Today's procedural hearing related to the appellant's two petitions for access to material used at the Zeist trial, or referred to in material used at the trial. In respect of one petition, concerning documents and photographs relevant to the (alleged) identification of Abdelbaset Megrahi by the Maltese shopkeeper, Tony Gauci, the Crown (represented by Ronnie Clancy QC) intimated that it was no longer opposing the appellant's application to be allowed to show the originals to an expert psychologist. The court accordingly granted the prayer of the petition.
As regards the second petition, relating to the appellant's claim to be allowed access to documents and productions used at the Zeist trial (and to other material referred to in such documents), and to be permitted to subject them to forensic scientific examination, the Crown's opposition was maintained. However, after an adjournment of twenty minutes, the court (Lord Justice General Hamilton, Lords Kingarth and Eassie) granted the prayer of the petition, subject to satisfactory arrangements being agreed between the Crown and the appellant's representatives for the security of the productions during the forensic examination.
The fact that the court, without reserving judgement, granted the application makes it unnecessary for me to try to explain the convoluted grounds on which the Crown opposed the application. This is something that (despite having taken ten pages of notes during the hearing) I would have found it difficult to do for a (predominantly) lay readership. Perhaps the most important aspect of today's hearing is the ease and speed with which the court dismissed the Crown's submissions and granted the appellant's requests.
[For some light relief, why not glance at this piece from Radar?]
Wednesday, 20 August 2008
The Scottish press and the closed hearing
Only The Herald has a report, by Lucy Adams, on the PII hearing that took place yesterday behind closed doors and in the absence of Abdelbaset Megrahi's legal representatives. The Scotsman ("Scotland's National Newspaper") does not regard the issue as worthy of attention.
The article in The Herald (like yesterday's BBC report) says that what the judges have to decide is 'whether Megrahi can still get a fair appeal hearing without access to the secret papers.' This is inaccurate. The true position is as stated on this blog on 25 May 2008:
'As a distinguished Scottish judge said in 1968 in a case in the House of Lords: “It is universally recognised that there are two kinds of public interest which may clash. There is the public interest that harm shall not be done to the nation or the public service by disclosure of certain documents, and there is the public interest that the administration of justice shall not be frustrated by the withholding of documents which must be produced if justice is to be done.”
'What the court has to do is to assess the harm, if any, that would be done to the national interest through disclosure, and weigh that against the harm that would be done to the administration of justice (eg the likelihood, or the possibility, that an unjustified conviction might be upheld) if disclosure were denied. In this balancing exercise, the court must consider what aspects of the UK’s national interest would be harmed by disclosure (eg national security; relations with friendly foreign governments) and what the extent and gravity of that harm would be. Before the Government’s PII claim can succeed, this potential harm must outweigh the public interest in (and the European Convention on Human Rights requirement of) the fairness of criminal proceedings, which involves an accused person’s having access to all relevant material that might assist his defence.
'In the past, PII claims have been relatively frequently been upheld in civil cases, but only rarely upheld in criminal cases, where the liberty of the accused person is at stake. And given that the document in question was already in the hands of the Crown at the time of the Lockerbie trial in 2000, I suspect that the court will take some convincing that serious harm would be done to the UK’s national interest by its disclosure today, some eight years later.'
The Herald also publishes a letter on the matter from Dr Jim Swire. It reads in part:
'No matter what the content of the document(s) may be, and they may for all we know be quite trivial, the principle that there be "equality of arms" between the prosecution and defence in a criminal case is fundamental to a fair trial/appeal.
'Justice and truth could not be provided by any system where the political executive intervenes in the fair distribution of information between the prosecution and defence. Nor could the Scottish public have faith in such a system. One of the vital functions of any free country's judicial system is to ensure, free from interference by the executive, that the individual can rely upon it to decide issues where that political executive is alleged to have acted unfairly in disadvantaging that individual. It is against that background that I commend the letter from Professor Hans Koechler, the UN international observer at the Camp Zeist trial of Megrahi, to Mr Miliband in which he writes: "Many who, like myself, initially trusted in the integrity of the judicial process under Scots law, will feel betrayed. There is no justice without truth - and there can be no truth if evidence is withheld in a criminal case by governmental decree."
'Like the professor, I do not believe that a meaningful and fair further appeal could be held under the Scottish criminal justice system, should the High Court today decide against sharing this information with the [appellant]'s defence team.'
The article in The Herald (like yesterday's BBC report) says that what the judges have to decide is 'whether Megrahi can still get a fair appeal hearing without access to the secret papers.' This is inaccurate. The true position is as stated on this blog on 25 May 2008:
'As a distinguished Scottish judge said in 1968 in a case in the House of Lords: “It is universally recognised that there are two kinds of public interest which may clash. There is the public interest that harm shall not be done to the nation or the public service by disclosure of certain documents, and there is the public interest that the administration of justice shall not be frustrated by the withholding of documents which must be produced if justice is to be done.”
'What the court has to do is to assess the harm, if any, that would be done to the national interest through disclosure, and weigh that against the harm that would be done to the administration of justice (eg the likelihood, or the possibility, that an unjustified conviction might be upheld) if disclosure were denied. In this balancing exercise, the court must consider what aspects of the UK’s national interest would be harmed by disclosure (eg national security; relations with friendly foreign governments) and what the extent and gravity of that harm would be. Before the Government’s PII claim can succeed, this potential harm must outweigh the public interest in (and the European Convention on Human Rights requirement of) the fairness of criminal proceedings, which involves an accused person’s having access to all relevant material that might assist his defence.
'In the past, PII claims have been relatively frequently been upheld in civil cases, but only rarely upheld in criminal cases, where the liberty of the accused person is at stake. And given that the document in question was already in the hands of the Crown at the time of the Lockerbie trial in 2000, I suspect that the court will take some convincing that serious harm would be done to the UK’s national interest by its disclosure today, some eight years later.'
The Herald also publishes a letter on the matter from Dr Jim Swire. It reads in part:
'No matter what the content of the document(s) may be, and they may for all we know be quite trivial, the principle that there be "equality of arms" between the prosecution and defence in a criminal case is fundamental to a fair trial/appeal.
'Justice and truth could not be provided by any system where the political executive intervenes in the fair distribution of information between the prosecution and defence. Nor could the Scottish public have faith in such a system. One of the vital functions of any free country's judicial system is to ensure, free from interference by the executive, that the individual can rely upon it to decide issues where that political executive is alleged to have acted unfairly in disadvantaging that individual. It is against that background that I commend the letter from Professor Hans Koechler, the UN international observer at the Camp Zeist trial of Megrahi, to Mr Miliband in which he writes: "Many who, like myself, initially trusted in the integrity of the judicial process under Scots law, will feel betrayed. There is no justice without truth - and there can be no truth if evidence is withheld in a criminal case by governmental decree."
'Like the professor, I do not believe that a meaningful and fair further appeal could be held under the Scottish criminal justice system, should the High Court today decide against sharing this information with the [appellant]'s defence team.'
Tuesday, 19 August 2008
What happened at the closed hearing?
Here is what the BBC News website says about today's closed hearing:
'Legal debate has taken place behind closed doors to try to resolve a long-running row over secret documents linked to the Lockerbie bombing appeal.
'The man convicted of the atrocity, Abdelbasset al Megrahi, 56, believes they could help to clear him.
'UK Foreign secretary David Miliband said handing them to defence lawyers would put national security at risk.
'Judges now have to decide whether Megrahi can get a fair appeal hearing without access to the papers. [RB: No, this is not correct. What the judges have to decide is whether to override the Foreign Secretary's PII certificate and order the documents to be handed over, in whole or in part, to the lawyers representing Megrahi or (and this would be an entirely new departure in Scottish criminal proceedings) to special -- security-vetted -- counsel.]
'Scotland's top judge, Lord Hamilton, sitting with Lords Kingarth and Eassie, will make a ruling on the matter.
'It is the first time the Scottish courts have had to deal with such a question.
'Megrahi is currently serving a life sentence for the 1988 bombing, in which 270 people died.
'He has already lost one appeal against conviction, but the Scottish Criminal Cases Review Commission said he should have another.
'It has seen the secret documents and said they should have been shown to defence lawyers before Megrahi's trial.'
'Legal debate has taken place behind closed doors to try to resolve a long-running row over secret documents linked to the Lockerbie bombing appeal.
'The man convicted of the atrocity, Abdelbasset al Megrahi, 56, believes they could help to clear him.
'UK Foreign secretary David Miliband said handing them to defence lawyers would put national security at risk.
'Judges now have to decide whether Megrahi can get a fair appeal hearing without access to the papers. [RB: No, this is not correct. What the judges have to decide is whether to override the Foreign Secretary's PII certificate and order the documents to be handed over, in whole or in part, to the lawyers representing Megrahi or (and this would be an entirely new departure in Scottish criminal proceedings) to special -- security-vetted -- counsel.]
'Scotland's top judge, Lord Hamilton, sitting with Lords Kingarth and Eassie, will make a ruling on the matter.
'It is the first time the Scottish courts have had to deal with such a question.
'Megrahi is currently serving a life sentence for the 1988 bombing, in which 270 people died.
'He has already lost one appeal against conviction, but the Scottish Criminal Cases Review Commission said he should have another.
'It has seen the secret documents and said they should have been shown to defence lawyers before Megrahi's trial.'
Monday, 18 August 2008
This week's court hearings
On Tuesday, 19 August a closed hearing will be held on whether the UK Government's claim of public interest immunity should be upheld and, if so, to what extent. As well as the public, Abdelbaset Megrahi and his lawyers are excluded from this hearing. As I wrote on this blog on 16 July: "This is the very first time of which I am aware in Scottish legal history that a hearing has been convened in a criminal appeal from which the appellant and his legal representatives have been excluded. It should also be the last."
On Wednesday, 20 August there will be a public procedural hearing on the petition lodged by Megrahi's legal representatives for an order according them access to the original trial productions which, contrary to established practice, the Crown has been denying them. It is to be hoped that there will also be an indication of the outcome of the earlier debate on the scope of the current appeal, ie whether it should be confined to the issues on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice.
On Wednesday, 20 August there will be a public procedural hearing on the petition lodged by Megrahi's legal representatives for an order according them access to the original trial productions which, contrary to established practice, the Crown has been denying them. It is to be hoped that there will also be an indication of the outcome of the earlier debate on the scope of the current appeal, ie whether it should be confined to the issues on which the Scottish Criminal Cases Review Commission held that there might have been a miscarriage of justice.
Saturday, 16 August 2008
Oliver Miles on the compensation agreement
The website of The Guardian has an article on the implications of the US-Libyan compensation agreement by Oliver Miles, a former British ambassador to Tripoli and a former president of the Society for Libyan Studies. The article, unlike many, recognises that the conviction of the one Libyan found guilty of involvement in the Lockerbie atrocity has been referred back to the Criminal Appeal Court by the SCCRC on the basis that it may have amounted to a miscarriage of justice. The article can be read here.
And here, from the Tripoli Post, is a Libyan perspective.
And here, from the Tripoli Post, is a Libyan perspective.
From the horse's mouth
The transcript of the press briefing given by David Welch, Assistant Secretary of State for Near Eastern Affairs, on his return from Tripoli after concluding the compensation agreement with the Libyan Government, can be read here.
Friday, 15 August 2008
Yet more ...
The following is from the CNN website:
'The pact, supported by the victims' families, closes the book on a contentious period in U.S.-Libyan relations. Ties between the two countries began to improve in 2003, when Libya gave up its weapons of mass destruction program and began compensating Lockerbie victims.
'But lingering lawsuits prevented the two countries from fully normalizing ties. A joint U.S.-Libya statement issued Thursday in Tripoli said "both parties welcomed the establishment of a process to provide fair compensation for their respective nationals, and thereby turn their focus to the future of their bilateral relationship." ...
'The State Department said the "agreement is being pursued on a purely humanitarian basis and does not constitute an admission of fault by either party."
'Senior State Department officials said the formula was designed to respect Libyan sensitivities about compensating victims for incidents for which it hasn't taken responsibility.
'But it also allows Libya to settle outstanding claims for U.S. air strikes on Tripoli in 1986, in which Libya claims more than 40 of its citizens were killed, including Gadhafi's adopted daughter.
'Donations to settle Libyan claims would be placed in the "voluntary" fund, from which each country involved in the claims draws the money to pay its citizens.
'Welch said no U.S. taxpayer money would be used to compensate Libya but said he was "optimistic" donations to settle Libyan claims would be made. Other senior U.S. officials said American companies eager to do business in Libya could possibly make a contribution.
'The deal is to be followed by a U.S. upgrading of relations with Libya, including the confirmation of a U.S. ambassador and possible American aid. Secretary of State Condoleezza Rice is expected to visit Libya before the end of the year.'
'The pact, supported by the victims' families, closes the book on a contentious period in U.S.-Libyan relations. Ties between the two countries began to improve in 2003, when Libya gave up its weapons of mass destruction program and began compensating Lockerbie victims.
'But lingering lawsuits prevented the two countries from fully normalizing ties. A joint U.S.-Libya statement issued Thursday in Tripoli said "both parties welcomed the establishment of a process to provide fair compensation for their respective nationals, and thereby turn their focus to the future of their bilateral relationship." ...
'The State Department said the "agreement is being pursued on a purely humanitarian basis and does not constitute an admission of fault by either party."
'Senior State Department officials said the formula was designed to respect Libyan sensitivities about compensating victims for incidents for which it hasn't taken responsibility.
'But it also allows Libya to settle outstanding claims for U.S. air strikes on Tripoli in 1986, in which Libya claims more than 40 of its citizens were killed, including Gadhafi's adopted daughter.
'Donations to settle Libyan claims would be placed in the "voluntary" fund, from which each country involved in the claims draws the money to pay its citizens.
'Welch said no U.S. taxpayer money would be used to compensate Libya but said he was "optimistic" donations to settle Libyan claims would be made. Other senior U.S. officials said American companies eager to do business in Libya could possibly make a contribution.
'The deal is to be followed by a U.S. upgrading of relations with Libya, including the confirmation of a U.S. ambassador and possible American aid. Secretary of State Condoleezza Rice is expected to visit Libya before the end of the year.'
More on the US-Libya compensation agreement
The Herald's coverage of the compensation agreement signed yesterday in Tripoli can be read here.
The website of the other Scottish daily "heavy", The Scotsman, which advertises itself as "Scotland's National Newspaper", does not run the story.
The website of the other Scottish daily "heavy", The Scotsman, which advertises itself as "Scotland's National Newspaper", does not run the story.
Thursday, 14 August 2008
Libya, US settle all terror-related lawsuits
The following is from Associated Press news agency:
'Libya and the United States settled all outstanding lawsuits by American victims of terrorism on Thursday, clearing the way for the full restoration of diplomatic relations.
'There were 26 pending lawsuits filed by American citizens against Libya for the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, and other attacks, said a senior Libyan government official, who spoke on condition of anonymity because the details of the deal had not been publicly announced.
'He said there were also three outstanding lawsuits filed by Libyan citizens for U.S. airstrikes on Tripoli and Benghazi in 1986 that Libyans say killed 41 people, including leader Moammar Gadhafi's adopted daughter.
'The settlement completes a nearly five-year effort to rebuild ties between the two countries.
'The agreement will be followed by a U.S. upgrading of relations with Libya including the opening of an embassy in Tripoli, the confirmation of a U.S. ambassador and a visit by Secretary of State Condoleezza Rice before the end of the year. It will also allow direct U.S. aid.
'The deal also gives immunity to the Libyan government from any further terror-related lawsuits, the Libyan government official said.
'The U.S. had no diplomatic relations with Libya from 1980 until late 2003, when Gadhafi pledged to abandon his weapons of mass destruction programs, stop exporting terrorism and compensate the families of victims of the Lockerbie bombing and other attacks.
'After that, the nation that once was a global pariah was given a reprieve from U.N., U.S. and European sanctions, removed from the State Department's list of state sponsors of terrorism and allowed a seat on the U.N. Security Council.
'The last hurdle was over compensation for Americans harmed in Libyan-sponsored attacks, including the Lockerbie attack and the 1986 bombing of La Belle discotheque in Berlin, which killed two American soldiers. The disco attack prompted former President Reagan to order the 1986 airstrikes on Libya.
'Libya has paid the 268 families involved in the Pan Am settlement $8 million each, but was withholding an additional $2 million it owed each of them because of a dispute over U.S. obligations in return.
'The main Libyan lawsuit was filed by 45 families of those killed in the 1986 airstrikes. There are two other cases pending related to other incidents.
'International institutions and foreign companies operating in Libya — including some American firms — will contribute to a fund to compensate the American and Libyan claimants, the Libyan government official said.
'The top U.S. diplomat for the Middle East, David Welch, signed the deal with Ahmed al-Fatouri, head of America affairs in Libya's Foreign Ministry, in a ceremony before reporters and members of both delegations.
'"We went through a long path of negotiations until we reached this agreement," al-Fatouri said just before the signing. "It opens new horizons for relations based on mutual respect. ... The agreement turns the page on the negative past forever."
'Welch called the deal a "historic agreement" and said he delivered a letter from President Bush to Gadhafi.'
A later edition can be read here. The BBC News website's report can be read here.
It is noteworthy that Patrick Haseldine's comments on this blog to the effect that the talks were to cover Libyan as well as US claims (something that Western press reports failed to make clear) have been vindicated.
'Libya and the United States settled all outstanding lawsuits by American victims of terrorism on Thursday, clearing the way for the full restoration of diplomatic relations.
'There were 26 pending lawsuits filed by American citizens against Libya for the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, and other attacks, said a senior Libyan government official, who spoke on condition of anonymity because the details of the deal had not been publicly announced.
'He said there were also three outstanding lawsuits filed by Libyan citizens for U.S. airstrikes on Tripoli and Benghazi in 1986 that Libyans say killed 41 people, including leader Moammar Gadhafi's adopted daughter.
'The settlement completes a nearly five-year effort to rebuild ties between the two countries.
'The agreement will be followed by a U.S. upgrading of relations with Libya including the opening of an embassy in Tripoli, the confirmation of a U.S. ambassador and a visit by Secretary of State Condoleezza Rice before the end of the year. It will also allow direct U.S. aid.
'The deal also gives immunity to the Libyan government from any further terror-related lawsuits, the Libyan government official said.
'The U.S. had no diplomatic relations with Libya from 1980 until late 2003, when Gadhafi pledged to abandon his weapons of mass destruction programs, stop exporting terrorism and compensate the families of victims of the Lockerbie bombing and other attacks.
'After that, the nation that once was a global pariah was given a reprieve from U.N., U.S. and European sanctions, removed from the State Department's list of state sponsors of terrorism and allowed a seat on the U.N. Security Council.
'The last hurdle was over compensation for Americans harmed in Libyan-sponsored attacks, including the Lockerbie attack and the 1986 bombing of La Belle discotheque in Berlin, which killed two American soldiers. The disco attack prompted former President Reagan to order the 1986 airstrikes on Libya.
'Libya has paid the 268 families involved in the Pan Am settlement $8 million each, but was withholding an additional $2 million it owed each of them because of a dispute over U.S. obligations in return.
'The main Libyan lawsuit was filed by 45 families of those killed in the 1986 airstrikes. There are two other cases pending related to other incidents.
'International institutions and foreign companies operating in Libya — including some American firms — will contribute to a fund to compensate the American and Libyan claimants, the Libyan government official said.
'The top U.S. diplomat for the Middle East, David Welch, signed the deal with Ahmed al-Fatouri, head of America affairs in Libya's Foreign Ministry, in a ceremony before reporters and members of both delegations.
'"We went through a long path of negotiations until we reached this agreement," al-Fatouri said just before the signing. "It opens new horizons for relations based on mutual respect. ... The agreement turns the page on the negative past forever."
'Welch called the deal a "historic agreement" and said he delivered a letter from President Bush to Gadhafi.'
A later edition can be read here. The BBC News website's report can be read here.
It is noteworthy that Patrick Haseldine's comments on this blog to the effect that the talks were to cover Libyan as well as US claims (something that Western press reports failed to make clear) have been vindicated.
US and Libya close to resuming full ties: diplomat
The following update on the talks in Tripoli is from AFP:
'Libya and the United States are close to a deal that would see compensation paid for US victims of Libyan attacks and a full normalisation of diplomatic ties, an American official said in an interview published Thursday.
'"We hope we will (soon) conclude discussions on the deal between the two governments," US assistant secretary of state for Near Eastern affairs David Welch told the daily Asharq al-Awsat newspaper.
'"If we manage to conclude this matter, we will be in a situation that will allow a complete normalisation of relations with Libya," he added.
'Welch arrived in Tripoli on Wednesday to hold final discussions ahead of the inking of a far-reaching agreement that will see a fund being set up to compensate US victims of Libyan-sponsored attacks.
'Both US houses of Congress have passed a bill that grants Libya immunity from lawsuits once compensation has been paid through the fund.
'US Secretary of State Condoleezza Rice said after the bill was passed on August 1 that she looked forward to further improvements in ties with the north African state.
'Libyan newspaper Oya said last month that Tripoli and Washington had resumed talks in Abu Dhabi on fully compensating the relatives of US victims of Libyan attacks as well as Libyan victims of US air raids.
'Washington wants Tripoli to fully compensate families of the victims of the 1988 bombing of a Pan Am Flight over Lockerbie, Scotland that killed 270 people, and a Berlin disco bombing that killed two Americans.
'US-Libyan relations were restored in early 2004 after more than two decades after Libya's leader, Colonel Moamer Kadhafi, announced that Tripoli was abandoning efforts to acquire weapons of mass destruction.
'In 2006, the United States announced a full normalisation of ties, dropping Libya from a State Department list of state sponsors of terrorism and raising diplomatic relations to the level of ambassadors.
'However, the appointment of a US ambassador to Tripoli as well as approval of funds for a new embassy have been held up in the Senate. Rice has also said she wants to visit Tripoli, but has not yet done so.'
'Libya and the United States are close to a deal that would see compensation paid for US victims of Libyan attacks and a full normalisation of diplomatic ties, an American official said in an interview published Thursday.
'"We hope we will (soon) conclude discussions on the deal between the two governments," US assistant secretary of state for Near Eastern affairs David Welch told the daily Asharq al-Awsat newspaper.
'"If we manage to conclude this matter, we will be in a situation that will allow a complete normalisation of relations with Libya," he added.
'Welch arrived in Tripoli on Wednesday to hold final discussions ahead of the inking of a far-reaching agreement that will see a fund being set up to compensate US victims of Libyan-sponsored attacks.
'Both US houses of Congress have passed a bill that grants Libya immunity from lawsuits once compensation has been paid through the fund.
'US Secretary of State Condoleezza Rice said after the bill was passed on August 1 that she looked forward to further improvements in ties with the north African state.
'Libyan newspaper Oya said last month that Tripoli and Washington had resumed talks in Abu Dhabi on fully compensating the relatives of US victims of Libyan attacks as well as Libyan victims of US air raids.
'Washington wants Tripoli to fully compensate families of the victims of the 1988 bombing of a Pan Am Flight over Lockerbie, Scotland that killed 270 people, and a Berlin disco bombing that killed two Americans.
'US-Libyan relations were restored in early 2004 after more than two decades after Libya's leader, Colonel Moamer Kadhafi, announced that Tripoli was abandoning efforts to acquire weapons of mass destruction.
'In 2006, the United States announced a full normalisation of ties, dropping Libya from a State Department list of state sponsors of terrorism and raising diplomatic relations to the level of ambassadors.
'However, the appointment of a US ambassador to Tripoli as well as approval of funds for a new embassy have been held up in the Senate. Rice has also said she wants to visit Tripoli, but has not yet done so.'
Wednesday, 13 August 2008
US official in Libya for attack compensation talks
Following the passage by the Congress of the United States of the Libyan Claims Resolution Act and its signing by President Bush, it appears that an Assistant Secretary of State is in Tripoli for negotiations about payment by Libya into the compensation fund. The following is from AFP (Agence France Presse) and Middle East Online:
'A top US diplomat arrived in Tripoli on Wednesday for what the local press said were talks aimed at securing compensation for US victims of Libyan attacks.
'The visit by assistant secretary of state for Near Eastern affairs David Welch came after both US houses of Congress passed a bill to set up a fund for Libya to compensate US victims of Libyan-sponsored attacks and granting it immunity from lawsuits once compensation has been paid.
'US Secretary of State Condoleezza Rice said after the bill was passed on August 1 that she looked forward to further improvements in ties with the north African state.
'Libyan newspaper Oya said last month that Tripoli and Washington had resumed talks in Abu Dhabi on fully compensating the relatives of US victims of Libyan attacks as well as Libyan victims of US air raids.
'Washington wants Tripoli to fully compensate families of the victims of the 1988 bombing of a Pan Am Flight over Lockerbie, Scotland that killed 270 people, and a Berlin disco bombing that killed two Americans.
'US-Libyan relations were restored in early 2004 after more than two decades after Libya's leader, Colonel Moamer Kadhafi, announced that Tripoli was abandoning efforts to acquire weapons of mass destruction.
'In 2006, the United States announced a full normalisation of ties, dropping Libya from a State Department list of state sponsors of terrorism and raising diplomatic relations to the level of ambassadors.
'However, the appointment of a US ambassador to Tripoli as well as approval of funds for a new embassy have been held up in the Senate. Rice has also said she wants to visit Tripoli, but has not yet done so.
'State Department officials declined to link removing the final diplomatic snags to a settlement of the compensation issue.'
'A top US diplomat arrived in Tripoli on Wednesday for what the local press said were talks aimed at securing compensation for US victims of Libyan attacks.
'The visit by assistant secretary of state for Near Eastern affairs David Welch came after both US houses of Congress passed a bill to set up a fund for Libya to compensate US victims of Libyan-sponsored attacks and granting it immunity from lawsuits once compensation has been paid.
'US Secretary of State Condoleezza Rice said after the bill was passed on August 1 that she looked forward to further improvements in ties with the north African state.
'Libyan newspaper Oya said last month that Tripoli and Washington had resumed talks in Abu Dhabi on fully compensating the relatives of US victims of Libyan attacks as well as Libyan victims of US air raids.
'Washington wants Tripoli to fully compensate families of the victims of the 1988 bombing of a Pan Am Flight over Lockerbie, Scotland that killed 270 people, and a Berlin disco bombing that killed two Americans.
'US-Libyan relations were restored in early 2004 after more than two decades after Libya's leader, Colonel Moamer Kadhafi, announced that Tripoli was abandoning efforts to acquire weapons of mass destruction.
'In 2006, the United States announced a full normalisation of ties, dropping Libya from a State Department list of state sponsors of terrorism and raising diplomatic relations to the level of ambassadors.
'However, the appointment of a US ambassador to Tripoli as well as approval of funds for a new embassy have been held up in the Senate. Rice has also said she wants to visit Tripoli, but has not yet done so.
'State Department officials declined to link removing the final diplomatic snags to a settlement of the compensation issue.'
Sunday, 10 August 2008
Patrick Haseldine on US-Libya compensation agreement
I am grateful to Patrick Haseldine for allowing me to reproduce here the text of an e-mail that he sent to me today:
'A week ago, President Bush signed off the Libyan Claims Resolution Act (see http://www.timesonline.co.uk/tol/news/world/us_and_americas/article4462187.ece).
'A fortnight ago, the Libyan leader's son Saif al-Islam al-Gaddafi publicly confirmed that a comprehensive agreement with the United States over further payments of compensation for past bombing incidents for which Libya has been blamed (April 1986 Berlin discotheque, December 1988 Pan Am Flight 103 and September 1989 UTA Flight 772 bombings) was close to being concluded. However, Saif al-Islam was insistent that the United States should first compensate Libya for the June 1986 bombing of Tripoli and Benghazi: "We offered the United States a comprehensive deal putting all the cases in one package but we want them to compensate the Libyan victims of the U.S. strike. This is our condition and they must satisfy it" (see http://news.yahoo.com/s/nm/20080724/wl_nm/libya_italy_compensation_dc).
'It would be wrong to regard this Libyan demand for compensation as something new or simply the latest negotiating tactic. Giving evidence in a 2002 legal action against The Daily Telegraph, Saif al-Islam al-Gaddafi recounted a terrifying event that took place in his youth:
'"One of the worst times in my family's life together was the United States bombing raid on Tripoli and Benghazi (the two biggest cities in Libya) in 1986. I was only 14 at the time and my family were all together in our home in Tripoli. One night, without any warning, the bombers came and, for five minutes, rained rockets down on us. I was woken up by loud crashing sounds and explosions, it was absolutely terrifying. Our house had been directly hit. I knew that we had to go to a shelter which had been built within the house. Sadly, some of my brothers and sisters were too young to know what to do, and they became trapped in one part of the house when a corridor collapsed. They were stuck there until the rescue services arrived, and, when we dug them out we found that Hannah, my youngest sister, had died. She was just four years old" (see http://www.libya-watanona.com/news/n21aug2a.htm).
'It was claimed that the U.S. air strike killed at least 40 people in Libya, and injured 220. As recently as 3 August 2008, it was revealed that Libyan leader Muammar Gaddafi had been forewarned of the attack in a telephone call from Malta's Prime Minister, Karmenu Mifsud Bonnici. When Gaddafi heard that unauthorised aircraft were flying over Maltese airspace heading south towards Tripoli, he rushed out of the family residence in the Bab al Aziziya compound moments before the bombs dropped, and escaped injury (see http://www.maltatoday.com.mt/2008/08/03/t8.html).
'The Libyan claim for compensation might not be limited just to the United States but could perhaps be extended to the United Kingdom. This is because Margaret Thatcher's government authorised the use of RAF Lakenheath and RAF Upper Heyford for the bombing raid by the USAF's 22 strike aircraft. France, which denied the USAF overflying rights, could also put in a compensation claim because the French embassy in Tripoli was seriously damaged by a precision-guided bomb which "missed" its intended target!'
This item was reproduced by Mathaba News Network on 12 August 2008.
'A week ago, President Bush signed off the Libyan Claims Resolution Act (see http://www.timesonline.co.uk/tol/news/world/us_and_americas/article4462187.ece).
'A fortnight ago, the Libyan leader's son Saif al-Islam al-Gaddafi publicly confirmed that a comprehensive agreement with the United States over further payments of compensation for past bombing incidents for which Libya has been blamed (April 1986 Berlin discotheque, December 1988 Pan Am Flight 103 and September 1989 UTA Flight 772 bombings) was close to being concluded. However, Saif al-Islam was insistent that the United States should first compensate Libya for the June 1986 bombing of Tripoli and Benghazi: "We offered the United States a comprehensive deal putting all the cases in one package but we want them to compensate the Libyan victims of the U.S. strike. This is our condition and they must satisfy it" (see http://news.yahoo.com/s/nm/20080724/wl_nm/libya_italy_compensation_dc).
'It would be wrong to regard this Libyan demand for compensation as something new or simply the latest negotiating tactic. Giving evidence in a 2002 legal action against The Daily Telegraph, Saif al-Islam al-Gaddafi recounted a terrifying event that took place in his youth:
'"One of the worst times in my family's life together was the United States bombing raid on Tripoli and Benghazi (the two biggest cities in Libya) in 1986. I was only 14 at the time and my family were all together in our home in Tripoli. One night, without any warning, the bombers came and, for five minutes, rained rockets down on us. I was woken up by loud crashing sounds and explosions, it was absolutely terrifying. Our house had been directly hit. I knew that we had to go to a shelter which had been built within the house. Sadly, some of my brothers and sisters were too young to know what to do, and they became trapped in one part of the house when a corridor collapsed. They were stuck there until the rescue services arrived, and, when we dug them out we found that Hannah, my youngest sister, had died. She was just four years old" (see http://www.libya-watanona.com/news/n21aug2a.htm).
'It was claimed that the U.S. air strike killed at least 40 people in Libya, and injured 220. As recently as 3 August 2008, it was revealed that Libyan leader Muammar Gaddafi had been forewarned of the attack in a telephone call from Malta's Prime Minister, Karmenu Mifsud Bonnici. When Gaddafi heard that unauthorised aircraft were flying over Maltese airspace heading south towards Tripoli, he rushed out of the family residence in the Bab al Aziziya compound moments before the bombs dropped, and escaped injury (see http://www.maltatoday.com.mt/2008/08/03/t8.html).
'The Libyan claim for compensation might not be limited just to the United States but could perhaps be extended to the United Kingdom. This is because Margaret Thatcher's government authorised the use of RAF Lakenheath and RAF Upper Heyford for the bombing raid by the USAF's 22 strike aircraft. France, which denied the USAF overflying rights, could also put in a compensation claim because the French embassy in Tripoli was seriously damaged by a precision-guided bomb which "missed" its intended target!'
This item was reproduced by Mathaba News Network on 12 August 2008.
Wednesday, 6 August 2008
The USS Vincennes affair
The following comes from Ed's Blog City:
'In the midst of the continuing appeal by the man convicted of the Lockerbie bombing and the approaching Pan Am 103 Lockerbie 20 year anniversary, there was another painful anniversary marked last month. July 3rd marked two decades since Iran Airbus 655, carrying 290 civilians was downed over the Persian Gulf by an American warship and relatives of those killed gathered at Bandar Abbas to commemorate them.
'Many believe, contrary to the official line taken by the US and UK government's, that this particular event in July 1988 led directly to the attack on the Pan Am flight just before Christmas in 1988.
'The US, despite paying compsenation to the Iranian victims families, has never apoligised for the incident and in fact still to this day seems reluctant to show any remorse for the attack, wiping all recollection of the atrocity from memory.
'In a daily press briefing on July 2, 2008, the following set of questions and answers took place between an unidentified reporter and Department of State Spokesman Sean McCormack:
'QUESTION: Tomorrow marks the 20 years since the U.S. Navy warship Vincennes gunned down the IR655 civilian airliner, killing all 300 people on board, 71 of whom were children. And while the United States Government settled the incident in the International Court of Justice in 1996 at $61.1 million in compensation to the families, they, till this day, refuse to apologize...
'MR. MCCORMACK: Mm-hmm.
'QUESTION: – as requested by the Iranian Government. And actually, officials in the Iranian Government said today that they’re planning on a commemoration tomorrow and it would, you know, show a sign of diplomatic reconciliation if the United States apologized for this incident.
'MR. MCCORMACK: Mm-hmm.
'QUESTION: Do you think it sends a positive message if, on the 20th anniversary of this incident, the United States Government apologize?
'MR. MCCORMACK: You know, to be honest with you, I’ll have to look back and see the history of what we have said about this – about the issue. I honestly don’t know. Look, nobody wants to see – everybody mourns innocent life lost. But in terms of our official U.S. Government response to it, I can’t – I have to confess to you, I don’t know the history of it. I’d be happy to post you an answer over to your question.'
And the following, from the same blog, comes from Wiredispatch:
'Some 300 relatives of victims as well as artists and officials sailed from the southern port city of Bandar Abbas to the spot where the Iran Air Airbus A300 crashed into the water on July 3, 1988, killing all on board.
'The USS Vincennes shot down the airliner shortly after it took off from Bandar Abbas for Dubai in the United Arab Emirates. Washington said the Vincennes mistook the airliner for a hostile Iranian fighter jet. Iran maintains it was a deliberate attack.
'In recent years, as tensions with the U.S. have increased, the anniversary has become an annual outpouring of anger at America, and it has drawn wider coverage in state media.
'Participants shouted "Death to America" and "We condemn U.S. state terrorism" as helicopters showered flowers on the crash site.
'"This crime will remain a disgraceful blot on the forehead of the United States (government). We are here today to say we will never forget the horrendous crime Americans committed against civilians," said Roya Teimourian, an Iranian actress.
'The participants released 66 white pigeons into the air in remembrance of the 66 children killed in the attack. Relatives of the victims tossed flowers into the water while a navy band played the Iranian national anthem and the song "Death to America."
'"How could a sophisticated warship like the USS Vincennes have mistaken a passenger plane for a fighter jet, which is two-thirds smaller?" said Mehdi Amini-Joz, who lost his father in the attack.
'Ali Reza Tangsiri, a military official, said the incident was a deliberate attack.
'"The airliner was increasing its altitude and was flying a commercial route. The Airbus has a general frequency which shows it is a nonmilitary plane. ... It was deliberately targeted by two missiles from the Vincennes," he said.
'Iran has called for the commander of USS Vincennes at the time, William C. Rogers III, to be brought to trial. In 1990, then-U.S. President George H. W. Bush awarded Rogers the Legion of Merit for his service as a commanding officer.
'Iran has said it received $130 million from a 1996 settlement that included compensation for families of the victims.'
'In the midst of the continuing appeal by the man convicted of the Lockerbie bombing and the approaching Pan Am 103 Lockerbie 20 year anniversary, there was another painful anniversary marked last month. July 3rd marked two decades since Iran Airbus 655, carrying 290 civilians was downed over the Persian Gulf by an American warship and relatives of those killed gathered at Bandar Abbas to commemorate them.
'Many believe, contrary to the official line taken by the US and UK government's, that this particular event in July 1988 led directly to the attack on the Pan Am flight just before Christmas in 1988.
'The US, despite paying compsenation to the Iranian victims families, has never apoligised for the incident and in fact still to this day seems reluctant to show any remorse for the attack, wiping all recollection of the atrocity from memory.
'In a daily press briefing on July 2, 2008, the following set of questions and answers took place between an unidentified reporter and Department of State Spokesman Sean McCormack:
'QUESTION: Tomorrow marks the 20 years since the U.S. Navy warship Vincennes gunned down the IR655 civilian airliner, killing all 300 people on board, 71 of whom were children. And while the United States Government settled the incident in the International Court of Justice in 1996 at $61.1 million in compensation to the families, they, till this day, refuse to apologize...
'MR. MCCORMACK: Mm-hmm.
'QUESTION: – as requested by the Iranian Government. And actually, officials in the Iranian Government said today that they’re planning on a commemoration tomorrow and it would, you know, show a sign of diplomatic reconciliation if the United States apologized for this incident.
'MR. MCCORMACK: Mm-hmm.
'QUESTION: Do you think it sends a positive message if, on the 20th anniversary of this incident, the United States Government apologize?
'MR. MCCORMACK: You know, to be honest with you, I’ll have to look back and see the history of what we have said about this – about the issue. I honestly don’t know. Look, nobody wants to see – everybody mourns innocent life lost. But in terms of our official U.S. Government response to it, I can’t – I have to confess to you, I don’t know the history of it. I’d be happy to post you an answer over to your question.'
And the following, from the same blog, comes from Wiredispatch:
'Some 300 relatives of victims as well as artists and officials sailed from the southern port city of Bandar Abbas to the spot where the Iran Air Airbus A300 crashed into the water on July 3, 1988, killing all on board.
'The USS Vincennes shot down the airliner shortly after it took off from Bandar Abbas for Dubai in the United Arab Emirates. Washington said the Vincennes mistook the airliner for a hostile Iranian fighter jet. Iran maintains it was a deliberate attack.
'In recent years, as tensions with the U.S. have increased, the anniversary has become an annual outpouring of anger at America, and it has drawn wider coverage in state media.
'Participants shouted "Death to America" and "We condemn U.S. state terrorism" as helicopters showered flowers on the crash site.
'"This crime will remain a disgraceful blot on the forehead of the United States (government). We are here today to say we will never forget the horrendous crime Americans committed against civilians," said Roya Teimourian, an Iranian actress.
'The participants released 66 white pigeons into the air in remembrance of the 66 children killed in the attack. Relatives of the victims tossed flowers into the water while a navy band played the Iranian national anthem and the song "Death to America."
'"How could a sophisticated warship like the USS Vincennes have mistaken a passenger plane for a fighter jet, which is two-thirds smaller?" said Mehdi Amini-Joz, who lost his father in the attack.
'Ali Reza Tangsiri, a military official, said the incident was a deliberate attack.
'"The airliner was increasing its altitude and was flying a commercial route. The Airbus has a general frequency which shows it is a nonmilitary plane. ... It was deliberately targeted by two missiles from the Vincennes," he said.
'Iran has called for the commander of USS Vincennes at the time, William C. Rogers III, to be brought to trial. In 1990, then-U.S. President George H. W. Bush awarded Rogers the Legion of Merit for his service as a commanding officer.
'Iran has said it received $130 million from a 1996 settlement that included compensation for families of the victims.'
Tuesday, 5 August 2008
Bush signs Libya compensation law
This is the headline over an article today on The Times website. It reads in part:
'President George Bush has signed legislation that paves the way for the US to settle all remaining lawsuits against Libya by American terrorism victims, and paves the way for complete rapprochement between the former rogue state and the US. ...
'The Libyan Claims Resolution Act creates a fund to compensate the victims, and grants Libya immunity from terror-related lawsuits. Under the arrangement, the country would not accept responsibility for the acts but would provide the money to compensate the victims. ...
'The bill will allow the Lockerbie and La Belle victims, who already have settlements with Libya, to recover the full amount they're owed. Libya has paid the 268 families involved in the Pan Am settlement $US8m (£4,065,000) each but it owes them $US2m (£1,016,200) more.'
The separate account on the Jurist website contains useful links to background material and reactions.
Henk Ruyssenaars' commentary can be read on the Storming Heaven's Gates blog.
'President George Bush has signed legislation that paves the way for the US to settle all remaining lawsuits against Libya by American terrorism victims, and paves the way for complete rapprochement between the former rogue state and the US. ...
'The Libyan Claims Resolution Act creates a fund to compensate the victims, and grants Libya immunity from terror-related lawsuits. Under the arrangement, the country would not accept responsibility for the acts but would provide the money to compensate the victims. ...
'The bill will allow the Lockerbie and La Belle victims, who already have settlements with Libya, to recover the full amount they're owed. Libya has paid the 268 families involved in the Pan Am settlement $US8m (£4,065,000) each but it owes them $US2m (£1,016,200) more.'
The separate account on the Jurist website contains useful links to background material and reactions.
Henk Ruyssenaars' commentary can be read on the Storming Heaven's Gates blog.
Friday, 1 August 2008
More from Dr De Braeckeleer
In his most recent article in OhMyNews International (the latest in a multi-part series on the background to the Lockerbie disaster) Dr Ludwig de Braeckeleer has this to say:
'Just days after the downing [of Pan Am 103], the Iranian charge d'affaires in Beirut, Hussain Niknam, invited [Ahmed] Jibril at the Iranian Embassy. A few days later, several meetings occurred in Tehran. Among the participants, one finds Mohtashemi-Pur, Jibril and several representatives of the Iranian Revolutionary Guards and Hezbollah.
'According to the minutes of one of these meetings obtained by a German magazine, [Quick] Iran ordered the destruction of Pan Am Flight 103 to avenge the shooting down of an Iranian civilian jet by the US Navy in the Persian Gulf. Tehran paid Ahmed Jibril about $1 million in advance to carry out the attack.
'"We had advanced notice. The smoking gun came in July," Former CIA case officer Bob Baer told me earlier this month.
'"We had info that Iranian representatives of the Islamic Revolution Guards have signed an agreement with a Palestinian group to bring down a plane. The investigation data was superb. It couldn't have been better," Baer has said previously.
'Patrick Lang, chief of the US Defense Intelligence Agency's Middle East section at the time, told me that he stands by his statement that "the bombing of the Pan Am flight was conceived, authorized and financed by Ali-Akbar Mohtashemi-Pur, the former Iranian minister of interior."
'According to a DIA memo, "the operation was contracted to Ahmad Jibril for $1 million." The remainder was to be paid after successful completion of the mission. (Jibril's organization did receive $10 million on Dec. 23, two days after the bombing of Pan Am 103.)
'Various media have quoted Lang as saying: "I still agree with that. We felt quite sure that this was a PFLP thing." In a recent e-mail, Lang told me that he meant the PFLP-GC -- that is, the group led by Ahmed Jibril. The PFLP is another group.'
The complete article can be read here.
'Just days after the downing [of Pan Am 103], the Iranian charge d'affaires in Beirut, Hussain Niknam, invited [Ahmed] Jibril at the Iranian Embassy. A few days later, several meetings occurred in Tehran. Among the participants, one finds Mohtashemi-Pur, Jibril and several representatives of the Iranian Revolutionary Guards and Hezbollah.
'According to the minutes of one of these meetings obtained by a German magazine, [Quick] Iran ordered the destruction of Pan Am Flight 103 to avenge the shooting down of an Iranian civilian jet by the US Navy in the Persian Gulf. Tehran paid Ahmed Jibril about $1 million in advance to carry out the attack.
'"We had advanced notice. The smoking gun came in July," Former CIA case officer Bob Baer told me earlier this month.
'"We had info that Iranian representatives of the Islamic Revolution Guards have signed an agreement with a Palestinian group to bring down a plane. The investigation data was superb. It couldn't have been better," Baer has said previously.
'Patrick Lang, chief of the US Defense Intelligence Agency's Middle East section at the time, told me that he stands by his statement that "the bombing of the Pan Am flight was conceived, authorized and financed by Ali-Akbar Mohtashemi-Pur, the former Iranian minister of interior."
'According to a DIA memo, "the operation was contracted to Ahmad Jibril for $1 million." The remainder was to be paid after successful completion of the mission. (Jibril's organization did receive $10 million on Dec. 23, two days after the bombing of Pan Am 103.)
'Various media have quoted Lang as saying: "I still agree with that. We felt quite sure that this was a PFLP thing." In a recent e-mail, Lang told me that he meant the PFLP-GC -- that is, the group led by Ahmed Jibril. The PFLP is another group.'
The complete article can be read here.
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