying in a defence document submitted to the court on Tuesday.
The Hague-based ICC has issued warrants against both Saif and his late father's spymaster, Abdullah Senussi, for crimes against humanity committed while trying to put down last year's bloody revolt.
Saif has been in custody in the southern Libyan town of Zintan since his November in the wake of the uprising that toppled Gaddafi after more than 40 years in power.
The ICC and the Libyan government are locked in a dispute over where Saif should be tried.
"I would have liked to have been tried in Libya by Libyan judges under Libyan law in front of the Libyan people," Saif was quoted as saying in the document, issued after ICC lawyers visited him last month.
"There will also be no truth if witnesses are faced with possible life sentences for simply testifying in my favour," he said. "I am not afraid to die but if you execute me after such a trial you should just call it murder."
His Australian lawyer Melinda Taylor and four ICC staff members were freed earlier this month after being held in Libya four almost four weeks while visiting Saif on behalf of the court.
Taylor said after her release she believed it would be "impossible" for Saif to be tried in an independent and impartial manner in Libyan courts. "
REYHANLI, Turkey (Reuters) - Abdullah bin Shamar, a Saudi student, puts a small copy of the Koran among his few belongings packed neatly in a holdall as he prepares to set off with a Libyan friend across...
"(...) Some of the more immediate challenges within this hinge directly on what happens next with the armed brigades. In March 2012, the United Nations estimated that between 5,000-6,000 so-called “conflict-related detainees” remained within the custody of armed brigades, while another 2,400 individuals are in state custody. The militias have no authority to detain under Libyan law and torture in militia-run facilities has been widely documented by Human Rights Watch, Amnesty International and others. According to Human Rights Watch, the detainee population is comprised of Gaddafi security force members, former Gaddafi government officials, suspected Gaddafi loyalists, suspected foreign mercenaries or migrants from sub-Saharan Africa. While some of these individuals are suspected of serious crimes, it is unclear how many detainees have had access to a judicial process to review their detention.
Saif al-Islam Gaddafi is among the most high-profile of those currently being detained. Although Saif al-Islam Gaddafi is held by the Zintan militia in western Libya, the Government claims his detention has been authorised by the Libyan Prosecutor General and is subject to judicial supervision. Saif al-Islam Gaddafi is wanted on an International Criminal Court (ICC) arrest warrant for crimes against humanity and ICC judges are currently reviewing Libya’s petition to take back the Saif al-Islam Gaddafi case in order to try him at home. If the Libyan authorities can prove they are able and willing to prosecute the case, the ICC may defer under what is known as its “complementarity” principle.
The Dorda case might have been a potential test of the Libyan system’s ability to mete out fair justice for serious crimes, but it will now start no earlier than 28 August 2012. But in an even greater setback to the efforts of the Libyans to try Saif al-Islam Gaddafi at home, the Zintan militia detained four ICC staff, including his court-appointed defence lawyer, on an official court visit. The detention violated the immunity to which the four are entitled via the United Nations Security Council referral that sent the case to the ICC. Their release was secured only after a month of negotiations between the Zintan militia, central Libyan authorities, the ICC and the international community, reflecting the weak position of the central authorities vis-à-vis the militia and raising serious questions as to whether Saif al-Islam Gaddafi will be able to secure an effective defence at home. (...) "
Whereas the government bears a burden of responsibility pertaining to the conduct of its military operations in urban areas directed against the rebels, the gruesome human rights record of the US-NATO supported "Free Syrian Army" (FSA) is unequivocal. Amply documented, the killings of innocent civilians were not carried by the government but, quite deliberately, by the Free Syrian Army (FSA).
These killings were implemented as part of a diabolical intelligence operation, which consisted in blaming the Syrian government for the atrocities committed by rebel forces. (See Michel Chossudovsky, SYRIA: Killing Innocent Civilians as part of a US Covert Op. Mobilizing Public Support for a R2P War against Syria, Global Research, May 30, 2012)
The substance of Russia's finger pointing is confirmed by numerous reports.
According to the leaked Arab League Observer Mission Report: which had initially been commissioned by the Arab League at Washington's behest:
"In Homs, Idlib and Hama, the Observer Mission witnessed acts of violence being committed against Government forces and civilians that resulted in several deaths and injuries. Examples of those acts include the bombing of a civilian bus, killing eight persons and injuring others, including women and children. ... Such incidents include the bombing of buildings, trains carrying fuel, vehicles carrying diesel oil and explosions targeting the police, members of the media and fuel pipelines. Some of those attacks have been carried out by the Free Syrian Army and some by other armed opposition groups." (League of Arab States Observer Mission to Syria, Report of the Head of the League of Arab States Observer Mission to Syria for the period from 24 December 2011 to 18 January 2012,
The Arab League Observer mission report was subsequently shelved because it revealed the forbidden truth, namely that the US-NATO sponsored "rebels" rather than the government were behind the massacres. (...)