Megrahi may return to Libya, Lockerbie families told

This is the heading over an article by Lucy Adams in today's edition of The Herald. It reads in part:

'Senior legal officials, in a tacit acknowledgement that the man convicted of the Lockerbie bombing is likely to be allowed to return home, have written to all relatives of the victims explaining the transfer process.

'After years of denial by ministers and officials, the Crown Office e-mail suggests that Abdelbaset Ali Mohmed al Megrahi, currently serving 27 years in Greenock Prison for the bombing that killed 270 people, will be allowed to return to Libya under a transfer agreement to be ratified before the end of this month.

'The e-mail also suggests that ratification may take place on April 27, the day before Megrahi's long-awaited appeal begins in Edinburgh.

'Earlier this year, The Herald revealed that Libyan officials had been encouraged by senior civil servants from both sides of the border, including Robert Gordon, the head of the Justice Department in Scotland, to apply for Megrahi to be transferred as soon as the agreement is ratified. (...)

'Yesterday's revelation coincided with the publication of a critical report on the transfer agreement by the Joint Committee on Human Rights at Westminster.

'The report makes apparent the committee's disdain of Jack Straw, the UK Justice Secretary, for failing to delay ratification to allow for proper scrutiny.

'Mr Straw wrote to the committee in March to say he would delay ratification only until the Easter recess because "a delay beyond early April is likely to lead to serious questions on the part of Libya in regards to our willingness to conclude this and three other judicial co-operation agreements".'

The full article can be read here.

An accompanying piece headlined ‘The relatives of the victims also have human rights’, also by Lucy Adams, contains the following:

'Little has been allowed to get in the way of plans to return the man convicted of the Lockerbie bombing back to his home country since the global political axis turned. (...)

'Talks to establish a Prisoner Transfer Agreement (PTA) between Libya and the UK began in 2005, but the Foreign Office has consistently denied that such discussions bear any relevance to Abdelbaset Ali Mohmed Al Megrahi.

'The agreement, signed by Westminster and due to be ratified by the end of the month, means that any Libyan serving a sentence in the UK, who has no pending appeal, could be returned home. Those in Scottish prisons could be moved only with the permission of Scottish ministers.

'But the wheels are turning in spite of concerns and opposition. While the appeal itself has taken years to begin, the machinery behind the transfer agreement is moving with haste.

'Westminster's Joint Committee on Human Rights publicly stated last month that the treaty raises concerns and requested that ratification be delayed until the end of April so that it could publish a substantive report.

'However, Jack Straw, the UK Justice Secretary, said he would delay ratification only until the Easter recess because "a delay beyond early April is likely to lead to serious questions on the part of Libya".

'The committee report states: "In our view, when a select committee states that it intends to scrutinise a treaty, ratification should be delayed until the committee's inquiry has concluded."

'Despite the pleas of relatives of the victims of the tragedy and Scottish ministers demanding that Megrahi be exempt from the agreement, it appears from both the Crown Office e-mail and official sources that he may be the first prisoner to be dealt with.

'First Minister Alex Salmond made clear in April 2008 that Megrahi would serve his full sentence in Scotland and that he would "defend the integrity of the Scottish judicial system". However, officials have privately made clear to the Libyans that they are prepared to go back on such claims, which were allegedly "made more in relation to the murky politics of the deal in the desert than Megrahi". (...)

'Dr Jim Swire, whose daughter, Flora, died in the tragedy, said: "Jack Straw has overridden the wishes of the Joint Committee on Human Rights and refused to delay ratification in order to ensure it can be active by April 27 - the day before the appeal starts.

"For those who think the Scottish legal process is nothing more than a political pantomime, here's the confirmation. The whole thing has nothing to do with justice and everything to do with convenience and financial gain.

'"The relatives also have human rights, including the right to know what happened to a loved one and why they were not better protected."

'A Scottish Government spokeswoman said last night: "The PTA was negotiated and signed by the UK and Libyan Governments and so is it is a matter for those governments. Once ratified, it will be for the Scottish ministers to decide on any application for prisoner transfer in relation to all prisoners in Scotland.

'"We do not discuss hypothetical applications and will not prejudge any decision."

'A Crown Office spokeswoman said: "Since the day the UK signed the agreement, we have communicated with the families because of their interest in any prisoner transfer arrangements between the UK and Libya."'

The full text of the article can be read here, and a short piece entitled Dialogue and denial on the way to a deal, which contains a catalogue of governmental prevarication and obfuscation on the prisoner transfer issue, can be read here.