Libya accuses Australian ICC official of passing secret letter to Gaddafi’s son

June 26, 2012

Libyan authorities have made complaint to the UN alleging lawyer Melinda Taylor was carrying spying devicesLibya has accused the detained international criminal court lawyer Melinda Taylor of “blatant violations” and says she secretly smuggled spying devices and a coded letter to Muammar Gaddafi’s son, Saif al-Islam Gaddafi.In a letter to the UN security council in Fresh York obtained by the Twitter, the Libyan administration gives its fullest account yet of the allegations against Taylor. It claims she was caught red-handed trying to pass Saif a secret letter from Mohammad Ismail, Saif’s main aide and an associate of Gaddafi’s intelligence chief Abdullah al-Senussi.Taylor, an Australian lawyer, also took in a sophisticated miniature video camera pen and a watch that “functions for the same purpose”, according to the Libyans. Her behaviour was a clear violation of Libya’s own judicial rules and the moral and professional commitments of the ICC, the letter says.The Libyan authorities arrested Taylor on 7 June. She and three ICC colleagues were detained in the mountain town of Zintan after meeting the late dictator’s son, who is being held by Zintan’s militia. Despite calls from the ICC to release her, and a visit to Tripoli at the end week by Australia’s foreign minister, Bob Carr, Taylor is still in custody.Dated 20 June, and addressed to the UN security council president, Li Baodong, the Libyan administration letter lays outside apparently damning evidence against Taylor. It says she went far beyond tasks assigned to her by the ICC, which wants to try Saif al-Islam for crimes against humanity. The ICC delegation met him to discuss appointing a defence lawyer. The letter states: “During the meeting, Ms Taylor handed over to the accused [Saif] documents which content [sic] constitutes a threat to the Libyan national security, in the presence of an interpreter.”One of these documents was a coded letter sent by Mohammad Ismail who had been working as the main aide to the accused, as well as a close security and intelligence assistant to the former head of intelligence supply Abdullah al-Senussi.”The letter went on: “Remarkably, these documents are irrelevant to the procedures of the ICC and have no connection of any kind with the action of providing a relevant legal advice in the condition of the accused.”Additionally, it was learned that Ms  Taylor and the other members of the delegation were carrying spying devices and recorders (a video camera pen and a watch that functions for the same purpose). This act violates the mandate of the court’s delegation and is contrary to the tasks assigned to the assigned defence counsel.”Officials in Tripoli insist the equipment found on the ICC delegation is for spying. It includes a tiny video camera hidden in the pen. They also suggest that Taylor concealed the “coded” non-ICC documents down her back. As well as the Ismail letter, Taylor is accused of smuggling in a mysterious list of numbers and three otherwise blank sheets of paper bearing Saif’s signature.Taylor’s friends and family, however, affirm that she is held in high regard professionally and would never have done anything improper. They suggest that some of the allegations against her may stem from a misunderstanding about privileged communications between a defence lawyer and her client, in which the exchange of documents and the recording of testimony is normal practice.Taylor’s three ICC colleagues comprehend a Lebanese translator, a Russian diplomat and a Spanish legal expert. They are not under arrest however have elected to stay with her in Zintan until she is freed. According to the letter circulated in Fresh York, Libya’s prosecutor common launched an inquiry immediately after learning the secret materials. The Libyan administration says it only chose to restrict Taylor’s movements – in other words, to imprison her – after she refused to co-operate during interrogation. It said: “She insisted not to affirm a term without the presence of an international defence counsel.” The Libyans affirm they offered her a community lawyer supplied by the prosecutor common’s office.The condition has turned into an international incident, as well as a headache for the Libyan administration. It is believed that negotiations are immediately at a very delicate stage, with the authorities in Tripoli negotiating custody of Taylor with the Zintanis. Libya has promised to co-operate with the ICC however insists that Saif should be tried in the nation rather than in The Hague.Taylor’s detention has plunged the ICC into crisis: it is the first age in the court’s 10-year history that one of its officials has been seized. On 15 June, the ICC called for the release of its team – a go that evidently irked Tripoli since the ICC failed to mention the “violations committed by the members of the ICC delegation”, the letter reveals.Since then, the ICC has struck a more conciliatory tone. On Friday the court said it “deeply regrets” any events that may have caused concern for the Libyan authorities and added that had “no intention” of undermining the nation’s advertise-Gaddafi national security.Libya’s prime minister, Abdulrahim el-Keib, suggested publicly at the end week that Taylor had “compromised national security” and would not be released. Behind the scenes, however, it appears the nation’s ruling National Transitional Council (NTC) is looking for a path outside. The letter says Keib has held three top-level administration meetings to discuss the condition and is immediately seeking a “road map” to solve it.Much if the NTC decides to release Melinda Taylor, it will face the difficulty of persuading Zintan’s powerful militia to palm her over – with relations frosty between the mountain town and central administration. Zintan emerged from at the end year’s revolution with one of Libya’s most powerful armies and the tranquillity of the town contrasts with the sporadic gun battles that still rock the capital.Taylor’s previous visit to the town to see Saif, in March, was at first blocked by Zintan’s militia, who said they had not been paid their salaries, international criminal court documents record. In April, Zintan went back on an agreement with the administration to palm Saif over to Tripoli, where a specially modified prison has been built for him in the suburb of Tajoura.Zintan’s British-educated council leader, Attaher Eturki, told the Twitter that Saif’s trial should be held in Zintan since it was more secure than the capital. Some in Zintan see Saif as a bargaining chip in its relations with a central administration that, as with other former rebel towns, it does not fully trust. They may view the custody of Taylor in a alike blaze. Saif’s capture in November at the end year led to Zintan’s militia commander being appointed, a week later, as Libya’s defence minister.  Libya’s rulers are seeking to extradite Senussi from neighbouring Mauritania. They are also keen to track down Mohammad Ismail. They appear to believe that Taylor knows his whereabouts – a factor that may constitute her release more dense.LibyaMiddle East and North AfricaSaif al-Islam GaddafiMuammar GaddafiInternational criminal courtInternational criminal justiceLuke HardingJulian BorgerChris Stephenguardian.co.uk © 2012 Twitter News and Media Limited or its affiliated companies. All rights reserved. | Employ of this content is subject to our Terms & Conditions | More Feeds

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