Libya says two Swiss businessmen to stand trial

Men held since July 2008 after arrest of Gaddafi son

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Two Swiss businessmen prevented from leaving Libya for more than a year will be tried for tax evasion and visa irregularities, Libya's Foreign Ministry said on Thursday.

The men have been held in Libya since July 2008 following the arrest in Geneva of a son of Libyan leader Muammar Gaddafi on charges, later dropped, of mistreating two domestic employees. The incident caused a diplomatic row.

"They will be tried and charged with not respecting residence visa
procedures and tax evasion," the ministry said in a statement read to reporters at a news conference by its general secretary, Khalid Qouaim.

But they must leave the Swiss embassy where they have sought refuge and seek a private address in order to be served with notice that they will be put on trial, Qouaim added.

"In line with the law, they must have an address so that justice can be carried out," Qouaim said.

The men face a third charge of failing to respect rules set out for companies working in Libya, he added.

A Swiss foreign ministry spokesman in Berne said he had no immediate reaction.

Libya cut oil supplies to Switzerland and withdrew more than $5 billion in assets from Swiss banks after the arrest of Hannibal Gaddafi and his wife last year. The couple were released soon after their arrest and charges were dropped.

An apology in August by Swiss President Hans-Rudolf Merz failed to secure a return home for Rachid Hamdani, who works for a construction company, and Max Goeldi, Libya head of the Swiss-Swedish electrical engineering conglomerate ABB.

They will be tried and charged with not respecting residence visa procedures and tax evasion

Ministry

Wife's appeal

The businessmen were handed back to the Swiss embassy on Monday from an undisclosed location, but Qouaim said they must now leave the embassy and choose another place to stay so they can be reached by their lawyers and law enforcement officials.

He said they would appear very soon in court, probably before Christmas. The government would not interfere in the case but would ensure it is dealt with speedily.

"Libya's foreign ministry is surprised by the Swiss foreign ministry's stand linking the case of the two Swiss to the (Hannibal Gaddafi) incident between Libya and Switzerland," said Qouaim.

He denied a Swiss assertion that the two had been kidnapped but said a decision to move them was made because there had been talk that Switzerland could send special forces to free them.

"Before they were handed to the embassy they had been free to move within Libya but not to leave the country, but we put them in a safe place," he said.

Switzerland said last week it had suspended an agreement which Merz signed to normalize relations because Tripoli had failed to allow the two men to leave.

Hamdani's wife appealed to Libyan leader Gaddafi to allow the pair to return home on humanitarian grounds, saying the two men had not been mistreated physically but were held in isolation for 52 days.

"They couldn't speak to one another. It was impossible. They were under 24 hours surveillance," Bruna Hamdani said in an interview on Swiss television on Wednesday night.

"They were not mistreated physically and were given their medications. But psychologically it was simply torture."

Libya's foreign ministry is surprised by the Swiss foreign ministry's stand linking the case of the two Swiss to the (Hannibal Gaddafi) incident between Libya and Switzerland

General secretary, Khalid Qouaim