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Tue, March 15, 2011 | WikiLeaks

Hannibal Gaddafi, seen in these mugshots that were taken after he was arrested by Geneva authorities at a hotel in Geneva on July 15, 2008 for assaulting two of their domestic employees.

WikiLeaks: Swiss President Merz Apologizes to Libya for Hannibal Gaddafi Arrest

In a bid to win the freedom of two Swiss citizens who have not been permitted to leave Libya for over a year, Swiss President Hans-Rudolf Merz traveled to Tripoli August 20 and met with Libyan Prime Minister ElBaghdadi Mahmudi. The unannounced visit culminated with Merz making a public apology for what he termed the “inappropriate and unnecessary” arrest of Hannibal Gaddafi, son of Libyan leader Muammar Gaddafi, in Geneva in July 2008. Merz also signed an agreement with the Libyan PM seeking to “settle the dispute which resulted from the incident of the arrest.”

Source: WikiLeaks

Reference ID: 09BERN351
Created: 2009-08-24 05:05
Classification: SECRET//NOFORN
Origin: Embassy Bern

VZCZCXRO9303
PP RUEHTRO
DE RUEHSW #0351/01 2360553
ZNY SSSSS ZZH
P 240553Z AUG 09
FM AMEMBASSY BERN
TO RUEHC/SECSTATE WASHDC PRIORITY 6017
INFO RUEHLO/AMEMBASSY LONDON 0511
RUEHTRO/AMEMBASSY TRIPOLI 0005

S E C R E T SECTION 01 OF 02 BERN 000351

NOFORN
SIPDIS

DEPT FOR NEA/MAG AND EUR/CE (Y.SAINT-ANDRE)

E.O. 12958: DECL: 08/21/2024
TAGS: PREL PHUM ETRD SZ
SUBJECT: SWISS PRESIDENT MERZ APOLOGIZES TO LIBYA FOR
HANNIBAL GADDAFI ARREST

Classified By: POLE Counselor Richard A. Rorvig; reasons 1.4(b) and (d).

¶1. (S/NF) In a bid to win the freedom of two Swiss citizens
who have not been permitted to leave Libya for over a year,
Swiss President Hans-Rudolf Merz traveled to Tripoli August
20 and met with Libyan Prime Minister ElBaghdadi Mahmudi.
The unannounced visit culminated with Merz making a public
apology for what he termed the “inappropriate and
unnecessary” arrest of Hannibal Gaddafi, son of Libyan leader
Muammar Gaddafi, in Geneva in July 2008. Merz also signed an
agreement with the Libyan PM seeking to “settle the dispute
which resulted from the incident of the arrest.” (Note:
Hannibal Gaddafi and his wife were arrested by Geneva
cantonal authorities at a hotel in Geneva on July 15, 2008
for allegedly severely beating two of their domestic
employees who were traveling with them. Swiss officials
consistently have confided to post that they have not doubt
that Hannibal Gaddafi and his wife did in fact brutally
assault the two domestic employees. Hannibal Gaddafi and his
wife subsequently were released from Swiss jail two days
later, on bail of CHF 500,000 (USD 470,000). Libyan leader
Muammar Gaddafi responded angrily to the arrest by refusing
to allow two Swiss businessmen to depart Libya, halting
Libyan oil exports to Switzerland, and withdrawing
approximately CHF 5 billion (USD 4.7 billion) from Swiss
banks. Swiss authorities dropped the charges against
Hannibal Gaddafi and his wife in September 2008, but the
crisis in Swiss-Libyan relations has continued. End Note)

¶2. (SBU) Merz’s public apology was the first condition of the
agreement. In addition, per the agreement, Switzerland and
Libya will establish an “arbital tribunal” composed of three
members: two of the members will be from third countries,
one appointed by Libya, and one appointed by Switzerland; the
third tribunal member is to be selected by the two appointed
members or by the president of the International Court of
Justice. The arbital tribunal is to meet in London and
examine the treatment of Hannibal Gaddafi by the Geneva
police and other Swiss authorities. The agreement obliges
Switzerland to pursue criminal prosecution against Swiss law
enforcement officials, if the tribunal concludes there were
violations of law. Switzerland also is supposed to pay
damages to the aggrieved party (i.e., Hannibal Gaddafi) in
cases where the tribunal determines civil or criminal
responsibility. Though not specifically mentioned in the
agreement, Merz has announced publicly that the GoL has
promised to permit the two Swiss nationals under house arrest
in Libya to leave Libya by September 1.

¶3. (C) The agreement — and above all public apology by Merz
— has been subject to wide press and political commentary.
Merz’s political rivals have accused him of humiliating
Switzerland and making a mockery of Swiss rule of law for
agreeing to the Libyan demands. Geneva officials have
defended their actions in the arrest and complained loudly
that they were not consulted ahead of time about the
agreement that Merz signed. The Swiss press, while echoing
some of these concerns, generally has assessed the apology
and the agreement as a “necessary evil” to obtain the freedom
of the two Swiss nationals. In an August 21 press conference
in Switzerland, Merz defended his actions, saying it was
necessary to obtain the freedom of the two Swiss nationals
and to ensure future Swiss-Libyan economic relations. He
underlined that the decision to go to Tripoli was his alone,
and not the result of a Federal Council decision, but that he
had kept the Federal Council informed and that the trip and
the agreement had the blessing of FM Calmy-Rey. In the press
conference, Merz struggled to qualify his implicit criticism
of Geneva law enforcement officials without walking back his
apology, which apparently is central to meeting Libyan
demands. At one point, when asked how he could judge the
arrests to have been “inappropriate” before the arbital
tribunal has made its determinations, a frustrated Merz
temporarily lost his patience and muttered, “I know, I did
everything wrong yesterday.” Without further comment, he
took the next reporter’s question.

¶4. (S/NF) COMMENT: Merz has performed a precarious political
highwire act with his trip to Libya, apology, and signing of
the agreement. If the two Swiss nationals are, in fact,
permitted to return home, Merz may yet emerge relatively
unscathed from this episode. However, if Libya does not
uphold its end of the bargain and permit the two Swiss
nationals to depart, Merz likely will face the most serious
crisis of his political career. END COMMENT.

5.(U) Minimize considered.

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BEYER