[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.]
A commentary on the case of Abdelbaset al-Megrahi, convicted of the murder of 270 people in the Pan Am 103 disaster.
Showing posts sorted by relevance for query Zwai. Sort by date Show all posts
Showing posts sorted by relevance for query Zwai. Sort by date Show all posts
Monday, 10 September 2012
Monday, 17 June 2013
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.]
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.]
Wednesday, 19 April 2017
Libyan acceptance of neutral venue trial reaffirmed
[What follows is an item headed Breaking of deadlock in Libya? posted on Safia Aoude’s The Pan Am 103 Crash Website and based largely on a report published by the Libyan Jana news agency on this date in 1998:]
Jim Swire held talks in Libya on Saturday with the justice minister about the trial for two suspects in the attack, Libya's official news agency reported on the 19th April. [Dr] Swire, and victims' legal adviser Robert Black met Justice Minister Mohammed Belgasim al-Zuwiy [more often anglicised as Zwai] after arriving in Tripoli.
They discussed suggestions by Swire and Black “concerning reaching ... a fair and just trial of the two suspects in a neutral country,” Libya's official news agency, JANA, reported. Swire and Black drove 215 miles from Tunisia to the Libyan capital Saturday, Swire's spokesman, David Ben-Ariyeh [Ben-Aryeah], said in London. Swire told Ben-Ariyeh he was grateful for the “efficient and warm welcome” they received.
Black and Swire held talks in Tripoli this week with [the suspects’ lawyer Ibrahim] Legwell and Libyan foreign affairs and justice officials. They also met Libyan leader Muammar Gaddafi in a bid to gain support for a trial plan formulated by Black. The most important meeting was held with the Libyan lawyer for Fhima and Megrahi in Tripoli, Dr Ibrahim Legwell.
Ibrahim Legwell said he told Scottish lawyer Robert Black and Jim Swire, that his two Libyan clients were ready to stand trial under Scottish law in a neutral country.
“We agreed on several basic points and details,” Legwell told Reuters in a telephone interview from the Libyan capital Tripoli. “I confirmed to them, as I have done previously, that my clients would stand for trial before such a court, which will be set not in Scotland nor the United States, but in a neutral country,” he added. “We also agreed that it would be established with an international panel of judges to be agreed upon and presided over by a senior Scottish judge. The court would operate under the criminal law and procedures of Scotland,” he added as well.
“We also are very concerned about how to ensure the safety, the security and the rights for our clients pending, during and after the trial,” he said.
Legwell said Libya's Justice Minister Mohamed Belgacem Zwai, Vice-Minister for Foreign Affairs Abdel Ati al-Obeidi, and Libya's representative at the UN, Abouzid Omar Dourda [Dorda], attended part of his meetings with Black and Swire when these issues were discussed.
Zwai said he expected a settlement of the dispute over where to hold the trial. “We expect we will reach a solution that satisfies all parties before the World Court issues its decision,” he told reporters in Cairo late Monday. Black and Swire also met Libyan Foreign Affairs Minister Omar Mustafa al-Montasser in Libya and then Gaddafi Monday at the end of their visit. The Libyan revolutionary leader had in the past said he would support whatever the suspects' lawyers accepted.
Black and Swire left Tripoli Monday for Cairo, where they were to submit their proposal and results of their talks in Tripoli to Arab League Secretary General Esmat Abdel Meguid and the Organisation of African Unity (OAU) chief, Salim Ahmed Salim, Legwell said. Zwai met Abdel-Meguid Tuesday, officials in Cairo said. Black and Swire also undertook to persist in their efforts to persuade the British government to join Libya in accepting the proposal, he added.
Legwell said the plan was that if Black's proposal was accepted by Britain, regional groupings such as the Arab League, the OAU and the European Union would submit to the Security Council a text approving the plan ahead of suspending the sanctions.
Jim Swire arrived in Cairo on the eve of the 21st April, and he told Reuters by phone, that Libya had agreed to surrender the two suspects to the Netherlands for trial. “I think the importance probably of what we've done is they (the Libyans) have renewed that undertaking and they have reinforced it,” he said. “This (proposal) was given the blessing of the leader subsequently,” Swire said of his 40-minute meeting with Gaddafi.
“The problem of course is, will the west set up the court that is required? I don't know what else the Libyan government can do to prove that they mean it when they say they would come.”
Tuesday, 30 June 2015
"I was not involved in the Lockerbie bombing in any way whatsoever"
[This is the headline over a report published in The Tripoli Post on this date in 2007. It reads as follows:]
Abdelbaset Ali Mohmed Al-Megrahi renewed his assertion that he is innocent after the Scottish Criminal Cases Review Commission (SCCRC) said he "may have suffered a miscarriage of justice" based on new evidence.
"I reiterate today what I have been saying since I was first indicted in 1991: I was not involved in the Lockerbie bombing in any way whatsoever," he said in a statement.
The SCCRC referred his case to the Appeal Court in Edinburgh, Scotland's highest court, which could eventually quash his conviction, throwing the case wide open and reviving speculation as to who was behind the bombing.
Megrahi, who applied for the SCCRC review, welcomed the panel's decision, saying through his lawyer that he "shall finally be recognised as an innocent man" once the entire legal process is completed.
Megrahi, now 55, was convicted by a trio of Scottish judges sitting in a special court in the Netherlands of blowing up Pan Am Flight 103 on December 21, 1988 by means of a bomb smuggled on board in a suitcase. He was jailed for a total of 27 years.
Megrahi added there was little he could say to relatives of the victims that risked sounding "insensitive" but said that "their cause is in no way served by the incarceration of an innocent man."
The SCCRC led a three-year international probe starting in 2004, interviewing 45 witnesses -- including Megrahi and Libyan co-accused Al Amin Khalifa Fhimah who was cleared -- during inquiries in Britain, Malta, Libya and Italy.
In a statement summarizing the 800-page review which was not published, the panel said it had identified six grounds where it believed "a miscarriage of justice may have occurred."
It found there was no "reasonable basis" for the original trial court's finding that various items of clothing linked to the bomb suitcase were bought from a shop in Malta on December 7, 1988. Although it had been proved that Megrahi had been in Malta several times that month, evidence at the trial was that December 7 was the only date on which he would have been able to buy the items.
Mohammed al-Zwai, a Libyan official dealing with the Lockerbie issue and former ambassador to Britain and current Libyan ambassador to Morocco, said in a statement: "The decision opens the door of hope regarding the innocence of Abdel Basset al-Megrahi ... This decision will have good consequences."
"This legal decision will have some positive effects on relations between Libya and the European Union," al-Zwai, told AFP. "There will be more flexibility over all the dossiers on hold between the EU and Libya," added Zwai. said the Scottish panel's decision "opens the door of hope for an acquittal".
A previous appeal by Al-Megrahi, who is being held in a jail near Glasgow, western Scotland, was thrown out in 2002.
Jim Swire, a doctor who lost his daughter Flora in the bombing, said the decision opened a "new chapter" in the nearly 19-year search for the truth for the victims' families.
Swire told BBC radio: "I went into that court in Holland thinking I was going to see the trial of those who were responsible for the murder of my daughter.
"I came out thinking he had been framed. I'm very much afraid that we saw steps taken to ensure that a politically-desired result was obtained."
[A long profile of Jim and Jane Swire was published in The Herald on the same date. It can be read here.]
Sunday, 21 October 2012
PanAm cash duo tried for treason
[This is the headline over a report in today’s Scottish edition of the Sunday Express. It reads in part:]
However, it is now alleged that former Secretary General Mohammed al-Zwai and one time Foreign Minister Abdulati al-Obeidi should not have approved the compensation as the new administration insists Libya was not responsible.
Prosecutors also claim the two men should not have negotiated the deal in return for the lifting of the “unjust” sanctions and insist they should have been demanding compensation instead.
Dr Jim Swire, whose daughter, Flora, was killed in the bombing, said Mr al-Zwai and Mr al-Obeidi were “two of the good people” under the then Libyan regime.
“I know both men and they would have inevitably been required to do what their boss told them, so they wouldn’t have had any choice,” he added. “I liked them both, they were two people we found it easy to talk to. Gaddafi wanted to get rid of the sanctions by paying the compensation.
“The accusers are still pursuing the intent of pinning as much blame as possible on the late Gaddafi’s regime. Any supposedly objective process of justice in Libya at the moment is very suspect.”
Frank Duggan, the President of the Victims of Pan Am 103 support group, added: “I don’t know why they want to resurrect the whole thing. And I don’t understand why they are saying the money shouldn’t have been paid out. The money was – as we say in the US – ‘chump change’, nothing to Gaddafi’s family.”
Gaddafi agreed to pay £6.25million to the families of each victim after Abdelbaset Ali Mohmed al-Megrahi was found guilty of the attack, which saw Pan Am Flight 103 blow up over the town of Lockerbie killing 270 people.
Robert Black, Professor of Scots Law at the University of Edinburgh, who has taken a keen interest in the case, described the recent revelations as “very odd”.
He said: “If this is what the current regime are charging these men with, it seems to indicate that they don’t believe that this money was in fact due.
“The view of the early new Libyan regime was that Gaddafi was responsible for everything, but now they seem to be saying, ‘Oh well, maybe not’.” (...)
Mr al-Zwai and Mr al-Obeidi pleaded not guilty but were denied bail. Speaking after the hearing, their defence lawyer said: “We hope that the trial will be a fair one.”
Regardless of the outcome of the ongoing case, legal experts on both sides of the Atlantic say even if the payments were deemed illegal in Libyan law the cash could not be reclaimed.
American lawyer James Kreidles [RB: presumably this should read “James Kreindler”] dismissed the court proceedings as having “absolutely no effect whatsoever” on the victims’ families.
He added: “It was an appropriate settlement. It was good for the families, good for the US and good for Libya.” [RB: it was also good for Kreindler & Kreindler whose contingency fees for representing the families amounted to many, many millions of dollars.]
The new Libyan regime has challenged Colonel Gaddafi’s decision to compensate the families of the Lockerbie bombing, claiming the £1.7billion was paid illegally.
Two officials who worked under the former leader have appeared in court accused of squandering public money and treason for their part in the deal.
The Libyans agreed to pay the reparations and accept responsibility for the 1988 attack in exchange for the lifting of United Nation sanctions. [RB: The full text of the Libyan regime’s “acceptance of responsibility” can be read in this letter.]
However, it is now alleged that former Secretary General Mohammed al-Zwai and one time Foreign Minister Abdulati al-Obeidi should not have approved the compensation as the new administration insists Libya was not responsible.
Prosecutors also claim the two men should not have negotiated the deal in return for the lifting of the “unjust” sanctions and insist they should have been demanding compensation instead.
Dr Jim Swire, whose daughter, Flora, was killed in the bombing, said Mr al-Zwai and Mr al-Obeidi were “two of the good people” under the then Libyan regime.
“I know both men and they would have inevitably been required to do what their boss told them, so they wouldn’t have had any choice,” he added. “I liked them both, they were two people we found it easy to talk to. Gaddafi wanted to get rid of the sanctions by paying the compensation.
“The accusers are still pursuing the intent of pinning as much blame as possible on the late Gaddafi’s regime. Any supposedly objective process of justice in Libya at the moment is very suspect.”
Frank Duggan, the President of the Victims of Pan Am 103 support group, added: “I don’t know why they want to resurrect the whole thing. And I don’t understand why they are saying the money shouldn’t have been paid out. The money was – as we say in the US – ‘chump change’, nothing to Gaddafi’s family.”
Gaddafi agreed to pay £6.25million to the families of each victim after Abdelbaset Ali Mohmed al-Megrahi was found guilty of the attack, which saw Pan Am Flight 103 blow up over the town of Lockerbie killing 270 people.
Robert Black, Professor of Scots Law at the University of Edinburgh, who has taken a keen interest in the case, described the recent revelations as “very odd”.
He said: “If this is what the current regime are charging these men with, it seems to indicate that they don’t believe that this money was in fact due.
“The view of the early new Libyan regime was that Gaddafi was responsible for everything, but now they seem to be saying, ‘Oh well, maybe not’.” (...)
Mr al-Zwai and Mr al-Obeidi pleaded not guilty but were denied bail. Speaking after the hearing, their defence lawyer said: “We hope that the trial will be a fair one.”
Regardless of the outcome of the ongoing case, legal experts on both sides of the Atlantic say even if the payments were deemed illegal in Libyan law the cash could not be reclaimed.
American lawyer James Kreidles [RB: presumably this should read “James Kreindler”] dismissed the court proceedings as having “absolutely no effect whatsoever” on the victims’ families.
He added: “It was an appropriate settlement. It was good for the families, good for the US and good for Libya.” [RB: it was also good for Kreindler & Kreindler whose contingency fees for representing the families amounted to many, many millions of dollars.]
Thursday, 21 March 2013
Further postponement of Lockerbie trial of Zwai and Obeidi
[The following report appeared on 19 March on the English language website of Libya TV:]
The Tripoli Court of Appeal have deferred prosecution of the former regime’s officials, Mohamed Abu Al-Quasim al-Zwai and Abdul Ati al-Obeidi until Monday 6th May.
The accused both face charges including of causing damage to public property, granting compensation to the families of the Lockerbie bombing victims, a total of US$2.7 billion.
The Head of Court called the adjournment to allow counsel for the accused of the defence submission, within 15 days of Monday’s meeting. [RB: I do not know what this means, but it may possibly refer to an opportunity being accorded to the defence to file a motion to dismiss the charges, something hinted at in some earlier reports.]
Relatives of both defendants attended the hearing, as did human rights experts, along with local and international media.
[Earlier items on this blog about the proceedings against Messrs Zwai and Obeidi can be found here.]
Monday, 6 May 2013
Libya delays Lockerbie verdict on Gaddafi ministers
[This is the headline over a report published today by the Agence France Presse news agency. It reads as follows:]
A Libyan court on Monday postponed its verdict in the case of two officials from ousted dictator Moamer Kadhafi's regime accused of "financial crimes" connected to compensation for the 1988 Lockerbie plane bombing.
Abdelati al-Obeidi, a former foreign minister, and Mohamed Belgassem al-Zwai, ex-speaker of parliament [RB: and ambassador in London], were accused of mismanaging public funds in compensating families of victims of the Lockerbie bombing, according to charges read by the judge.
The criminal court in Tripoli postponed the verdict until June 17 "to allow more time to study the file," the judge said.
At a hearing in September, the jailed pair pleaded not guilty to the charges. Their lawyer argued that they had not made any personal gain and had negotiated on behalf of the authorities.
The prosecution has said Obeidi and Zwai were responsible for negotiating settlements with the Lockerbie families and had paid out double the amount originally planned in return for Libya's removal from a US list of state sponsors of terrorism.
In 2003, the Kadhafi regime officially acknowledged responsibility for the bombing of Pan Am flight 103 that killed 270 people. [RB: No, Libya didn’t. Here is what it actually acknowledged.] Libya paid 2.7 billion dollars (2.1 billion euros) in compensation to victims' families.
[This blog’s coverage of the proceedings against Messrs Zwai and Obeidi who, in my assessment -- and I met them on many occasions --, were two of the good guys in the Gaddafi regime, can be found here. I am shocked at their appearance in a photograph (last in the series) on the BBC News website.]
A Libyan court on Monday postponed its verdict in the case of two officials from ousted dictator Moamer Kadhafi's regime accused of "financial crimes" connected to compensation for the 1988 Lockerbie plane bombing.
Abdelati al-Obeidi, a former foreign minister, and Mohamed Belgassem al-Zwai, ex-speaker of parliament [RB: and ambassador in London], were accused of mismanaging public funds in compensating families of victims of the Lockerbie bombing, according to charges read by the judge.
The criminal court in Tripoli postponed the verdict until June 17 "to allow more time to study the file," the judge said.
At a hearing in September, the jailed pair pleaded not guilty to the charges. Their lawyer argued that they had not made any personal gain and had negotiated on behalf of the authorities.
The prosecution has said Obeidi and Zwai were responsible for negotiating settlements with the Lockerbie families and had paid out double the amount originally planned in return for Libya's removal from a US list of state sponsors of terrorism.
In 2003, the Kadhafi regime officially acknowledged responsibility for the bombing of Pan Am flight 103 that killed 270 people. [RB: No, Libya didn’t. Here is what it actually acknowledged.] Libya paid 2.7 billion dollars (2.1 billion euros) in compensation to victims' families.
[This blog’s coverage of the proceedings against Messrs Zwai and Obeidi who, in my assessment -- and I met them on many occasions --, were two of the good guys in the Gaddafi regime, can be found here. I am shocked at their appearance in a photograph (last in the series) on the BBC News website.]
Sunday, 19 April 2015
"A fair and just trial ... in a neutral country"
[What follows is excerpted from an article on The Pan Am 103 Crash Website, which is itself based partly on a report from this date in 1998 by the Libyan news agency JANA:]
Jim Swire held talks in Libya on Saturday with the justice minister about the trial for two suspects in the attack, Libya's official news agency reported on the 19th April. J[im] Swire, and victims' legal adviser Robert Black met Justice Minister Mohammed Belqasim al-Zuwiy [or Zwai] after arriving in Tripoli.
They discussed suggestions by Swire and Black “concerning reaching ... a fair and just trial of the two suspects in a neutral country,” Libya's official news agency, JANA, reported. Swire and Black drove 215 miles from Tunisia to the Libyan capital Saturday, Swire's spokesman, David Ben-Aryeah, said in London. Swire told Ben-Aryeah he was grateful for the “efficient and warm welcome” they received.
Black and Swire held talks in Tripoli this week with Legwell and Libyan foreign affairs and justice officials.
The most important meeting was held with the Libyan lawyer for Fhima and Megrahi in Tripoli, Dr Ibrahim Legwell. Ibrahim Legwell said he told Scottish lawyer Robert Black and Jim Swire, that his two Libyan clients were ready to stand trial under Scottish law in a neutral country.
“We agreed on several basic points and details,” Legwell told Reuters in a telephone interview from the Libyan capital Tripoli. “I confirmed to them, as I have done previously, that my clients would stand for trial before such a court, which will be set not in Scotland nor the United States, but in a neutral country,” he added. “We also agreed that it would be established with an international panel of judges to be agreed upon and presided over by a senior Scottish judge. The court would operate under the criminal law and procedures of Scotland,” he added as well.
“We also are very concerned about how to ensure the safety, the security and the rights for our clients pending, during and after the trial,” he said. Legwell said Libya's Justice Minister Mohamed Belqasem Zwai, Vice-Minister for Foreign Affairs Abdel Ati al-Obeidi, and Libya's representative at the UN, Abouzid Omar Dorda, attended part of his meetings with Black and Swire when these issues were discussed.
Zwai said he expected a settlement of the dispute over where to hold the trial. ”We expect we will reach a solution that satisfies all parties before the World Court issues its decision,” he told reporters in Cairo late Monday.
Tuesday, 28 July 2015
Verdicts due in Tripoli trial of Gaddafi-era officials
Verdicts are expected today in the trial before a court in Tripoli of 37 Gaddafi-era officials. As well as Saif al-Islam Gaddafi, they include figures who played a significant part in the resolution of the Lockerbie impasse between Libya and the United Kingdom and United States, including Abdul Ati al-Obeidi, Mohammed Belqasim Zwai and Abuzed Omar Dorda. See Libya court to rule on Gaddafi's son Saif, former officials on July 28 and Court to rule on Gaddafi’s son in war-torn Libya.
BBC News reports that Saif and eight others have been sentenced to death: http://www.bbc.co.uk/news/world-africa-33688391. None of the reports so far available (11.40 am) mentions Obeidi, Zwai and Dorda.
BBC News reports that Saif and eight others have been sentenced to death: http://www.bbc.co.uk/news/world-africa-33688391. None of the reports so far available (11.40 am) mentions Obeidi, Zwai and Dorda.
Monday, 1 February 2016
Libya may compensate Lockerbie families
[This is the headline over a report published on the website of The Guardian on this date in 2001, the day after the conviction of Abdelbaset Megrahi and the acquittal of Lamin Fhimah. It reads as follows:]
The Libyan government is today considering compensation payments to the families of victims of the Lockerbie bombing, as a group representing the British families of those who died in the tragedy gathered in London to press for an independent public inquiry.
The Libyan ambassador to London, Mohammed al-Zwai, said today that his government will consider both compensation payments and agreements reached with the UN security council if Abdel Baset al-Megrahi's appeal against his conviction for the bombing fails. The security council agreements include the requirement that Libya offer compensation and accept responsibility for the bombing.
Megrahi, a Libyan citizen, was sentenced yesterday to life imprisonment for the murder of 270 people in the 1988 bomb attack on Pan Am flight 103. Scottish judges accepted that he was a special agent for the Libyan government, thereby implicating Tripoli in the attack. According to Libyan television reports, Megrahi will lodge an appeal against his conviction within 14 days.
Mr Zwai's comments seem to contradict statements out of Tripoli that the Libyan government bears no responsibility for the bombing. Libyan foreign minister Abdel Rahman Shalgam has insisted that Tripoli will never accept responsibility for the attack.
Colonel Muammar Gadafy's government has not been indicted in the bombing, but the Lockerbie blast was alleged to have been committed to "further the purposes" of Libyan intelligence. The prosecution has charged that the attack was carried out to avenge the US bombing of Tripoli and Benghazi in 1986.
Following the verdict, Libya called for an end to the UN sanctions imposed after the Lockerbie bombing.
"The sanctions imposed on Libya must be lifted completely because the Lockerbie case was used as a pretext to delay their lifting," foreign ministry spokesman Hassouna Chiouch told a news conference. "Now that the court has ended the case, the sanctions must be lifted completely."
The Libyan government is today considering compensation payments to the families of victims of the Lockerbie bombing, as a group representing the British families of those who died in the tragedy gathered in London to press for an independent public inquiry.
The Libyan ambassador to London, Mohammed al-Zwai, said today that his government will consider both compensation payments and agreements reached with the UN security council if Abdel Baset al-Megrahi's appeal against his conviction for the bombing fails. The security council agreements include the requirement that Libya offer compensation and accept responsibility for the bombing.
Megrahi, a Libyan citizen, was sentenced yesterday to life imprisonment for the murder of 270 people in the 1988 bomb attack on Pan Am flight 103. Scottish judges accepted that he was a special agent for the Libyan government, thereby implicating Tripoli in the attack. According to Libyan television reports, Megrahi will lodge an appeal against his conviction within 14 days.
Mr Zwai's comments seem to contradict statements out of Tripoli that the Libyan government bears no responsibility for the bombing. Libyan foreign minister Abdel Rahman Shalgam has insisted that Tripoli will never accept responsibility for the attack.
Colonel Muammar Gadafy's government has not been indicted in the bombing, but the Lockerbie blast was alleged to have been committed to "further the purposes" of Libyan intelligence. The prosecution has charged that the attack was carried out to avenge the US bombing of Tripoli and Benghazi in 1986.
Following the verdict, Libya called for an end to the UN sanctions imposed after the Lockerbie bombing.
"The sanctions imposed on Libya must be lifted completely because the Lockerbie case was used as a pretext to delay their lifting," foreign ministry spokesman Hassouna Chiouch told a news conference. "Now that the court has ended the case, the sanctions must be lifted completely."
"We extend our hand to the United States to build relations based on mutual respect and benefit for the two parties," Chiouch said. "Now that the Lockerbie case is behind, we look forward with interest to improving our relations with the United States in the interests of both countries and of peace worldwide."
Foreign secretary Robin Cook said Britain and the United States both agreed Libya "must" fulfil the UN security council resolutions before the sanctions will be lifted. Mr Cook stressed that Libya is barred from offering "no fault" compensation.
"Libya has in the past said it would pay compensation if there was a guilty verdict. There has been a guilty verdict, and a guilty verdict against a very senior official of Libyan intelligence," said Mr Cook.
"Libya can't walk away from their responsibility for the act of their official," he added.
In Washington, President George Bush praised the conviction and said the Libyan government must take responsibility for the attack. After less than two weeks in office, the Bush administration faces a major foreign policy decision on how hard to squeeze Libya.
State department spokesman Richard Boucher laid down four demands with which the United States said Libya must comply.
"That means revealing everything they know about the Lockerbie bombing, paying reparations, a clear declaration acknowledging responsibility for the actions of the Libyan officials and clear unambiguous actions which demonstrate the Libyan government understands its responsibilities," Mr Boucher said.
Meanwhile, the British families of those who died in the Lockerbie bombing are gathering in London today to press for further inquiries into the disaster. The group, which includes high profile campaigners Dr Jim Swire and the Rev John Mosey, will call for an independent public inquiry into unanswered questions surrounding the circumstances of the bombing.
The families have always maintained they want a public inquiry into issues not fully explored in the Fatal Accident Inquiry which was completed in 1991 or in the criminal trial which ended yesterday.
Most crucially, they want the failure of the intelligence services and the aviation authorities to stop the bomb getting on board to come under the spotlight.
Several bomb warnings were circulating at the time of the disaster including the so-called 'Toshiba warning' which advised that a bomb hidden inside a radio cassette recorder could be smuggled on to a plane. The bomb which blew up the Pan Am flight was hidden inside a Toshiba radio cassette recorder.
Previous calls for a public inquiry have been rejected on the grounds that such a move would prejudice the long-awaited criminal trial. Now that the trial is finally over, the families will argue that there are no grounds for rejecting a public inquiry.
Scotland's top law officer said today that insufficient evidence exists at this time for more prosecutions over the Lockerbie bombing. Colin Boyd QC, the Lord Advocate, added that it is clear that the man convicted yesterday for the outrage was not acting alone.
Following the announcement of the verdict yesterday, Al-Amin Khalifah Fhimah, Megrahi's co-accused who was acquitted, left the court at Camp Zeist, a former US military base in the Netherlands, a free man.
Taken to a safe house last night, he was expected to leave the Netherlands for home today. The time and place of his departure are closely guarded secrets. Megrahi remained in the specially built prison where he and Fhimah had been held since Tripoli handed them over in April 1999.
An official source said Megrahi's mother had been taken to a Tripoli hospital after collapsing, overwhelmed by news that her son had been jailed for life.
An appeal would be heard at Camp Zeist, except in the highly unlikely event Megrahi chose not to be present - in which case it would be held in the Scottish capital, Edinburgh.
And under the terms of the groundbreaking deal under which the Libyans were brought for trial, Megrahi stays at the camp until the entire legal process is complete.
Any appeal would take months to get under way, legal experts say. There is no automatic right of appeal in Scottish law, and that alone complicates and delays the process significantly.
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