The Hague, April 10, 2012 (FH) - Xavier-Jean Keita, Principal Counsel at the ICC's Office of Public Counsel for the Defence, claimed on Tuesday that Saif Al-Islam Gaddafi could be “sentenced to death and then executed in Libya” before being transferred to the International Criminal Court (ICC).

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A spokesman for Libya's governing National Transitional Council declared that the suspect could be transferred to a special jail in Tripoli within 10 days for trial. A verdict could be rendered before mi-June, he added.

On April 4, Judges at the International Criminal Court (ICC) declared that Libya had to make arrangements to hand over Muammar Gaddafi's son, in compliance with an international arrest warrant issued on June 27, 2011.

However, Tripoli is insisting that he should be tried in Libya.

Saif al-Islam Gaddafi is wanted by the court to face charges of crimes against humanity committed after February 2011.He has been held by a militia in Zintan since he was arrested on November 19, 2011.

According to Keita, the case is in the middle of financial and political disputes.

Keita also said that Saif al-Islam was given wrong information concerning the status of domestic investigations against him. "Mr Gaddafi was advised that he was being investigated for trivial allegations concerning the absence of a licence for camels, and irregularities concerning fish farms, and that he would not be pursued for serious crimes, such as murder and rape, due to lack of evidence," the Defence counsel said.

Saif al-Islam complained to a defence member who visited him on March 3 that he lacked fresh air, light and was suffering “due to the absence of dental treatment”. He also claimed that he had been beaten at the beginning of his detention.

If Libya wants to try Saif al-Islam, it has to prove that a fair trial could be organized on its soil. Such a request has little chance of success. However, the study of the request would give enough time for Libya to organize its own trial, judge, sentence and execute Saif al-Islam.