First Minister Alex Salmond told Holyrood a decision on whether the Lockerbie bomber is to be transferred to Libya will be taken on "judicial grounds alone"
A decision on whether the Lockerbie bomber is to be transferred to Libya will be taken on "judicial grounds alone", the First Minister said. (...)
The second appeal against conviction by Megrahi began in Edinburgh last week, but this must be dropped if his transfer to a Libyan jail is to take place.
Alex Salmond, speaking during First Minister's Questions on Thursday, said it would have been "greatly to be preferred if the judicial processes of Scotland" were allowed to take their course.
But Mr Salmond insisted that the decision on the prisoner transfer - which will be considered by Justice Secretary Kenny MacAskill - would be based solely on judicial grounds.
Mr Salmond stressed: "What I have said throughout this process is that everything we do as a government will uphold the integrity of the Scottish judicial system.
"Let me repeat that today and also say the decision made by the Justice Secretary will not be made on economic grounds or on political grounds; it will be made on judicial grounds and judicial grounds alone."
The issue had been raised by Scottish Liberal Democrat leader Tavish Scott, who said that he believed that "al Megrahi should serve his sentence in Scotland".
And the Lib Dem recalled a statement Mr Salmond had made to Holyrood in June 2007, when he said that Scottish law officers and others, including the Secretary General of the UN, had given assurances that any sentence that was imposed would be served in Scotland.
Mr Scott then asked Mr Salmond: "Does he stand by that statement he made as First Minister?" (...)
Labour MSP Elaine Murray, member for Dumfries, asked what consideration had been given to the possible transfer of Megrahi to Libya.
Ms Murray said comments had already been made by the First Minister that anyone connected to the bombing should be excluded from prisoner transfer.
"Do these statements indicate that Scottish ministers have actually predetermined their response to the Libyan Government, and if so does this enable the Libyans to seek judicial review if the request is turned down?" she asked.
Mr Salmond insisted no decision has been made and added: "I think we were absolutely right - demonstrably right - to warn of the possible consequences of the sequence of events set in place in June 2007, just as we are absolutely duty bound to consider a prisoner transfer agreement on its merits.
"Given the relevant legislation, there can be no prejudging of that agreement before such a PTA came into place."
[From the STV (Scottish Television) website. The full report can be read here.]
Apology, English translation in work...
ReplyDeleteThanks First Minister Alex Salmond
Dear Scottish Justiciary. That is a condemned dishonor!
Was Mr. Abdelbaset al Megrahi von der schottischen Justiz oder Regierung angetan wird ist für einen Menschen in seiner Lage als unschuldiger, im Sinne des Urteils und als kranker Gefangener, kaum zu überwinden!
Was ist das für eine fragwürdige Rechtsanwendung in Scotland?: Ein unschuldiger Man, lebenslänglich verurteilt, hat es geschaft von der Scottish Criminal Case Reappeal Commission (SCCRC) nach langem Warten, wegen möglichem Miscarriage of Justice in 6 Punkten, ein zweites Appeal zu erhalten. Nach weiterer vorsätzlicher Verzögerung wurde das zweite Appeal am High Court in Edinburg, am 28. April '09 eröffnet. Einen Tag später am 29. April wurde ein 'Prisoner Transfer Agreement' between Libya and with the UK ratifyd.
Um eine Möglichkeit zu schaffen Mr. Abdelbaset in dieses Abkommen einzubinden, hatte Scotland den unseriösen Absatz C, am Ende des Vertrages erwirkt:
(c) the prisoner has consented to being transferred in accordance with those arrangements the relevant Minister shall issue a warrant providing for the transfer of the prisoner into or out of the United Kingdom.
This provision requiring the prisoner's consent was removed in 2006, but it is abundantly clear that, irrespective of the wishes of the UK, Scottish and Libyan authorities, Megrahi cannot in fact be transferred back to Libya without his consent since he cannot be transferred without his current appeal being abandoned and no-one but Megrahi can instruct the abandonment of that appeal.
Da durch Megrahi's starke Entlastungsbeweise, in mehreren Punkten die Scottish Justice zusehens in Bedrängnis kommt, wurde offensichtlich auf fast erpresserische Art versucht, durch ein "fragwürdiges Gegengeschäft" (Rückzug des Appeals durch Megrahi = Rückführung zu seiner Familie in Libya) zu erwirken! A condemned dishonor !!!
The chances to win the Appeal up to 22 the May 2009 by defence evidence are for Abdelbaset al Megrahi, at 100 %! Mr. Megrahi and Libya do not have anything to do with the Lockerbie-Tragedy.
Mr. Abdelbaset al Megrahi and Libya are intitled to get their honour back by a clear decision of the appeal court!
Mr. Megrahi said: "This is the real way to clear my name before I go back to my homeland Libya." Mr. Al-Megrahi has consistently maintained his innocence and has vowed to stay in Scotland and win his freedom through the appeal courts.
MEBO has already disposed of all the needed exonerating evidence to the Defence Team and the High Court.
by Edwin and Mahnaz Bollier, MEBO Ltd. Switzerland, website: www.lockerbie.ch
Can anybody explain what "judicial grounds only" means in this case.
ReplyDeleteDear Scottish Justiciary. This is a condemnable disgrace!
ReplyDeleteWhat has been done and still is done to Mr. Abdelbaset al Megrahi, an innocent and terminally ill man, by the Scottish Justice is very hard to bear.
What kind of a unhuman jurisdiction goes on in Scotland? An innocent man, serving a life sentence has finally succeeded to get a second appeal by the Scottish Criminal Case Review Commission (SCCRC) because of a possible miscarriage of justice based on six grounds. After a further deliberate delay his second appeal started on April 28, 2009 at the Appeal Court in Edinburgh. One day later, on April 29, 2009 a 'Prisoner Transfer Agreement' between Libya and the UK was ratified. To integrate Mr. Abdelbaset al Megrahi in the deal the Scottish justice added the dubious paragraph C at the end of the agreement:
(c) the prisoner has consented to being transferred in accordance with those arrangements the relevant Minister shall issue a warrant providing for the transfer of the prisoner into or out of the United Kingdom.
This provision requiring the prisoner's consent was removed in 2006, but it is abundantly clear that, irrespective of the wishes of the UK, Scottish and Libyan authorities, Megrahi cannot in fact be transferred back to Libya without his consent since he cannot be transferred without his current appeal being abandoned and no-one but Megrahi can instruct the abandonment of that appeal.
Because of strong exonerating evidence in favour of Megrahi the Scottish Justice is in difficulties concerning several aspects of the appeal. By extorsively means Megrahi is tempted to accept a questionable deal and abandon his appeal for being tranfered back to his family in Libya. What An other great dishonor for the Scottisch justice system !!!
The chances to win the appeal until May 22, 2009 by defence evidence are undeniable! Mr. Megrahi and Libya have nothing to do with the Lockerbie-Tragedy. Mr. Abdelbaset al Megrahi and Libya are intitled to get their honour back by a clear decision of the appeal court!
Mr. Megrahi said: "This is the real way to clear my name before I go back to my homeland Libya." Mr. Al-Megrahi has consistently maintained his innocence and has vowed to stay in Scotland and win his freedom through the appeal courts.
MEBO has already disposed of all the needed exonerating evidence to the Defence Team and the High Court.
by Edwin and Mahnaz Bollier, MEBO Ltd. Switzerland, website: www.lockerbie.ch
I would like to know as well what "judicial grounds only" means in this case.
ReplyDelete"MEBO has already disposed of all the needed exonerating evidence to the Defence Team and the High Court." ...Did you document it on your spanish typewriter Ebola?
ReplyDeleteAs I see it, "judicial grounds alone" means that Mr. Megrahi cannot even be sure to be transferred to his home country even if he abandons the appeal.
ReplyDeleteAny assurance to him ahead of his decission to give up to clear his name would not be "judicial" but political.
I other words: they ara playing games with a cancer patient. Humanism at its best.