Libya crushes hopes of Lockerbie bombing trial

[This is the headline over a report published in The Guardian on this date in 1999. It reads as follows:]

Hopes for a handover of the Lockerbie bombing suspects faded yesterday after Libya insisted that, if convicted in a Western court over the 1988 bombing of a Pan Am jumbo jet over Scotland, the two men would have to serve any prison sentence in their own country and not in Scotland, as Britain and the United States demand.

In what sounded like the definitive word on a crucial issue, Libya's foreign minister, Omar al-Muntasser, said there was 'no alternative' to imprisonment in Libya.

With Washington pressing for stronger economic sanctions against Libya over the Lockerbie affair - which took 270 lives in the worst case of terrorism in contemporary British history - the blunt statement could mean the collapse of months of delicate international negotiations.

Mr Muntasser was reacting to a declaration by Robin Cook, Britain's Foreign Secretary, that there was 'no alternative' to the two accused being imprisoned in Scotland if found guilty in a trial in the Netherlands.

The Libyan minister's unequivocal public remarks are highly significant because he has been seen in the past as a moderate who was privately ready to accept the British and American conditions for finally bringing to justice the Libyan intelligence officers alleged to be the bombers - Abdel Basset al-Megrahi and Lamen Khalifa Fhimah.

'There is no alternative to serving any sentence in Libya,' he said flatly. 'If we were to accept that they be jailed in Scotland, we would have accepted such a trial years ago.'

Only last week Mr Muntasser had given the impression that agreement on a handover was 'very close', in talks in Tripoli with Lord Steel, the Liberal Democrat peer, and Sir Cyril Townsend, chairman of the Council for Arab-British understanding.

'I discussed all the options with Mr Muntasser and he did not say this,' Lord Steel said yesterday. 'This is why people despair of negotiations with the Libyans, because they keep giving these contradictory statements.'

Sir Cyril said: 'We came away with the impression that it was more likely than not that the two would be handed over for a trial.'

It was only six months ago that Britain and the US agreed to a third-country trial. They did so because they recognised that the sanctions were being eroded - especially by African and Arab states, some of whom have secretly been receiving Libyan cash support or cheap oil.

Britain argues that having long demanded a trial in a third country, Colonel Muammar Gadafy, Libya's leader, should now send his men to the Netherlands.

Both sides now say that Tripoli has accepted that the United Nations sanctions imposed on Libya in 1992 would be effectively 'lifted' as soon as the suspects were extradited to the Netherlands, where a former Nato air base near Utrecht is being prepared for a trial.

[RB: The two suspects surrendered for trial at Camp Zeist on 5 April 1999, less than two months later. Reading between the lines of Libyan officials’ Lockerbie statements was a talent that was greatly under-developed in British journalists.]

The beginning of the end of UK/US blocking of neutral venue trial

[On this date in 1998, the United Nations Security Council held its first public session on Lockerbie since 1992. The report on the proceedings by the IPS news agency reads as follows:]

UN diplomats, and the families of victims of the 1988 Lockerbie bombing, cannot agree on how to try two Libyans suspected of involvement in that attack, a UN Security Council debate made clear Friday.

For Libya, the intensified discussion here marks a qualified victory: for the first time, the doubts over UN efforts to compel Triploi to hand over Abdel Basset al-Megrahi and Al-Amin Khalifa Fhimah for a US and British trial are being aired here at length. In addition, Libyan pleas for a neutral trial and for the easing of some aspects of the sanctions are gaining wider support.

The debate, the first public review of Council sanctions imposed on Libya in 1992, was marked both by the efforts by several diplomats to find a compromise solution for the trial of the Libyans, and the heated resistance from the US government and families of the bombing victims to anything less than a trial in Britain or the United States.

On the one hand, Libya could be cheered by increasing support for the adoption of several humanitarian exemptions to a six-year-old flight ban imposed by the Council, and for a trial of the two suspects at the International Court of Justice (ICJ) at the Hague. An ICJ ruling last month even bolstered calls by some diplomats for the suspension of all UN sanctions.

On the other, Washington and London remain adamantly opposed to any trial outside of the United States or Britain. These two countries were most directly affected by the 1988 bombing of Pan American flight 103 over Lockerbie, Scotland, of the 270 victims, 189 were US citizens and 11 were residents of Lockerbie.

“There is little hope of seeing suffering end until Libya complies with the resolutions of the Security Council ... and turns over the two suspects,” insisted US Ambassador Bill Richardson.

Other ambassadors, however, used the debate Friday to make their most public call for a compromise solution. “The proposal by Libya for her two suspected nationals to be tried under Scottish law by Scottish judges in a third country or at the ICJ should now receive the Council’s serious consideration so that the matter can be resolved equitably,” argued Ambassador Martin Andjaba of Namibia.

The dispute in the Security Council in turn has been mirrored in recent months by the growing rift between the families of the flight victims, with one British group leaning towards the ICJ compromise while two major US groups reject it.

“Libya’s problems can be solved by turning over the suspects to the United States or Scotland for a fair and impartial trial, in full view of the rest of the world,” argued George Williams, president of the US-based ’Victims of Pan Am Flight 103’. “This is not a negotiable issue.”

“This is the time for compromise. This is not the time to be bombastic,” countered Jim Swire, spokesman for ’UK Families Flight 103’, which represents the estimated 35 British nationals who were victims. “We’re not into politics. All we really want is a fair trial, and the venue doesn’t really matter.”

Libya contends that US and British public opinion on the case is so tainted as to prohibit a fair trial in either country. “We would like to recall that the trial of Timothy McVeigh (sentenced to death for the 1995 Oklahoma City bombing) was transferred from Oklahoma City to Colorado... because the place in which the crime was committed no longer provided a place where there are the conditions needed for due process of law and a fair trial for the defendants,” argued Libyan Foreign Minister Omar Mustafa Muntasser on Friday.

Muntasser called for the suspension or lifting of the UN sanctions, noting that the ICJ ruling last month had rendered the Security Council demands for a US or British trial irrelevant and moot, since the Court has accepted jurisdiction in the matter on which the resolutions were based.

The Feb 27 ruling, presided over by ICJ Vice President Justice Chris Weeramantry, strengthens Tripoli’s argument for a trial at the Hague. It found Libyan claims that neither the United States nor Britain has the right to compel Tripoli to turn over the two suspects admissible, and said that the Court could now proceed to hear the merits of Libya’s case.

Whether the decision can actually help to overturn the Security Council’s sanctions ruling is doubtful. Britain and the United States both hold vetoes on the 15-nation Council and remain unwilling to drop the penalties until Libya complies with their terms.

Richardson argued that the ICJ ruling “in no way question(s) the legality of the Security Council’s actions affecting Libya or the merits of the criminal cases against the two accused suspects.” He also disputed Libya’s claims that al-Megrahi and Fhimah could not obtain a fair trial in Scotland, noting a recent UN report which concluded that “the accused would receive a fair trial under the Scottish judicial system.”

British Ambassador John Weston noted dryly that Muntasser had assailed the media in Britain for prejudicing the mood against the two suspects—but that the foreign minister also distributed a British documentary aired last year in Scotland which doubted the two men were guilty.

(That belief is shared by several representatives of the victim’s groups—notably Swire, who contends that Iran and the Syrian-based Popular Front for the Liberation of Palestine-General Command may have been behind the attack.)

If the deadlock over how and where to hold the trial remain unclear, Libya has at least convinced several key nations on the Security Council that some aspects of the sanctions regime, which includes a travel ban and restrictions on the import of machinery related to oil refinery, must be eased.

A recent report by UN Under-Secretary-General Vladimir Petrovsky noted Libya’s complaints about the adverse impact that the air embargo was having on the economy, particularly on the health, social and agricultural sectors.

Russian Ambassador Sergey Lavrov argued that the findings of the report give sufficient grounds to discuss even now the possibility of humanitarian exemptions to the sanctions regime. Among them, he said, should be the replacement of Libya’s four ageing medical evacuation planes and extended humanitarian exemptions for Muslim pilgrims attending the annual ’hajj’ ceremony in Mecca.

Richardson, however, doubted any claims of humanitarian suffering in Libya, calling it the wealthiest country in Africa on a per capita basis, and noting that Tripoli earned some 10 billion dollars in oil revenue last year.

[RB: The speech to the Security Council by the Libyan Foreign Minister Omar al-Muntasser (which I had a small hand in drafting) can be read here. It helped to ratchet up the pressure on the UK and US governments which resulted in their accepting the “neutral venue” solution some five months later.]

UN Secretary General meets Gaddafi over Lockerbie

[What follows is the text of a United Nations press release issued on this date in 1998:]

Secretary-General Kofi Annan left the Tunisian island of Djerba for Libya on the morning of Saturday, 5 December, and was greeted in Tripoli by Libya's Ambassador to the United Nations, Abuzed Omar Dorda. The Secretary- General then flew to Sirte where he was met by Libya's senior foreign affairs official, Omar Mustafa Al-Muntasser.

He and Mr Muntasser then went to a government guest house in the Sirte conference centre, where they had lunch together and held a working session with their delegations for more than an hour. The meeting was described as positive and friendly. The Libyan side raised a number of remaining issues of concern regarding the Lockerbie suspects, and the Secretary-General sought to reassure them that all the governments concerned were dealing in good faith.

Before lunch, during his previously unscheduled visit to the Libyan capital, the Secretary-General had a private meeting with the President of Burkina Faso, Blaise Compaore, current President of the Organization of the African Unity (OAU), who was visiting Libya.

At about 7 pm, the Secretary-General left the Sirte conference centre for a meeting with Libyan leader Colonel Muammar Al-Qadhafi which lasted for about an hour and a half. On his return to Tripoli, the Secretary-General gave a press conference in which he described as "a step forward" his efforts to bring to closure the matter of the transfer of the Libyan suspects to a court in a third country. He said he expected the issue to be taken up at a meeting of the Libyan People's Congress in the coming week.

The Secretary-General arrived back in Djerba at around midnight on Saturday night, and departed the following morning for the United Arab Emirates, to participate in the meeting of the Gulf Cooperation Council.

Gaddafi confirms support for neutral venue trial

[On this date in 1998 Dr Jim Swire and I had a meeting in Tripoli with Colonel Gaddafi. Here is what I have previously written about the occasion:]

The Libyan Foreign Ministry committee, with whom all of my previous dealings had been, arranged for Dr Swire and me to have a meeting with Colonel Gaddafi and this took place on 20 April 1998 at his reinforced concrete tent on the outskirts of Tripoli.  The meeting was initially a frosty one, with the Colonel refusing to make eye contact but instead staring straight ahead with his arms folded and making lengthy pronouncements about the inflexibility and intransigence over more than four years of the British government.  When eventually he interrupted his monologue to take breath, we were able to dive in with comments to the effect that the Labour government had been in office for less than a year, was still finding its feet in foreign affairs and that it was possible to detect some signs that its position over the Lockerbie issue might just be somewhat more flexible than that of its Conservative predecessor.  Gaddafi then made a few highly complimentary remarks about Tony Blair, and the remainder of the meeting was held in a much more cordial atmosphere.  After about an hour, we departed with the reassurance that the Libyan government’s policy in relation to a “neutral venue” trial would remain unchanged for at least a further six months.  As we were leaving Gaddafi's compound the then Libyan Foreign Minister, Omar al-Muntasser, who had been present at the meeting, said to us: "You made the Leader laugh three times!  Someone will pay for that!"  I think he was joking.

[The Herald’s report on this meeting reads as follows:]

The two men suspected of causing the Lockerbie bombing could soon be handed over for trial in a neutral country, reports claimed yesterday after Libyan leader Muammar Gaddafi met British representatives, writes Ron MacKenna.

Dr Jim Swire, whose daughter Flora was among the 270 who died in the disaster a decade ago, and Professor Robert Black, from Edinburgh University, had a 40-minute meeting with the Libyan leader in Tripoli on Monday. They said the talks were “of some substance” but refused to elaborate.

However, Egypt's Middle East News Agency quoted Ibrahim el-Ghoweily [Legwell], a lawyer for the suspects, as saying the two sides had agreed ''to hold the trial in a third country with a panel of judges headed by a Scottish judge and in light of Scottish law''.

The talks indicate movement towards ending the seemingly intractable problems over having the two men accused of the outrage tried. Both Britain and the United States both want to try the men but Libya has so far refused to surrender them to either country, saying they will not get a fair trial.

El-Ghoweily said Dr Swire and other representatives of British relatives will ''work to convince'' Britain and the United States ''that the trial should be held in a third country''.

Libyan officials have apparently indicated they are prepared to compromise, allowing a trial before an international panel headed by a Scottish judge.

British relatives would prefer the trial to be held in Scotland but many have indicated they would agree to it being held in a neutral country, possibly the Netherlands.

El-Ghoweily said both sides had agreed on Monday on ''the importance of avoiding prejudiced jurors and any country in which the media or other factors would influence the trial'', and wanted the hearing to take place ''as soon as possible''.

The British and American governments argue that the accused men should not be allowed to dictate conditions for their trial and they are concerned that there will be no jury.

UN announces Lockerbie trial going to happen

[What follows is the text of a press release issued on this date in 1999 by the Secretary-General of the United Nations:]

SG/SM/6935 

SECRETARY-GENERAL GREATLY ENCOURAGED BY READINESS OF LIBYA TO PROCEED WITH TRANSFER OF TWO LOCKERBIE ACCUSED TO NETHERLANDS

The following statement was issued today by the spokesman for Secretary-General Kofi Annan:

This afternoon, the Permanent Representative of the Libyan Arab Jamahiriya, Ambassador Abuzed Omar Dorda, hand delivered to the Secretary-General a letter from Omar Mustafa Muntasser, Secretary of the General People's Committee of the People's Bureau for Foreign Liaison and International Cooperation of the Socialist People's Libyan Arab Jamahiriya.

As already announced by President Nelson Mandela in Tripoli this morning, the letter confirms the readiness of Libya to proceed with the transfer of the two accused to the Netherlands. The Secretary-General is greatly encouraged by this development and the necessary arrangements will now be initiated by the Secretariat.

The Secretary-General has shared the letter with the Security Council.

The Secretary-General would like to record his warm appreciation of the efforts made by President Mandela, as well as Crown Prince Abdullah [of Saudi Arabia] and others in order to bring this matter to a satisfactory conclusion, in cooperation with the authorities of the Libyan Arab Jamahiriya.

Nelson Mandela confirms surrender of Lockerbie suspects imminent

[The following items are from this date in 1999:]

1. The following statement was issued today by the spokesman for Secretary-General Kofi Annan:

This afternoon, the Permanent Representative of the Libyan Arab Jamahiriya, Ambassador Abuzed Omar Dorda, hand delivered to the Secretary-General a letter from Omar Mustafa Muntasser, Secretary of the General People's Committee of the People's Bureau for Foreign Liaison and International Cooperation of the Socialist People's Libyan Arab Jamahiriya.

As already announced by President Nelson Mandela in Tripoli this morning, the letter confirms the readiness of Libya to proceed with the transfer of the two accused to the Netherlands. The Secretary-General is greatly encouraged by this development and the necessary arrangements will now be initiated by the Secretariat.

The Secretary-General has shared the letter with the Security Council.

The Secretary-General would like to record his warm appreciation of the efforts made by President Mandela, as well as Crown Prince Abdullah and others in order to bring this matter to a satisfactory conclusion, in cooperation with the authorities of the Libyan Arab Jamahiriya.

2. Following is the text of remarks made today to the press by the President of the Security Council, Qin Huasun (China), following Council consultations:

Security Council members welcomed the letter from the Foreign Minister of Libya to the Secretary-General of 19 March 1999, indicating that the two suspects would be available for the Secretary-General to take custody of them on or before 6 April;

Security Council members reaffirmed existing Security Council resolutions as the basis to bring about a full and final resolution of the situation;

Security Council members looked forward to the implementation of that handover in accordance with the agreed arrangements and, taking into account also the information provided by the French authorities regarding UTA 772, to the immediate suspension of sanctions with a view to lifting them as soon as circumstances permit, in accordance with relevant Security Council resolutions;

Security Council members thanked the Secretary-General for his tireless efforts in reaching an understanding with Libya on the implementation of Security Council resolution 1192 (1998), and expressed appreciation also for the positive actions taken by the Governments of South Africa, Saudi Arabia and other countries in support of these efforts.

3. Lockerbie trial: new developments

On 19 March 1999 President Nelson Mandela of South Africa announced in Tripoli that Colonel Muammar al-Gaddafi, the leader of Libya, had written to Kofi Annan, the Secretary-General of the United Nations, agreeing to surrender to him for trial the two Libyans (Abdel Baset Ali Mohmed Al Megrahi and Al Amin Khalifa Fhimah) accused of bombing the Pan-Am jet over Lockerbie on 21 December 1988. The handover is to occur on or before 6 April 1999. UN sanctions against Libya in respect of the country’s failure to hand over the suspects will be lifted within 90 days of compliance. The trial will take place in the Netherlands under Scots criminal law and before a panel of three Scottish judges from the High Court of Justiciary.