EXCLUSIVE: Leaked Memo Reveals Dbaiba Wants Mangoush to File Legal Complaint in US Against Haftar – Al Marsad

The Prime Minister of the interim Government of National Unity (GNU), Abdul Hamid al-Dbaiba, in his capacity as Minister of Defense, sent a memo to the government’s Minister of Foreign Affairs, Najla al-Mangoush, asking her to communicate with the Libyan Embassy in Washington to file a complaint against the Commander-in-Chief of the Libyan National Army (LNA), Field Marshal Khalifa Haftar, who Dbaiba accuses of forging a document claiming it was from the Ministry of Defence.

AlMarsad obtained a copy of the leaked memo written by Abdul Hamid Dbaiba, and which referenced a document that included texts of Military Penal Law of 1974 and said to be from the Ministry of Defence and was part of the texts submitted by Field Marshal Khalifa Haftar’s attorney Lindsay R. McKasson for legal defence in a lawsuit against him before a US court by the Muslim Brotherhood lobby.

Dbaiba says in the leaked memo to Mangoush that Haftar’s attorney have falsely claimed that this particular document was issued by the Libyan Ministry of Defence, citing a number of reasons for his disclaimer. One of the reasons was that the reference number of the document did not correspond to the file number, as well as the document date which does not match the document number in issued records and their electronic system.

Additionally, the memo said the document did not have the issuing party’s stamp, and the heat seal does not belong to the Ministry of Defense, especially at a time when there was no legal affairs department in the ministerial office. The document has said that the approved office in the organizational structure No. 483 of 2013 of the Ministry of Defense Office was the legal office. Additionally, the leaked memo said that the printing of the document does not agree with the circulated and enforced documents at the office, and that the signature in the document was not the signature of the relevant person who would issue it.

The leaked memo said that the Ministry of Defense departments and offices have no legal authorisation to address external body except through the Minister of Defence, and said that reliance on the law, duty and legal responsibility necessitate emphasizing this important matter.

Dbaiba allegedly denounced the forged document as a “willful slander in order to mislead justice” which is “a crime punishable by Libyan and US law” with the aim of misguiding justice and affixing false seals on an official document.

Dbaiba urges Najla al-Mangoush to address this issue with the Libyan Embassy in the US and file a complaint against Field Marshal Haftar before the US judiciary. The leaked memo emphasizes the necessity of filing an official claim, conduct a criminal investigation at the relevant legal circuits against Field Marshal Haftar, and refuting the document at the US court.

It is worth nothing that the head of the advisory State Council, Khaled al-Mishri, had sent a letter to the US Court clarifying that Field Marshal Haftar would not be subject to the Libyan Military Penal Code should he appear for interrogation. However, Dbaiba said in a previous statement that this was an excuse which Field Marsha Haftar would use to escape legal accountability.

Many Libyan analysts see the legal case against Field Marshal Haftar brought by the Muslim Brotherhood lobby in the US and their affiliates, as only an effort to stop him from running in the Presidential elections.