Saif al-Islam Gaddafi being mistreated in Libyan custody, war crimes court says

Saif al-Islam Gaddafi, son of the late deposed Libyan dictator Muammar al-Gaddafi, is being mistreated in custody in Libya, his defense counsel at the International Criminal Court has alleged.

In a statement, the lawyers said he had been beaten and was being kept in near-total isolation by a militia in the Libyan city of Zintan, the BBC reported.

The court has said Libya must make arrangements to hand over Saif Gaddafi immediately, based on the reports of mistreatment, CNN reported.

It also raised concerns that prosecutors were told Gaddafi would only be tried for minor crimes involving a camel licence and fish farm irregularities by the Libyans.

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The Libyan government and ICC are at odds over who will try Gaddafi, with Libya's governing National Transitional Council saying he should be tried in the country and the ICC saying Libyans must co-operate with the war crimes court at The Hague in the Netherlands.

The ICC issued an arrest warrant for Gaddafi for alleged crimes against humanity at the time of his November capture.

CNN cited his ICC-appointed lawyers, Xavier-Jean Keita and Melinda Taylor, as saying: "At no point have the Libyan authorities been legally justified in their failure to surrender him to the ICC," the lawyers said.

"The brutal death of Muammar Gaddafi deprived the Libyan people of their right to justice, and their right to the truth. It would be a travesty for the prospects of a free and fair Libyan state if the same were to occur to his son."

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During his 139 days so far in detention, he has suffered untreated dental pain and been "physically attacked." 

Amnesty International has also called on Libya to hand over Gaddafi, saying: "An unfair trial before a Libyan court where the accused could face the death penalty is no way to guarantee justice and accountability."

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