Thursday 26 March 2015

Megrahi appeal an "abstract undertaking not related to the search for truth"

[On this date in 2002, United Nations observer Professor Hans Köchler published his official report on the appeal proceedings at Camp Zeist that had ended on 14 March 2002. It is utterly damning -- but, of course, had not the slightest effect. The full text can (and should) be read here. What follows is just one paragraph:]

The appeal judges chose a kind of “evasive” strategy by not scrutinizing the argumentation of the trial court in regard to its plausibility and logical consistency, thus not questioning at all the arbitrariness of the evaluation of evidence by the trial judges, and not paying adequate attention to new evidence presented in the course of the appeal – an attitude of effective denial of responsibility that made the entire process a highly formal, artificial and abstract undertaking not related to the search for truth (an essential requirement of justice) and rendered the appeal proceedings virtually meaningless. What else could be the meaning of an appeal process if not a comprehensive review of a trial court’s decision in regard to its duty to find the truth in order to make a decision on guilt or innocence “beyond a reasonable doubt”?

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