Gaddafi's Son in Prison Cell with 'Missing Fingers'

He said the final charge sheet would be up to the prosecutor general.

'We can't speculate and accuse him before it is officially announced by the prosecutor who will investigate the matter,' he said.

'We all know that Saif al-Islam is wanted by the International Criminal Court for crimes against humanity. I do not think that the Libyan prosecutor general will indict him for anything less than that.'

Aides to Gaddafi said his motorcade was caught by a Nato air strike as he tried to flee the pro-Gaddafi stronghold of Bani Walid, near Tripoli, on October 19, the day before his father was captured and killed in his home town of Sirte.

After the brief exchange with the heavily bearded prisoner, journalists who met Saif said they had no doubt that it was indeed him - though he repeatedly declined to confirm his identity outright.

So great was the crowd which thronged the Soviet-built cargo aircraft that flew him up from the desert town of Obari that his captors removed four other prisoners and other people from the plane, leaving Saif al-Islam still on board on the tarmac.

The country's interim justice minister said Saif and several bodyguards were captured near the town of Obari, 400 miles south of Tripoli, by fighters based in the western mountain town of Zintan. They had been trying to flee to neighbouring Niger. No other senior figures from the ousted administration were caught.

'We have arrested Saif al-Islam Gaddafi in the Obari area,' Justice Minister Mohammed al-Alagy said.

He added that the 39-year-old, who is wanted for crimes against humanity by the International Criminal Court at The Hague, was not injured. There was no word of the other official wanted by the ICC, former intelligence chief Abdullah al-Senussi.

The news broke and fighters from Zintan, a powerful faction among the many armed groups currently dominating Libya while the NTC tries to form a new government, started celebrating in Tripoli.