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The Working Group on Arbitrary Detention, part of the UN’s Human Rights Council, on 13 December 2013, released its Opinion Concerning Saif Al-Islam Gaddafi, in which it held that his continued detention in Zintan, Libya “has been arbitrary, being in contravention of article 10 of the UDHR, and articles 9 and 14 of the ICCPR…” The Working Group also held that “the gravity of the violations, their nature in this case, and the Government’s inability to rectify the violations, has made [it] impossible to guarantee Mr Gaddafi’s right to fair trial in Libya.” The Working Group stated that the “adequate remedy would be to discontinue both the domestic proceedings against Mr. Gaddafi and his detention under those proceedings without prejudice to the Government’s obligations before the ICC…” Finally, the Working Group reminds all States “to cooperate with the Working Group, to take account [of] its views and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily deprived of their liberty…” The opinion will hopefully add to pressure on Libya to comply with its international obligations and transfer Mr. Gaddafi to the International Criminal Court where he is represented by John Jones QC, Sarah Bafadhel (of 9 Bedford Row) and Andrew Burrow.
The full opinion can be accessed here.
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