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ICC says Libya can try Gaddafi's spy chief Senussi

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AFP The Hague
Last Updated : Oct 11 2013 | 5:36 PM IST
The International Criminal Court today ruled that Libya can try slain dictator Muammar Gaddafi's former spy chief, having previously demanded he be handed over to The Hague.
Because Abdallah al-Senussi is being tried in Libya, ICC judges "concluded that the case is inadmissible before the court, in accordance with the principle of complementarity," it said.
The ICC stressed that the Senussi decision had no bearing on the case against Gaddafi's son Seif al-Islam, who is still wanted in The Hague.
Gaddafi's former heir apparent and others including Senussi are accused of crimes during the revolt against Gaddafi two years ago.
Judges ruled that "the case against Senussi is currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to carry out such investigation."
The ICC's founding document, the Rome Statute, says that the ICC cannot carry out proceedings against a suspect if they are receiving a fair trial on similar charges in a domestic court.

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The court said the decision could be reviewed if it appeared Senussi was not getting a free trial.
The pre-trial chamber "found that the evidence submitted by Libya is sufficient to conclude that the Libyan and the ICC investigations cover the same case and that concrete and progressive steps are being undertaken by the domestic authorities in the proceedings against Senussi."
A Tripoli court is to decide on October 24 whether to indict Seif al-Islam and Senussi, among 20 senior figures from Gaddafi's regime charged with killing protesters during the 2011 revolt that toppled him.

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First Published: Oct 11 2013 | 5:36 PM IST

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