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In December 2020, the US government filed charges against Al-Marimi for the destruction of an airliner and formally sought his extradition, expulsion, or other lawful removal from Libya to stand trial. At that time, Al-Marimi was imprisoned in Libya, serving a sentence for his involvement in attacks against rebel forces during the 2011 uprising against Col Muammar Gaddafi. According to Al-Marimi, he was released on “compassionate grounds” on 30 September 2021 and went back to live with his family in Tripoli.
Around two weeks after his release, masked armed men arrived at his home and rearrested him without explanation or identification. Defence lawyers describe this operation as an “abduction” carried out by a militia known for its brutality and disregard for human rights. They claim that during the arrest, Al-Marimi was dragged across the floor despite having health and mobility problems, his son was beaten with a rifle, and his wife and daughter suffered attacks. Subsequently, he was taken to a prison in Misrata, approximately 116 miles east of Tripoli, where he spent several days in solitary confinement.
On the morning of 11 December 2022, Al-Marimi was unexpectedly handed over to the FBI after being given a sandwich, some tea, and instructions to pack. A US government plane was waiting for him at Misrata Airport, where he arrived wearing a loosely fitted cloth hood. His escorts urged the FBI to expedite the process as onlookers were present before he was placed on board the aircraft. Libyan authorities returned some of his personal items in a plastic bag, including a Quran, prayer rug, clothing, toiletries, and medication. During the flight to the United States, Al-Marimi underwent questioning by the FBI, a full medical examination, and was provided clean clothes and blankets.
Al-Marimi’s defence lawyers argue that this operation amounted to an illegal rendition and forcible abduction, which they say removes the Washington court’s jurisdiction over the case. They contend that the militia carried out an illegal kidnapping after diplomatic efforts failed, demonstrating complete disregard for Libyan law and sovereignty. They criticize the process as an example of might prevailing over the law, with Al-Marimi’s case sending a “chilling message” globally: that if the authorities want someone, they will simply take them. His legal team demanded his return to Libya, suggesting the procedure violated principles of justice.
The US Government, however, maintained that longstanding legal principles afford courts jurisdiction regardless of how a defendant was brought before them, even if that involved forcible abduction. Prosecutors argued that exceptions to this rule did not apply in Al-Marimi’s case and maintained that Libya was free to transfer him by any method. They emphasized that the actions of the Libyan militias could not be attributed to the United States, which was necessary for the defence’s claims to be successful. The defence has requested a hearing before Judge Dabney Friedrich to present their arguments formally.
Al-Marimi’s transfer to US custody in 2022 sparked significant controversy in Libya. Prime Minister Abdulhamid Dbeibah stated that the Libyan government had been cooperating with an international judicial framework for the extradition of accused persons. At the time, an Interpol red notice was active, requesting global law enforcement agencies to locate and provisionally arrest Al-Marimi pending extradition or surrender. The then Lord Advocate of Scotland, Dorothy Bain KC, informed the Scottish Parliament that she had received confirmation that Al-Marimi’s transfer to US custody occurred on a lawful basis
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