Saturday, 18 February 2017

Megrahi and Fhimah appear in court in Tripoli

[What follows is excerpted from The Marxist-Leninist Research Bureau Report No 6:]

On 18 February 1992, al-Megrahi and Fhimah appeared in a Tripoli court to face a "routine investigative hearing. (...)  Abdul Taher Zawei, Councillor to the Supreme Court, said that under Libyan and international law there was no basis for their extradition. Criminal proceedings could be started in Libya, but this had so far proved impossible because neither the USA nor the UK authorities had responded to his requests to hand over copies of the evidence in their possession".
(Keesing's Record of World Events, Volume 38; p 38,791).

[RB: Here is what I have previously written about this:]

Libyan internal law, in common with the laws of many countries in the world, does not permit the extradition of its own nationals for trial overseas.  The government of Libya accordingly contended that the affair should be resolved through the application of the provisions of a 1971 civil aviation Convention concluded in Montreal to which all three relevant governments are signatories.  That Convention provides that a state in whose territory persons accused of terrorist offences against aircraft are resident has a choice aut dedere aut judicare, either to hand over the accused for trial in the courts of the state bringing the accusation or to take the necessary steps to have the accused brought to trial in its own domestic courts.  In purported compliance with the second of these options, the Libyan authorities arrested the two accused and appointed a Supreme Court judge as examining magistrate to consider the evidence and prepare the case against them.  Not surprisingly, perhaps, the UK and US governments refused to make available to the examining magistrate the evidence that they claimed to have amassed against the accused, who remained under house arrest in Libya until they were eventually handed over in April 1999 for trial at Camp Zeist.

[RB: This famous photograph is from that court appearance:]



1 comment:

  1. I read what you had previously written Robert. I am very impressed with your comments. More to you than meets the eye.

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