25 June 2012

Libya: Mahmoudi's Extradition - President Marzouki Decides to Submit to Constituent Assembly What He Described As 'Infringement of His Prerogatives'

Carthage — Caretaker President Moncef Marzouki decided to submit to the Constituent Assembly what he described as "infringement of his prerogatives" regarding the extradition of Libyan former Prime Minister to take the necessary measures in compliance with article 20 of the law providing for the provisional organisation of powers.

In a written statement of the official spokesman for the presidency Adnane Mancer, a copy of which was sent on Sunday evening to TAP news agency, the presidency says this extradition is illegitimate and the decision has been made in a unilateral way without consultation between the President, the Prime Minister and the Constituent Assembly Speaker and without approval and signature of the President of the Republic.

Mr. Mancer also says President Marzouki believes that "the handover of Mahmoudi is more a matter for Tunisia's foreign policy than justice and that the foreign policy is the concern of the presidency of the republic," adding that in case of dispute, the case must be referred to the Constituent Assembly.

He outpointed "the categorical refusal by the Presidency of the Republic of Baghdadi Mahmoudi's extradition, holding the Prime Minister who signed the decision responsible for anything that can happen to Mahmoudi and for the possible repercussions on the Troïka."

The official spokesman for the presidency reminds that "the Troïka had agreed to handover Mahmoudi after the holding of elections in Libya and after making sure that he will be given a fair trial," stressing that "the committee tasked with ascertaining that the conditions of detention and fair trial for Mahmoudi are provided, has not yet published its final report."

He went on saying that "the decision of extradition is a blatant violation of Tunisia's international and UN commitments especially as the UN high commissionership for refugees had asked Tunisian authorities not to handover Mahmoudi until a ruling is made on his asylum request in compliance with the Geneva convention of 1951".

In conclusion, Mr. Mancer outlined that "the Presidency of the Republic considers that the handover in this way of Mahmoudi is a threat to Tunisia's image in the world, just as it makes it look like an irresponsible state that is not committed to compliance with a fair trial."

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