Tuesday 1 September 2009

Foreign Office told Scotland it made no promises to US over how long Megrahi would stay in prison

[This is the headline over an article just published on The Guardian's website. The real point, of course, is not how long Mr Megrahi would stay in prison, but whether there was an undertaking that the whole of his sentence should be served in the UK. The article reads in part:]

The Foreign Office told the Scottish government that it had made no promises to America about how long the Lockerbie bomber Abdelbaset al-Megrahi would spend in prison, according to letters published today. (...)

[A letter of 3 July 2009 to a Scottish Justice Department official] said the Foreign Office did not consider that the UN resolution covering the Lockerbie case, or any UK-US dealings, presented "an international law bar to such a transfer under the PTA [UK-Libyan prisoner transfer agreement] where it is consistent with Scots law".

The letter adds that, because the British government could not foresee how relations with Libya would evolve, it "consequently did not give the US an absolute commitment in relation to the future imprisonment of the Lockerbie accused."

It adds: "We do not consider that the UK entered into a definitive commitment, legal or otherwise, that now precludes Megrahi's transfer under the prisoner transfer agreement should Scottish ministers decide to approve that request."

The second letter is to MacAskill himself from Ivan Lewis, a Foreign Office minister, dated 3 August. It is a response to MacAskill's request for clarification of the first letter. It quotes the relevant paragraph from the earlier letter about there being no reason under international law why Megrahi could not be transferred, adding that this remained "the considered assessment of the UK government".

[Note by RB: As I have said before, there can be absolutely no doubt that an undertaking was given that anyone convicted in the Lockerbie case would serve his sentence in Britain. In paragraph 4 of their joint letter of 24 August 1998 to the Secretary General of the United Nations, the Acting Permanent Representatives of the United Kingdom and the United States said: "If found guilty, the two accused will serve their sentence in the United Kingdom." This letter is referred to in, and formed the basis of, UN Security Council Resolution 1192 (1998) which provided the international warrant for the Lockerbie trial at Camp Zeist.

The Foreign Office letters can accordingly be charitably described as being economical with the truth; and it is hardly surprising that Mr MacAskill found them unhelpful in clarifying the position, particularly if he sought his own legal advice on the matter.]

2 comments:

  1. Mission Lockerbie:

    The dropping of the successful promising "Lockerbie appeal" was the central part for the freedom of Mr. Abdelbaset Al Megrahi!

    Behind the surprising release of the innocent Mr. Abdelbaset Al Megrahi, "did not stand a 'OEL DEAL' and not the ''Prisoner Transfer Agreement" with Libya, but the FEAR of Scotland's and Great Britain's, before the result of the current Appeals (miscarriage of justice) and the following damages compensation from Libya, up to 40 billion US$!

    For this legal mission the secretary of Scottish Justiciary, Kenny MacAskill needed from Mr. Megrahi, the dropping of the successful promising "Lockerbie-appeal" and a medical certification over a maximum 3 monts life span.
    The truth is: The "Lockerbie-Affair" (not the PanAm 103 tragedy) was a UK conspiracy against Libya!

    Some of the Scottish Officials are the true criminals in the "Lockerbie Affair": Ex forensic scientist Dr Thomas Hayes (RARDE) UK, Ex forensic expert Allen Feraday (RARDE) UK and three known persons of the Scottish police are responsible for manipulating evidence in the Lockerbie Affair and are still protected by the Scottish Justice ! (They are not involved in the PanAm 103 bombing, but responsible for the conspiracy against Libya).
    The large chance for Mr. Megrahi is coming to be cleared up with a complete investigation in the Lockerbie-Conspiracy against Libya. The honour of Mr. Megrahi and the prestige of Libya must be repaired finally. Libya and its Official Mr. Megrahi have nothing to do with the Lockerbie- tragedy!
    The Scottish "Lockerbie-Trial" in Kamp van Zeist, was far from fair and proper!
    The Conservative Leader, David Cameron calls for Lockerbie inquiry!
    Evidence and professional dates on our webpage: www.lockerbie.ch

    NB. sorry only a computer translation "Babylon", german/english
    by Edwin and Mahnaz Bollier, MEBO Ltd. Switzerland

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  2. ebol - I think SNP/Scotland would like to reveal but UK and USA would make things very messy for the country indeed. UK control the purse strings. Also Scotland is a nothing with not even a UN seat.

    Key is the SNP are running things in a newly devolved Scotland for the first time, who probably want this mess they inherited sorted as much as they can before the push for Scottish independence around the corner.

    Whereas previously it was always Unionist (pro-UK) parties running things from London. There was no Scots parliament or "Scottish Government" - a cleverly SNP worded-invention - that's now used by the like of Obama and Gaddafi.

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