Gaddafi sons, officials, go on trial in Libya

[This is the headline over a report published today on the website of the Maltese newspaper The Times.  It reads in part:]

Libyan prosecutors have opened the trial of deposed leader Muammar Gaddafi's sons and former regime officials  in a major test for the North African state's transition to a democracy.

Neither Saadi Gaddafi or Saif al-Islam were in the courtroom at Tripoli's Al-Hadba prison, but Gaddafi's ex-spy chief Abdullah al-Senussi was among the former officials sitting behind a fenced-off section, a Reuters reporter said. (...)

Senussi was joined in the court by Gaddafi's former prime minister Baghdadi al-Mahmoudi, and former foreign minister Abdul Ati al-Obeidi, a Reuters reporter said. Also in the court was ex-intelligence chief Buzeid Dorda, who had appeared at earlier trial proceedings.

The men face charges ranging from corruption to war crimes related to the deaths during the 2011 uprising, which expanded into a civil war that eventually ousted Gaddafi. The former Libyan leader was later killed after his capture. (...)

[Abuzed Omar Dorda and Abdel-Ati al-Obeidi both a played a highly significant and, in my view, honourable, part in the resolution of the Lockerbie impasse between the UK, the USA and Libya. No mention is made in this report (or in any of the others that I have seen today) of Mohammed al-Zwai, another important figure in the Lockerbie affair, though he has been named as a defendant in earlier reports.]

Saif-al-Islam Gaddafi on the release of Megrahi: four years ago, with an update

[Another piece from the blog archive during this fallow period for Lockerbie developments. This one is from 25 March 2010:]

“I asked him about Abdelbaset Ali Al-Megrahi, the man convicted in the Pan Am 103 atrocity, in which 270 were killed, when the flight blew up over Lockerbie, Scotland in 1988. The Scottish Judiciary released Megrahi in August on compassionate grounds [RB: the Cabinet Secretary for Justice, who released Megrahi, is a minister in the Scottish Government, not a member of the Scottish judiciary], as doctors gave him just three months to live. Seven months later he is still alive. Gaddafi said, ‘The Americans shouldn’t be angry because this man is innocent, I believe he is innocent. Second, it was not a Libyan decision to release him. They should go to the UK and discuss the issue with the UK and not Libya. And the third issue--he is very sick. This is a fact. But he is still alive. You should ask God about that.’”

[From an interview by Amy Kellogg with Saif Gaddafi, reported in the Live Shots section of the Fox News website. In a later article on the same website, Ms Kellogg writes:]

Though Libya renounced its weapons of mass destruction program back in 2003, a US Embassy didn’t open in Tripoli until late 2008. That was after Libya paid compensation for the families of the victims of Pan Am flight 103. (...)

Despite the normalization of relations, there is much historic baggage weighing on the new relationship, including painful memories of the 1988 Pan Am 103 incident, and for the Libyans, the bombing of Leader Moammar Gaddafi’s home by the Americans in 1986.

When a Scottish court released the man convicted in the Pan Am 103 bombing, Abdelbaset Ali Al-Megrahi, on compassionate grounds, as doctors determined he had just three months left to live, many Americans reacted angrily, as it brought back painful memories. US Ambassador Gene Cretz acknowledges that.

“There’s no doubt that the impact of that picture of Mr. Megrahi being greeted here struck at the very heart of American sensitivities not only in Washington but throughout our country, because it was a reminder of a very very painful past and a present that continues to be painful for the families who lost relatives and friends in that incident and others.”

I asked Seif al-Islam al-Gaddafi, the son of the Libyan leader about the release of Megrahi, who is still alive seven months after his release.

"Americans shouldn't be angry because this man is innocent. I believe he is innocent. Second, it was not a Libyan decision to release him. They should go to the UK and discuss the issue with the UK not Libya. The third issue, he's very sick. This is a fact. That he is still live you should ask God."

Many Libyans make the distinction between Libya’s “accepting responsibility” for the bombing, and actually being guilty of the atrocity, considering Megrahi the fall guy. Yet a Scottish court convicted Megrahi and that fact has not changed. [RB: But an official Scottish body, the SCCRC, has said that that conviction may have been a miscarriage of justice.]

Cretz said even though it was a Scottish court that released him [RB: it was a Scottish Government minister, not a Scottish court], that act caused some damage to US-Libya relations.

“It was a setback no doubt it did impact on relations and this is one of the reasons that we are trying to brick by brick , day by day, discussion by discussion, lay down a path of normalization with this country. So that after 30 years of estrangement and hostility we are able to begin to find a language to talk to each other and to also make each other aware of our cultural and political imperatives and sensitivities.” 

[RB (2014): Shortly after this the “cultural and political imperatives and sensitivities” of the United States embraced logistical and military support for the overthrow of Gaddafi, with the dire results for Libya that are now increasingly apparent. 

Saif al-Islam is amongst those who are due to go on trial in Libya on 14 April. Also among the accused is Abuzed Omar Dorda. In the reports I see no mention of important Lockerbie figures Abdul Ati al-Obeidi and Mohammed al-Zwai, but I suspect that they will also feature.]  

Gaddafi-era Lockerbie officials go on trial in Tripoli

[The trial of thirty-seven Gaddafi-era officials on charges of murder, conspiracy to murder and human rights crimes during the revolution, opened yesterday in Tripoli. Most media reports have mentioned only one of the accused, Abdullah al-Senussi, Gaddafi’s intelligence chief and brother-in-law. However, the report in the Libya Herald refers to a number of other defendants:]

The Tripoli hearing was largely concerned with the formalities of establishing charges and identities. Along with Senussi who looked thin and gaunt, appearing to confirm his doctor’s claim that he has prostate cancer, the 36 accused appearing today included Qaddafi’s External Security Agency head Abu Zaid Omar Dorda, former Foreign Minister Abdul Ati al-Obeidi, the General People’s Conference head Mohamed al-Zway, former Prime Minister Al-Baghdadi al-Mahmoudi, and Tripoli Internal Security Agency head Mansour Dhou.

Unlike Senussi, Dorda, Obeidi and Zway have already made court appearances in Tripoli. Dorda’s case was adjourned on several occasions while Obeidi and Zway, who were arrested in July 2011, were found not guilty in June on charges of maladministration while in office and wasting public funds. (...)

At the end of two hours today, during which the defendants confirmed their names and the charges against them were read out, the pre-trial hearing was adjourned until 3 October. By then, the judge and his deputy ordered, defence lawyers must have reviewed their clients’ files and prepared their defences.

The proceedings were watched by a handful of foreign press reporters alongside local print and media journalists. Outside the court, there was a small protest by families of Busleem prison massacre victims, many with placards demanding that Senussi and others be hanged.  Security was high both inside and outside the courtroom, with local shops being asked to close up.

[Messrs Dorda, Obeidi and Zway were all heavily involved in the resolution of the Lockerbie impasse.  I had many meetings with all of them and always found them open, trustworthy and honest in their dealings with me.]

Lockerbie compensation: Libyan officials acquitted

[This is the headline over a report just published on the BBC News website. In its original form (it has now been slightly expanded), it read as follows:]

Two senior Libyan officials have been acquitted of "squandering public funds" by agreeing to pay $2.7bn (£1.7bn) in compensation to victims of the 1988 Lockerbie bombing.

Former Foreign Minister Abdelaaty al-Obeidi [a long-serving member of the Libyan Lockerbie committee] and former General People's Congress head Mohamed al-Zway [a long time ambassador in London] have been on trial since September 2012.

Col Muammar Gaddafi agreed to pay the compensation in 2003.

These are the first verdicts against his officials since he was ousted.

[I am delighted to hear of these acquittals. Between 1993 and 2010 I had numerous dealings with Messrs Obeidi and Zwai over the Lockerbie case.  I found both of them to be straightforward, honest and trustworthy.  They were two of the good guys of the Gaddafi regime, in my view.  The saga of their arrest and trial after the collapse of the old regime can be followed here.

I am saddened to discover the following addition to the BBC’s report made at 16.08:]

State prosecutor Sidiq al-Sour later told journalists that the pair would face separate charges over the "systematic repressive policies practised" by Col Gaddafi's government during the 2011 uprising which toppled him.

He said they would face charges such as forming armed criminal groups, inciting rape and illegally detaining individuals. 

[An Agence France Presse news agency report on the Star Africa website contains the following:]

A Libyan court acquitted two former aides of slain dictator Moamer Kadhafi on Monday of charges connected to the deadly 1988 bombing of a US airliner over Lockerbie, Scotland.

“On behalf of all people, the court decides to acquit Abdelati al-Obeidi and Mohamed Belgassem al-Zwai of all charges against them,” the judge said to shouts of “Long live justice!” from the defendants’ families. (...)

It was unclear if Obeidi, a former foreign minister, and Zwai, ex-parliament speaker, would be released following their acquittal or if there were other charges outstanding.

“We are satisfied that the verdict proves that Libyan justice is transparent and equal,” said Sami, a nephew of Obeidi, as he left the courtroom.

The two men were accused of mismanaging public funds in compensating families of victims of the Lockerbie bombing.

The prosecution had charged that Obeidi and Zwai were responsible for negotiating settlements with the Lockerbie families and had paid out double the amount originally planned. 

[Further clarification can be found in this report from the news agency Reuters and in this report on the Middle East Online website.

I can find no recent information on the criminal proceedings against Abuzed Omar Dorda, another Gaddafi-era official heavily involved in seeking a resolution of the Lockerbie affair.]

Gaddafi-era officials go on trial accused over Lockerbie case

[This is the headline over a report published today by the Reuters news agency.  It reads in part:]

Two senior officials under late Libyan leader Muammar Gaddafi went on trial on Monday accused of wasting public money by facilitating a compensation payment of more than $2 billion to families of those killed in the 1988 Lockerbie bombing.

The trial of the two men - former Foreign Minister Abdel-Ati al-Obeidi and former Secretary General of the General People's Congress [RB: and Libyan ambassador in London following restoration of diplomatic relations in 2001] Mohammed Zwai - was swiftly adjourned to give their legal team more time to prepare.

Zwai was the head of the legislature under Gaddafi, who was overthrown after an uprising last year and later killed.

Libya's new rulers, who aim to draw up a democratic constitution, are keen to try Gaddafi's family members and loyalists to show the country's citizens that those who helped Gaddafi stay in power for 42 years are being punished.

But human rights activists fret a weak central government and a relative lack of rule of law mean legal proceedings will not meet international standards.

The two men's appearance in the dock - 14 months after they were arrested - was brief.

"I refute these charges against me," Zwai told the court. Obedi also denied the charges.

The judge, whose name was not given, read out the charges against the duo, saying they were accused of arranging compensation worth $2.7 billion for the families of those killed in the Lockerbie bombing to try to get them to drop charges against Libya.

The 1988 bombing of a PanAm flight over Lockerbie in Scotland killed 270 people. Libyan Abdel Basset al-Meghrahi, who always denied involvement in downing the jet, was convicted of the bombing. He was released from jail in 2009 amid huge controversy in Britain and died of cancer in May.

Most but not all of the compensation was paid out by Libya on condition that U.N. sanctions against it were cancelled and U.S. trade sanctions against it lifted.

The judge said the two men's action was a crime because "the compensation was a waste of public money especially when there was no guarantee the charges in the Lockerbie case would be dropped if the compensation was made".

The judge adjourned the men's trial until October 15 after Mustafa Kishlaf, the defense lawyer, said he needed access to certain files and more time to study the case.

On Sunday, war-time interim Justice Minister Mohammed Al-Alagy told reporters that the current trials of Gaddafi-era officials were "invalid" because the prosecutor general's office was not following the necessary legal steps.

Under Libyan law, the Indictment Chamber reviews cases and then refers them to the appropriate court. But Alagy said prosecutors were bypassing this body and demanded they review their procedures and the legality of those held in custody.

Buzeid Dorda, a former intelligence chief and the first former senior official from the Gaddafi era to be put on trial in Libya, said in July he had been denied the right to meet privately with a lawyer and had been subjected to illegal interrogations during his 10 months in detention.

His trial, which began on June 5, has been adjourned several times since for procedural reasons.

[A report on the Libyan Mathaba website contains the following:]

The Tripoli Appeals Court today Monday postponed the trial of senior officials of the derailed Jamahiriya to consider the issue of the defendants Mohammed Abu El-Gassem Yusuf al-Zwai, Secretary of the General People's Congress of the Great Socialist People's Libyan Arab Jamahiriya, and Abdulati Ibrahim Muhammad al-Obeidi, Secretary of External Communications at the Congress until the 15th October at the request of their lawyers.

This was followed by the trial judge citing charges against the two accused, by the public prosecutor for first in 2004 as public officials for harming public money by granting compensation to the families of the victims of the Pan Am flight 103 "Lockerbie" case, of over two thousand seven hundred million dollars (2.7 billion),  exceeded the ceiling granted to them in a weak and fake case, since Libya was not responsible.

The second charge concerned treason of the suspects in taking part in negotiations with the lawyers of the families of the victims and agreeing to pay the compensation in exchange for the lifting of the unjust sanctions imposed upon Libya, instead of demanding compensation for those sanctions, which is still outstanding, and to remove Libya from the list of countries sponsoring terrorism, while knowing that lawyers are not authorised to negotiate the conditions mentioned above by the US administration, which resulted in harm to the public money as applicable in the articles 2/9 of Law No. 2 of 1979 on economic crimes and articles 183 and 76 of the Penal Code.

Both the accused during the hearing rejected charges brought against them by the trial judge, and asked their defense counsel for for the copies of some papers and documents of the court with a request for the release of those documents, which was met by an objection by the prosecution. The court decided in its second public meeting today to defer consideration of the charges at the request of the defendants to give them more time so as to enable the defense lawers to interview their clients in accordance with legal procedures applicable and to see all documents permitted.

[Further information regarding the Lockerbie role of Obeidi can be found on this blog here; of Zwai here; and of Dorda here.]

Lockerbie after 24 years: back to square one

[This is the headline over an article published on 14 June on the Middle East Online website.  It reads as follows:]

Now that Mr. Al-Meghrahi died and Colonel Gathafi gone before him does the world know the truth about that fatal night of December 1988? Unfortunately not, writes Mustafa Fetouri.

On May 20th Abdel Baset Al-Meghrahi the only Lockerbie convict died at his Damascus district home, south of the Libyan capital Tripoli. Nearly three years ago he was released from Scottish jail for humanitarian reasons and “allowed to return to Libya to die” as the Scottish justice minister Kenny MacAskill put it. The man was already diagnosed with prostate cancer in terminal stage. His doctors gave him weeks or months to live but he lived for nearly three years. Dr Jim Swire whose daughter Flora died in the tragedy believed neither Libya nor Mr Al-Megrahi had anything to do with the Lockerbie tragedy. He has been very critical of the court that handed down the verdict against Mr Al-Meghrahi. I happen to share the same belief with Dr Swire whom I met and even shared spot on a TV talk show in 2009 In his search for the truth Dr Swire visited Libya couple of times, met the late Colonel Gathafi, and became close to Mr Al-Meghrahi regularly visiting him in jail in Scotland. Last December the two men met for the last time in Tripoli. Reporting on the meeting Dr Swire wrote that Mr Al-Megrahi “ was concerned that I as a victim’s father should get access, on his death, to all the information that had been amassed to fight his abandoned appeal.“ In my own search of the truth immediately after the 2001 trial ended I communicated briefly with Dr Hans Köchler the UN appointed observer to the court. Dr Köchler was very certain about the unreliability of the prosecutor’s star witness; a Maltese shop owner named Toni Gauci. Mr Gauci’s evidence was crucial to convict Abdelbast as it was the only “strong” evidence that directly linked the convict to the cloths in which the bomb was wrapped. Yet when cross examined Mr Gauci failed to recall the same details twice nevertheless his evidence was taken into account by the court sitting in Camp Zeist, The Netherlands. Ever since his appearance at the court Mr Gauci disappeared without trace. He could not be found in Malta not anywhere else. That is until a year ago when a private detective, working for a TV documentary, spotted him back in his little home in Valetta, Malta. Of course he could not be approached for interview. Until the last minute of his life Mr Al-Meghrahi loudly protested his innocence expressing his determination to clear his name. He told me the same thing when I met him in 2010. Our meeting was arranged in his house with the hope that I will write a TV documentary telling his side of the story which never told. Inching towards his death I was impressed by his sharp memory and determination to clear his name. Despite the fact that he appeared weak and frail at the time he was welcoming and aware of political events particularly following the Tunisian revolt. I later found out that a London based publisher was helping Mr Al-Meghrahi write his memories. One of Saif al-Islam Gathafi’s assistants who arranged my meeting with him later confirmed the news to me in a phone conversation. I would urge who ever behind the project to publish the book as soon as possible as it’s sure to reveal previously unknown details. [RB: The book is John Ashton's Megrahi: You are my Jury, published in Edinburgh by Birlinn.] It is now emerged that Mr Gauci was offered USD 2 million by the CIA in order to testify against Mr. Al-Meghrahi in 2001 after which Mr Gauci disappeared from Malta altogether. This important information was never shared with the defense lawyers at the time of the trial. Now that Mr Al-Meghrahi died and Colonel Gathafi gone before him does the world know the truth about hat fatal night of December 1988? Unfortunately not. We are back to square one despite the fall of the Gathafi regime and the availability of the entire archives of the Libyan state to anyone who wanted to read particularly after the total collapse of the government last September. I’m certain that most of the Libyan State archives are not in the hands of Western intelligence services since “revolutionary brigades” had little interest in reading. It’s horrific how the government building with important documents where looted in Tripoli and other cities! The only persons alive today who could shed some light on the case are Saif al-Isalam Gathafi who is jailed in Libya and Abdallah Sanusi the former head of the Libyan intelligence jailed in Mauritania. Another person who should know something is Mr Abuzed Dorda the former head of the Libyan espionage organization known as Aljamahyria’s External Security Establishment Mr Dorda’s trial opened last week in Libya. It is now appropriate to try to find out who destroyed the Pan Am Flight 103 24 years ago killing 270 innocent people. It is important not only for the victims’ families to find out the truth but also to the reconciliation process in Libya if a new stable and democratic country is to emerge. If the United Sates and the UK governments in particular seek justices it’s time to open the case again to try to find out what really happened over Lockerbie. Mustafa Fetouri is an independent Libyan academic and journalist. He won the EU’s Samir Kassir award for the best opinion article in 2010.

Ex-intel chief to Gaddafi wounded, raising more questions about handling of detainees

[This is the headline over a report published yesterday in the Checkpoint Washington section of The Washington Post website.  It reads in part:]

The former intelligence chief to Libyan leader Moammar Gaddafi was seriously injured Tuesday while in the custody of the National Transitional Council, fueling concerns about the treatment of loyalists to the deposed government.

The cause of Abuzed Omar Dorda’s injuries are disputed, but a relative of Dorda, a one-time UN envoy, has appealed to UN Secretary General Ban Ki-moon and the Security Council president to intercede with Libyan authorities to protect the former official, saying he had been the target of an assassination attempt by his jailers. The UN’s special representative to Libya, Ian Martin, has instructed his staff to look into the claim. 

“Mr Dorda survived a murder attempt last night, 25 October, 2011, at the hands of his guards in the building where he was arrested,” Adel Khalifa Dorda, a nephew and son-in-law of the Gaddafi loyalist, wrote on behalf of the Dorda family. “He was thrown off the second floor leading to several broken bones and other serious injuries.” 

The nephew said authorities were forced to move Dorda to a hospital in Tripoli, where “as of now he is being held under extremely poor conditions.” 

The militiaman in charge of the hospital on Thursday confirmed Dorda was injured but refused to allow a reporter to interview him. The militiaman, Sadiq Turki, gave varying accounts of how Dorda was injured, first saying he had tried to commit suicide by jumping out of a second-story window, then saying the former official had been trying to escape his detention facility. 

“He’s the one who gave orders to kill and rape in Tripoli,” Turki told a reporter at the Mitiga military hospital. He declined to allow a reporter to talk to Dorda, saying, “This is confidential.” (...)

[Surgeon, Faraj] Al-Farjani and another doctor, Yahia Moussa, said Dorda’s wounds weren’t life-threatening but were serious for a 71-year-old man. The doctors said they hadn’t been able to question Dorda about how he was injured. (...)

Dorda had long been a high-ranking official in Gaddafi’s government, playing a role during his years at the United Nations in negotiating the deal that ended UN sanctions on Libya imposed after the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, and paving the way to a financial payout to relatives of the victims. 

[Omar Dorda played a significant part in gaining and maintaining Libyan Government acceptance of and support for my neutral venue proposal for a Lockerbie trial and in resolving difficulties that arose (largely through the intransigence of the then US Secretary of State Madeleine Albright) after the United States and the United Kingdom eventually accepted the need for such a solution. Without his quiet diplomacy at the United Nations in New York, I doubt if a Lockerbie trial would ever have taken place.]

Libyan leaders may face UN arrest warrants for war crimes

[This is the headline over a report in today's edition of The Guardian. It reads in part:]

Senior Libyan officials face international arrest warrants for crimes against humanity, the United Nations security council will be told today.

Luis Moreno-Ocampo, chief prosecutor of the International Criminal Court, is to brief the council about crimes committed by Muammar Gaddafi's forces since the Libyan uprising began in mid-February.

Western diplomats say the move is intended to ratchet up international pressure on Tripoli. Ocampo revealed that up to five warrants are likely to be issued in the next few weeks with the approval of the ICC's pre-trial chamber.

No names have been disclosed. But Al-Arabiya TV reported that the warrants could include Gaddafi himself and his son, the discredited reformist Saif al-Islam, who has strong UK links. It said others being targeted include Libya's former foreign minister, Moussa Koussa, who defected to the UK, and Abu Zeyd Omar Dorda, director general of the Libyan External Security Organisation.

[Both Moussa Koussa and Omar Dorda were heavily involved in the international manoeuvrings that led to the Lockerbie trial at Camp Zeist. At the time, Dorda was Libyan Permanent Representative to the United Nations in New York and it was through him and the then UN Under-Secretary-General for Legal Affairs Hans Corell that problems arising from the terms of the August 1998 UK/US proposal for the Scottish Court in the Netherlands were ironed out. After the trial took place, Dorda played little part in Lockerbie affairs and, in particular, as far as I could see, had no role in the events leading up to Abdelbaset Megrahi's repatriation.

A report on the BBC News website can be read here.]