Libya aborted plan to hand Gaddafi spy chief to US at last minute

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

Extradition of Abdullah al-Senussi over Lockerbie bombing would have closely followed that of Mohammed Abouagela Masud

The extradition to the US of Muammar Gaddafi’s most trusted and notorious aide was abruptly halted by Libya at the 11th hour this week for fear of public anger after the handover of another ex-senior Libyan intelligence operative, officials in Tripoli have told the Guardian.

Abdullah al-Senussi, a former intelligence chief and brother-in-law of Gaddafi, is blamed for a series of lethal bombings directed at western aviation as well as other targets.

The US want the 72-year-old, currently held in prison in Tripoli, to answer questions connected to the attack which brought down a US-bound aircraft over Lockerbie in Scotland in 1988. Senussi has long been suspected of masterminding the operation, which killed 270 people.

Earlier this month the US announced that another Libyan suspect in the Lockerbie bombing, Mohammed Abouagela Masud, was in its custody. Masud was taken from his Tripoli home by armed men on 17 November, held for two weeks by a militia and then handed over to US government agents in the port city of Misrata.

His family said he had been unlawfully abducted. In a statement on Tuesday, the US embassy in Libya said the process had been “lawful and conducted in cooperation with Libyan authorities”.

The handover of Masud has provoked outrage in Libya, putting the government of interim prime minister Abdul Hamid Dbeibeh under severe pressure and leading to the shelving of plans to transfer Senussi to US custody.

“The idea was to have Masud sent to the US first and then give them Senussi. There have been discussions for months about this. But then officials got worried,” said one Libyan official source with knowledge of the case. A second said Senussi was meant to be handed over at the weekend.

Known as “the butcher”, Senussi is being held in the Rawawa prison in Tripoli and is thought to be in ill health. He was sentenced to death in a mass trial that concluded in 2015.

Senussi was considered Gaddafi’s most trusted aide. (...)

The effort to secure the transfer of Masud and Senussi was launched under Donald Trump’s administration but has been revived over the last nine months through discussions between US officials and the Libyan government, the sources said.

In August an agreement about the transfer of Senussi and Masud was reached with Dbeibeh. Dbeibeh’s mandate expired last December and he has a clear incentive to win favour with the US, analysts say.

As Senussi is currently behind bars, a transfer by Libya to the US would have been administratively more straightforward than that of Masud, who was detained without a warrant by militia loyal to a commander accused of systematic human rights abuses.

“This is a completely different case,” said one Libyan official.

Senussi is also a widely reviled figure in Libya, and cannot be portrayed as a pawn simply following orders, as Masud has been by his supporters.

In the early 1980s, while Senussi ran Gaddafi’s internal security services, many opponents of the regime were killed in Libya and overseas. Libyans hold him responsible for the 1996 massacre of about 1,200 inmates at the Abu Salim prison while a court in France convicted him in absentia in 1999 for his role in the 1989 bombing of a passenger plane over Niger that killed 170 people.

Senussi, then head of Libya’s external security organisation, has long been accused of recruiting and managing Abdel-Baset al-Megrahi, the man convicted of the 1988 Lockerbie bombing. (...) [RB: In August 2011 The Wall Street Journal published a letter from Megrahi to Senussi that was found in the latter's archives after the fall of the Gaddafi regime. Megrahi wrote "I am an innocent man" and blamed his conviction on "fraudulent information that was relayed to investigators by Libyan collaborators".]

Successive Libyan governments insisted on prosecuting Senussi on home soil. The ICC decided in 2013 that as Libya had put Senussi on trial it would halt its own proceedings against him. The former intelligence chief was eventually condemned to death in July 2015 in a process that was severely criticised by human rights campaigners.

It is unclear if the transfer of Senussi to the US has been shelved indefinitely, or merely postponed.

Alia Brahimi, an expert on Libya with the Atlantic Council, said the case demonstrated a tension between the demands of the law and the demands of justice.

“Senussi is suspected of a great many crimes and the possibility that he might answer for one of them, an act of mass murder no less, is extraordinary,” Brahimi said. “Any transfer would generate enormous controversy, whatever the circumstances, as did that of Masud, and rightly so. But the lasting story will be about the long arm of American justice, and it will be heard around the world.

“Successive transitional governments [in Libya] have struggled to hold members of the old regime accountable in a transparent and ordered way, because of the chaos which has prevailed since the revolution but also because of the continuing power of regime interest groups.”

The family of Senussi and tribes still loyal to him have threatened unrest if he is transferred to the US.

Abdullah al-Senussi extradition unites Lockerbie relatives

[This is the headline over a report published this evening on the website of The Guardian.  It reads in part:]

The extradition to Libya of Muammar Gaddafi's spy chief Abdullah al-Senussi brought a rare moment of unity among Lockerbie relatives and campaigners normally deeply split on Libya's role in the bombing.

They agreed that Scottish police and prosecutors should make strenuous efforts to question Senussi about his links to or knowledge of the atrocity, which killed 270 people in December 1988. But they disagreed about why.

Susan Cohen, whose daughter Theodora, 20, was one of 35 Syracuse University students killed in the bombing, said it would be "excellent" if Scottish investigators succeeded in meeting Senussi. "I would thoroughly urge them to do so," she said.

In particular, Cohen said, Senussi could confirm the guilt of Abdelbaset al-Megrahi, the sole person convicted of the bombing, who died of cancer this summer. He could also implicate senior figures in the Gaddafi regime.

She said claims by Megrahi's supporters and other Lockerbie relatives that he was innocent and that the atrocity was committed by another state such as Syria or Iran were "goofball theories" without any evidence.

"My fear is that everybody would have put Lockerbie on the backburner and not pursue the case," she said. "I don't suspect there's some vast conspiracy and they're afraid of what might come out, but Gaddafi is dead and Megrahi is dead – it's easier to deal with the present and easier things, so they don't really want to do this.

"It's vital to interview Senussi. I would hope they will be interviewing others. I think it's extremely important that we know. We should know as much as we can and there may be other people [in Libya] who can be indicted – and if that is the case, we need to do that."

However, Jim Swire, a senior figure among the British bereaved families, is adamant that Megrahi was innocent. A leading member of the Justice for Megrahi campaign, which is discussing reopening Megrahi's appeal against his conviction with his surviving sons, Swire said there had been theories for some years linking Senussi to Lockerbie.

One allegation was that Senussi and Moussa Koussa, the Libyan former foreign minister, who fled Tripoli with the help of western agencies before Gaddafi's death, had taken control of several bombs built by a Palestinian terrorist group, PFLP-GC, that were missed in raids by German police.

Moussa Koussa agreed to be interviewed by Dumfries and Galloway police and Crown Office prosecutors early last year, but is thought to have offered very little new information about Lockerbie or Megrahi. Swire said he was sceptical about the theory, but added: "It's quite possible that Libya played a part in Lockerbie. It's very clear that Megrahi didn't.

"The two people from Gaddafi's regime who seem to be in the frame are Senussi and Moussa Koussa. Moussa Koussa clearly had a relationship with western intelligence because he was allowed to fly to Britain and then the Middle East, where he now lives the life of Reilly. [The] suspicion is that Senussi and Moussa Koussa may have set up the use of those devices for Lockerbie."

John Ashton, author of Megrahi's authorised biography, [Megrahi:] You are my Jury, said other sources believed Senussi was simply a security "enforcer" rather than a spymaster of Moussa Koussa's rank. "Megrahi never hid the fact that he was related to Senussi," Ashton said. "Although he never discussed Sennusi's alleged role in the bombing, he was convinced that Libya – and therefore Sennusi – was not responsible for it.

"Western intelligence sources and the US state department always claimed that Senussi was Megrahi's boss. If that's the case then the Scottish police should be moving heaven and earth to get to him. However, I take those claims with a huge pinch of salt, as the evidence against Megrahi is highly flawed. If the police do get to Senussi, they may well be very disappointed."

Lockerbie bombing inquiry: lawyer warns police over al-Senussi interview

[This is the headline over an article in yesterday’s edition of The Guardian.  It reads as follows:]

Interviewing potential suspect in Tripoli jail without lawyer would break precedent, Scotland's lord advocate told

The British lawyer for Libya's former intelligence chief, Abdullah al-Senussi, has called on Scottish police not to interview him as part of a new Lockerbie bombing inquiry without a lawyer being present.

Scottish detectives are due to interview Senussi, once the right-hand man of Muammar Gaddafi, hoping he can provide details of the bombing that killed 270 people in December 1988.

Last month Scotland's lord advocate, Frank Mulholland QC, visited Tripoli to arrange details of the visit after Libya dropped earlier objections.

But Ben Emmerson QC, appointed to represent Senussi by the international criminal court (ICC), said Libya has so far refused him permission to visit his client.

In a letter to Mulholland, Emmerson said detectives are in danger of breaking Scottish precedent if Senussi, a potential Lockerbie suspect, is interviewed in his Tripoli jail cell without a lawyer.

He wrote: "Mr Al-Senussi has been held incommunicado without access to legal advice in respect of any proceedings. I am certain that you would wish any interview to be conducted between Mr Al-Senussi and Scottish police officers to be scrupulously fair, putting its admissibility in subsequent proceedings beyond any doubt."

Scottish police are hoping Senussi, Gaddafi's spy chief for most of the dictator's 42-year-rule, can answer questions about the bombing of Pan Am flight 103 that have eluded investigators for quarter of a century.

A senior member of Emerson's legal team, Amal Alamuddin, said: "Any new inquiry into the events surrounding Lockerbie needs to be scrupulously fair, and this needs to start with Mr Senussi being given legal counsel during any interview with Scottish law officers."

Abdelbaset al-Megrahi, the only man convicted of the bombing, died in 2012 in Libya protesting his innocence.

Libya has appointed two officers to work with Scottish and American Lockerbie investigators, with the justice minister, Salah al-Marghani, saying: "We should know everything about what happened."

Senussi, indicted by the Hague for crimes against humanity, was captured in Mauritania after fleeing Libya after the 2011 Arab spring revolution. He was extradited to Libya and last year went on trial, amid tight security, accused of crimes committed during the revolution.

Emmerson, who represented the Wikileaks founder, Julian Assange, is also appealing against the ICC's decision in October that Libya could take the Senussi case, arguing that the country's turmoil raises doubts about its ability to hold a fair trial.

[Posted from Middelpos, Northern Cape, South Africa.]

Will Libya extradite ex-spy chief to US over Lockerbie?

[This is the headline over a report published yesterday on Voice of America's VOA Africa website. It reads in part:]

The recent handover of a former Libyan intelligence officer by the Tripoli-based government to the US for his alleged involvement in the 1988 Lockerbie bombing has sparked speculation that an ex-Libyan spy chief could be next.

Questions about the potential extradition of former Libyan spy chief Abdullah al-Senussi have been circulating after US authorities earlier this month announced Abu Agila Mohammad Mas'ud Kheir Al-Marimi, accused of making a bomb that killed 259 people aboard a Pan Am flight and 11 on the ground in Scotland, was in their custody.

The potential extradition of al-Senussi, currently serving time in Tripoli for his involvement in crimes committed under the Gaddafi regime, could lead to a trial for his alleged involvement in the Lockerbie bombing. This would mark a significant turning point in the long-standing investigation into the 1988 terrorist attack.

Al-Senussi's family has appealed to Prime Minister Abdul Hamid Dbeibah to release him.

"This is the final warning to the Libyan government: If Abdullah al-Senussi and his comrades are not freed, all viable resources in the south will be put to a halt," al-Senussi's son told local news on Monday.

Al-Senussi, who is also the brother-in-law of late Libyan leader Muammar Gaddafi, hails from al-Magarha, a tribe renowned for its ties with the former regime and its influence in southern Libya.

During a recent interview with Al Arabiya, a pan-Arab news channel, Dbeibah denied any intention of extraditing al-Senussi to the US.

"All of these are fabrications and media exaggeration," he said.

Political analyst Ibrahim Belgasem told VOA said that “Libyan law does not allow the extradition of Libyan citizens for trial in a foreign country,” adding that Libyan citizens “feel very sensitive about this case as they suffered years of sanctions and were isolated from the world.” (...)

In 1992, after Libya refused to extradite suspects al-Megrahi and Fhimah, the United Nations imposed an air travel and arms embargo on the country. This embargo was later broadened to include an asset freeze and a ban on the export of certain goods to Libya. (...)

In 1999, the Libyan government agreed to transfer the two suspects to the Netherlands for trial, following negotiations led by Nelson Mandela and the Saudi government with the US and UK.

In 2001, al-Megrahi was found guilty while Fhimah was acquitted and returned home.

In 2008, Libya reached an agreement with the US to establish a process for resolving claims by American citizens and companies against the Libyan government, thanks in part to the Libyan Claims Resolution Act (LCRA), a bill sponsored by then-Senator Joe Biden.

The LCRA was passed following the settlement reached between the Libyan government and the families of the victims, which included a payment of $2.7 billion.

Al-Megrahi, a former Libyan intelligence officer, was the sole individual to be convicted in connection with the Lockerbie bombing. Despite maintaining his innocence, he was sentenced to 27 years in prison and ultimately served only seven before being released on compassionate grounds due to terminal illness. He died in Libya in 2012.

In 2020, US Attorney General William Barr announced new charges against a former Libyan intelligence operative, Abu Agela Mas’ud Kheir Al-Marimi, for his role in building the bomb that killed 270 people.

Earlier this month, US law enforcement officials confirmed Al-Marimi was in custody for his alleged role in Pan Am Flight 103.

"The United States lawfully took custody of Abu Agila Mohammad Mas’ud Kheir Al-Marimi and brought him to the United States where he faces charges for his alleged involvement in the 1988 bombing of Pan Am Flight 103," the White House said in a statement on Dec 14.

Libya has no extradition agreement with the US and details about the handover remain unknown. (...)

It took the Libyan government three days to admit its role in the extradtion, causing hundreds of Libyans, including Al-Marimi's family, to protest condemning the prime minister.

Abdulmonem Al-Marimi, nephew and spokesperson of Masud’s family told The Associated Press that "everyone knows that this thing must be done according to Libyan laws, but unfortunately the government handed him over, bypassing all Libyan laws.”

"Our demand is from the Attorney General that we hope that he will take measures regarding the Prime Minister [Abdul Hamid Dbeibah], who admitted and said that he's the ones who extradited him,”Al-Marimi added.

If the possibility of extraditing al-Senussi to Washington arises, "there is concern that his supporters, who hold significant sway in sensitive areas of Libya such as the oil fields and water resources in the south, could cause unrest in the country," Belgasem said.

This concern is supported by the fact that al-Senussi's family has twice disrupted the water supply for over 2 million people in the city of Tripoli, once over the kidnapping of al-Senussi's daughter and the other when the family attempted to secure his release.

Political analyst Salah Al-Bakoush, however, told VOA that might not happen this time around and if it did, "General Khalifa Haftar controls the south, so the US could push him not to allow al-Sanussi's family to create any trouble in that region."

Al-Bakoush also said al-Senussi's extradition to Washington is "highly unlikely" at least until the public outrage over the extradition of Al-Marimi subsides.

Lockerbie suspect Abdullah Senussi in Tripoli hotel

[What follows is excerpted from a report published this morning on the website of The Herald:]

He is wanted in Scotland in connection with the biggest mass murder in our history.

He has a death sentence hanging over his head from his own country. And he has enemies who wish to see him buried.

Yet Abdullah al-Senussi, Libya’s one-time intelligence chief, former dictator Mummer Gaddafi’s “executioner” and the ultimate boss of the man known as the Lockerbie bomber is not in jail or hiding. He is, according to local reports, “holding court” in a four-star hotel in Tripoli, the 351-room Radisson Blu Mahari.

Mr Senussi is one of two men Scotland’s Crown Office want to speak to about Lockerbie. They do not doubt the conviction of Abdelbast Al-Megrahi (...)

They just don’t think Megrahi, who never admitted his guilt, acted alone.

The 1988 bombing of Pam Am Flight 103, prosecutors believe, was an operation of Libya’s intelligence system. Mr Senussi, who was married to Mr Gaddafi’s sister and a confidante of the murderous Libyan leader, was a core player in that regime network. Scottish prosecutors have made no secret they wish to speak to Mr Senussi and another operative, Mohammed Masud.

Both men were believed to be in a Tripoli prison, so Scottish authorities hoped to get hold of them, before any death penalty on Mr Senussi was carried out.

However, Libya now only exists on maps. The country has been ruled by strongmen and rival factions since the 2011 civil war which followed the fall and death of Mr Gaddafi. So prosecutors may wish to put Mr Senussi in the dock but that is, politically, logistically and diplomatically, difficult.

First, there is a queue. The International Criminal Court has indicted the 64-year-old for crime against humanity. Second, they have to figure out who to ask for Mr Senussi’s head. And that is not obvious.

The Libya Herald, an English-language news site, said Mr Senussi was taken to the Radisson last month after the prison where he was being held, the notorious Al-Hadba, changed hands after fighting in May. Mr Senussi is now thought to be under the control of the militia which captured the jail, Tripoli Revolutionaries’ Brigade of Hithaim Tajouri.

Senussi extradition could help Lockerbie inquiry

[This is the headline over a report in today’s edition of The Herald. The following is an excerpt:]

Lord Advocate Frank Mulholland travelled to Libya in April to meet Prime Minister Abdurrahim el-Keib and pave the way for the new Lockerbie inquiry, announced last autumn.

A statement from the Crown Office said: "We note the position in relation to the extradition of Senussi to Libya and we will continue to liaise with our colleagues in the Foreign and Commonwealth Office, as well as the Libyan authorities, to pursue all available lines of inquiry."

It would not be drawn on whether active steps were being made to interview Senussi, who has been accused of crimes against humanity – including murder and persecution – by the International Criminal Court.

[The Scotsman’s report contains the following:]

(...)  his trial may also make some feel uncomfortable – he may reveal the details of the rapprochement brokered during the famous “meeting in the desert” between Gaddafi and former prime minister Tony Blair in 2004, which saw international sanctions lifted.

Senussi will also have the answers to what part Abdulbaset Ali Mohmed al-Megrahi, who died in Tripoli earlier this year, played in the 1988 Lockerbie bombing – and will be able to answer questions about whether the deal to send Megrahi back to Libya was linked to concessions for British oil companies.

[The following are excerpts from the report in The Times (behind the paywall):]

Western diplomats said the Libyan Government would also face inquiries from Britain, the US and France over al-Senussi’s knowledge of international crimes linked to the Gaddafi regime.

These include the bombing of Pan Am Flight 174 over Lockerbie, the murder of WPC Yvonne Fletcher and the bombing of a French airliner over Niger in 1989 — for which al-Senussi was convicted in absentia by a French court. (...)

A British Foreign Office spokesman said last night: “There are a number of open UK police investigations in relation to the activities of the Gaddafi regime. The police will follow the evidence wherever it leads and we will continue to provide them what support we can. The Libyan authorities are in no doubt of the importance the UK attaches to seeing progress made on these investigations.”

[The report in The Independent contains the following:]

The French government has already sentenced Mr Senussi to life imprisonment after a case heard in absentia, involving the shooting down of a UTA airliner over Niger in 1989 in which 170 people were killed. It has also been claimed that he was involved in the destruction of the Pan Am flight over Lockerbie.

However, Libya became a staunch ally of the West against Islamists following the rapprochement with Gaddafi led by the US and UK, and Mr Senussi will have details of co-operation which could cause embarrassment on both sides of the Atlantic if aired publicly.

Abdul Hakim Belhaj, a former head of the Libyan Islamic Fighting Group, is currently suing the British Government and senior officials in this country over his rendition to Libya.

Earlier this year, US House Minority Leader Nancy Pelosi, who led a delegation to the region, said Washington had a "particular interest" in seeing Mr Senussi arrested "because of his role with the Lockerbie bombing".

There are, however, doubts over Libyan culpability in the attack, with strong feeling among many close to the case that Abdelbaset al-Megrahi was wrongly convicted of the bombing.

[A report in the Daily Telegraph can be read here.]

Gaddafi's spy chief may hold key to Lockerbie

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

'I do not say that he is not guilty, I just say that he should have a fair trial," said Anoud Senussi in an interview with The Sunday Herald about her father, Abdullah Senussi, Colonel Gaddafi's former intelligence chief and the alleged mastermind behind the 1988 Lockerbie bombing.

At the former Libyan leader's side until the final months of the 2011 civil war, Abdullah fled with his family to Mauritania. According to Anoud, her father was betrayed by the Mauritanian president, who lured him to an airport meeting. "He was taken on to a plane and a man, the new Libyan minister of finance, was sitting there with $200 million in a bag. As soon as my father was on board, the minister handed over the bag. It was a business deal."

Held in Libya, Senussi faces charges over the 1996 massacre of more than 1000 inmates and for war crimes allegedly committed during the civil war. The International Criminal Court has issued a warrant for his arrest on charges of crimes against humanity. Senussi's lawyers in London are seeking his transfer to the jurisdiction of the ICC, but their initial application, since appealed, was refused. (...)

As Libya's spy chief, Senussi is thought by many to have played a key role in the Lockerbie bombing. But while he was convicted in absentia by a French court for his role in the 1989 bombing of a UTA airliner, he has not been charged in connection with Lockerbie. Instead, in 2001, Scottish judges sitting in Holland sentenced Abdelbaset Ali Mohmed al-Megrahi, a Libyan spy, to life in prison in Scotland. Questions have been raised about the safety of the conviction, and whether he was handed over in part to divert attention from the true perpetrators.

On learning that Senussi had been flown to Libya, Scottish police hurried to Tripoli. It is not clear whether they interrogated him about Lockerbie but, in a statement to The Sunday Herald, Police Scotland did not rule out having spoken to him, and confirmed they had been to Libya in connection with Lockerbie. With Senussi held incommunicado, his London lawyers could not confirm whether Scottish police had questioned him.

According to Anoud, legal proceedings against her father are being influenced to prevent him reaching a public court, given what he must know as a former spy chief. "America, Britain, France - ask them why they do not let my father come to the ICC. They do not want him to speak." Without access to legal counsel, facing closed court in Libya and on a charge punishable by death, there is every chance Senussi will never be questioned in public about the Lockerbie bombing.

"There is no justice in Libya," said Anoud. "They will kill him in Libya. In the ICC, there is justice."

[First it was Moussa Koussa who was supposedly holding the key to Lockerbie. Now it’s Abdullah Senussi. I’d have thought that by now there was enough evidence in the public domain for even the dimmest journalist or police officer to realise that the key to Lockerbie most probably does not lie in Libya.]

What Megrahi told Senussi about Lockerbie

[This is the headline over an item published yesterday on John Ashton’s website Megrahi: You are my Jury. It reads as follows:]

As everyone who follows the Lockerbie knows, two new suspects have been named: alleged bomb-maker Abu Agila Mas’ud and former Libyan security chief Abdullah Senussi. In truth, neither name is new, both have been suspects for almost 25 years. (I mistakenly said in a BBC interview on 15 October that both were named in the indictment against Abdelbaset al-Megrahi and Lamin Fhimah, which was issued in November 1991. They were not. Rather Senussi was named in a US State Department fact sheet that accompanied the indictment and Scottish police statements show that Mas’ud became a suspect in early 1991.)

It seems that the Crown Office’s decision to announce that it is pursuing new suspects is a response to Ken Dornstein’s film My Brother’s Bomber, which has just been broadcast as a three-part series on PBS Frontline in the US.

I have written about the substantial flaws in the case against Mas’ud here and shall be writing more.

As far as I know, there is no significant new evidence to implicate Senussi. The case against him would appear to rest on the fact that he was one of Gaddafi’s most powerful thugs and was a friend and relative of Abdelbaset al-Megrahi’s. In view of the two men’s closeness, the private communications between them should be a focus for the Lockerbie investigation. I don’t know how much evidence of this survived the Libyan revolution, but one letter certainly did. It was reported by The Wall Street Journal on 30 August 2011, shortly after the fall of Tripoli, under the headline In Letter to Tripoli, Bomber States His Case. The salient extracts follow:

Convicted Lockerbie bomber Abdel Baset al-Megrahi maintained his innocence in the 1988 bombing of Pan Am Flight 103 throughout his trial and appeals—and did so in a private letter to Libya’s intelligence chief, discovered on Monday in intelligence headquarters in Tripoli.

“I am an innocent man,” Mr Megrahi wrote to Abdullah al-Senussi, a powerful official who was regarded as one of Col Moammar Gadhafi’s closest aides, in a letter found by The Wall Street Journal. The letter, in blue ink on a piece of ordinary binder paper, was apparently written while Mr. Megrahi was serving a life sentence in the UK…

The letter to Mr Senussi was found in a steel, four-drawer filing cabinet in the intelligence chief’s office in Tripoli. The cabinet had been forced open, apparently by rebels who shot holes in the lock. The office lay in shambles, but many of Mr Senussi’s personal papers appeared untouched. There was no way to immediately confirm the authenticity of the letter…

It is unclear why he would have had reason to profess his innocence to Mr Senussi, who was in a position to already know details about the bombing. It is possible that the inmate expected Scottish prison officials to read his letter before delivering it to the Libyan government.

Mr Megrahi insisted he was innocent throughout his original trial and subsequent appeals. Even after his conviction, mystery and unanswered questions about who else may have been involved have surrounded the case.

In the letter, addressed to “My dear brother Abdullah,” Mr Megrahi blamed his conviction on “fraudulent information that was relayed to investigators by Libyan collaborators.”

He blamed “the immoral British and American investigators” who he writes “knew there was foul play and irregularities in the investigation of the 1980s.”

He described in detail his latest legal maneuvering, focusing on the testimony by a Maltese clothes merchant that was critical to his conviction. The Maltese clothes merchant in question testified that Mr Megrahi had purchased clothes from him that were later found in the suitcase that contained the bomb that brought down Flight 103.

“You my brother know very well that they were making false claims against me and that I didn’t buy any clothes at all from any store owner in Malta,” Mr Megrahi wrote to Mr. Senussi.

Although the WSJ was unable to verify the authenticity of the letter, it was almost certainly genuine. It reflected what Megrahi told everyone who knew him and the idea that someone would have planted a fake is nonsensical. The speculation that Megrahi expected the prison authorities to read his mail is incorrect, as he was free to pass letters directly to his lawyers and the Libyan consular staff who regularly visited him.

Let’s hope the Lockerbie investigators have asked The Wall Street Journal’s reporters for a copy of the letter.  

Megrahi to Senussi: I am an innocent man

[What follows is a paragraph from the Wikipedia article Abdelbaset al-Megrahi:]

On 29 August 2011, a letter written by Megrahi was discovered by The Wall Street Journal at intelligence headquarters in Tripoli, Libya. In what was a private letter to Libya's intelligence chief not previously available to the public, Megrahi wrote "I am an innocent man," a letter apparently composed while he was serving a life sentence in Scotland, and written in blue ink on ordinary paper. The letter was found in a steel four-drawer filing cabinet that had been forced open by rebels who entered the office of intelligence chief Abdullah al-Senussi.

[The relevant article in The Wall Street Journal contains the following:]

Convicted Lockerbie bomber Abdel Baset al-Megrahi maintained his innocence in the 1988 bombing of Pan Am Flight 103 throughout his trial and appeals—and did so in a private letter to Libya's intelligence chief, discovered on Monday in intelligence headquarters in Tripoli.

"I am an innocent man," Mr Megrahi wrote to Abdullah al-Senussi, a powerful official who was regarded as one of Col Moammar Gadhafi's closest aides, in a letter found by The Wall Street Journal. The letter, in blue ink on a piece of ordinary binder paper, was apparently written while Mr Megrahi was serving a life sentence in the UK. (...)

The letter to Mr Senussi was found in a steel, four-drawer filing cabinet in the intelligence chief's office in Tripoli. The cabinet had been forced open, apparently by rebels who shot holes in the lock. The office lay in shambles, but many of Mr Senussi's personal papers appeared untouched. There was no way to immediately confirm the authenticity of the letter. (...)

Mr Megrahi was sentenced by a Scottish court to life imprisonment in 2001. In the letter to Mr Senussi, Mr Megrahi mentions that he had been jailed for seven years, suggesting it was written sometime in early 2008 or late 2007, in the run up to the second appeal of his conviction.

It is unclear why he would have had reason to profess his innocence to Mr Senussi, who was in a position to already know details about the bombing. (...)

Mr Megrahi insisted he was innocent throughout his original trial and subsequent appeals. Even after his conviction, mystery and unanswered questions about who else may have been involved have surrounded the case.

In the letter, addressed to "My dear brother Abdullah," Mr Megrahi blamed his conviction on "fraudulent information that was relayed to investigators by Libyan collaborators."

He blamed "the immoral British and American investigators" who he writes "knew there was foul play and irregularities in the investigation of the 1980s."

He described in detail his latest legal maneuvering, focusing on the testimony by a Maltese clothes merchant that was critical to his conviction. The Maltese clothes merchant in question testified that Mr Megrahi had purchased clothes from him that were later found in the suitcase that contained the bomb that brought down Flight 103.

"You my brother know very well that they were making false claims against me and that I didn't buy any clothes at all from any store owner in Malta," Mr Megrahi wrote to Mr Senussi.

Mr Megrahi also had a message for "our big brother," a likely reference to Col Gadhafi, "that our legal affairs are excellent and we now stand on very solid ground."

"Send my regards to our big brother and his family and by the will of God we will meet soon and we will be victorious," he wrote. "I only hope that the financial support will continue in the coming period," he added.

Mr Megrahi eventually dropped his appeal as a condition of his application for extradition to Libya.

Captured spy chief may hold key to Lockerbie

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


Former ambassador to Malta Saad Elshlmani tells Mark Micallef Libya’s transitional government has good reason to want Muammar Gaddafi’s former intelligence chief in captivity. He can unlock so many of the regime’s secrets.

Saad Elshlmani never came across as a Gaddafi man. Moderate and straight talking, he managed to build a reputation among Maltese politicians as a level-headed operator who could be truly trusted, even when he was forced to front the regime’s erratic stands. (...)

Like many young Benghazi students of his generation, he took part in the student protests of the 1970s, which provoked one of the most repressive reactions in the regime’s 42-year history. Hundreds of young protesters were arrested, many were tortured and some executed in high profile, sometimes televised hangings, which succeeded in terrorising large swathes of the Libyan population into submission for decades.

Unlike two other students in his group, who were hanged publicly in 1977, Dr Elshlmani ‘got away’ with spending a few weeks in detention in 1976 – during which he came face to face with the feared Abdallah al-Senussi, Libya’s former intelligence chief and Col Gaddafi’s right hand man, who was recently captured in Mauritania.

Libya has demanded 62-year-old al-Senussi be sent to Libya rather than the International Criminal Court, defying some international observers who argue the fledgling state already has too much on its plate to be dealing with such high profile and potentially divisive trials.

But Dr Elshlmani, now the spokesman for the transitional government’s Foreign Ministry, argues that the people making these statements may not be fully appreciating Libya’s position.

“Abdallah al-Senussi, perhaps even more than Saif, holds the key to so many of the regime’s secrets that it is vital for us to be able to speak to him. There are many stories of people who were killed or disappeared mysteriously on whom, probably, only al-Senussi can shed light at this point.”

He was Gaddafi’s conduit, Dr Eshlmani says, pointing out that the dictator would never give out orders directly but would always go through his intelligence chief. If Libya had any involvement in the Lockerbie bombing, for instance, al-Senussi would know, he points out.

Dr Elshlmani should know a thing or two about Lockerbie. In 2003 he formed part of a secret think tank which helped broker the historic deal with the US that prompted the lifting of sanctions on Libya.

The 1988 bombing of Pan Am flight 103 was perhaps the biggest hot potato in those talks, but Dr Elshlmani says he knows little more than the next person with a good grasp of the facts surrounding the tragedy.

“When I was Ambassador to Malta we had assisted the lawyers of (Abdelbasset) Al Megrahi as they prepared for the appeal. They were very confident that with new evidence they had in hand, particularly surrounding the testimony of the Maltese witness Tony Gauci, Al Megrahi’s conviction would be overturned. But I cannot say for certain if Gaddafi was involved or not. The person able to do that is al-Senussi.”

Despite the Maltese authorities’ insistence that the bomb never left from Luqa airport, the courts still decided to convict Mr Al Megrahi.

Without resorting to torture, Dr Elshlmani insists, the Libyans would be able to extract from Mr al-Senussi this information and other missing links in some of the darker happenings of the past 42 years

“It’s about asking the right questions. If I speak to al-Senussi about certain events in the 1970s, for instance, I would be able to extract information from him because he would not be able to lie to me... I would be able to take him back to the day we met and remind him what he told me,” he says. “The ICC would simply not be able to do this.”


[For the next week I shall be travelling around southern Namibia and will be able to trawl for Lockerbie-related material and post to this blog only intermittently. Internet cafes and wifi hotspots are thin upon the ground in the Nama Karoo.]