Friday 10 June 2016

Fundamental principles were ignored

[What follows is the text of a report published on the website of The Guardian on this date in 2002 (and in the print edition of the newspaper the following day):]

The prison visitor arrived at Barlinnie mid-morning in a flurry of cars and police outriders. He bypassed the bleak waiting room with its metal benches and chipped linoleum and was led, without being searched, straight to a suite of cells deep within the grim Victorian fortress on Glasgow's eastern edge.

The inmate he had come to see greeted him with a handshake. They sat and talked for more than an hour. The statesman and the convicted mass killer: Nelson Mandela and the Lockerbie bomber.

For Mr Mandela, it was a defining experience. Emerging to talk to the press, the former South African president called immediately for a fresh appeal and for Abdel Baset al-Megrahi to be transferred from Britain to a Muslim prison. The Libyan's solitary confinement in Scotland's toughest jail was nothing short of "psychological persecution", he said. And too many questions had been raised about his conviction to let the matter rest. An urgent meeting would be sought with both Tony Blair and the US president, George Bush, to plead Megrahi's case.

Mr Mandela, 83, has long been troubled by Lockerbie. He played a crucial role in persuading the Libyan leader, Colonel Muammar Gadafy, to hand over the two men suspected of involvement in the 1988 atrocity which left 270 people dead, and has followed events closely. Last week he announced he intended to travel to Glasgow to check on Megrahi's welfare.

Megrahi faces 20 years in isolation in Barlinnie after his conviction at the Scottish court in the Netherlands. His co-defendant, Al-Amin Khalifah Fhimah, was acquitted. The Libyan, who does not have to slop out like other prisoners and has access to kitchen facilities and an interpreter, told Mr Mandela that staff treated him well but he had been taunted by other inmates when he exercised.

"Megrahi is all alone," Mr Mandela said afterwards. "He has nobody he can talk to. It is a psychological persecution that a man must stay for the length of his long sentence all alone. It would be fair if he transferred to a Muslim country - and there are Muslim countries which are trusted by the west. It will make it easier for his family to visit him if he is in a place like the kingdom of Morocco, Tunisia or Egypt.

"He says he is being treated well by the officials but when he takes exercise he has been harassed by a number of prisoners. He cannot identify them because they shout at him from their cells through the windows."

Composed and often jovial, Mr Mandela refused to say whether he believed Megrahi to be innocent or to criticise the Scottish judicial system directly. "My belief is irrelevant," he said.

But he listed criticisms of the judgment which led to Megrahi's jailing, including the views of a four-judge commission from the Organisation of African Unity: "This is what other legal men, other judges are saying of this judgment. They have criticised it ferociously and it will be a pity if no court reviews the case itself. From the point of view of fundamental principles of natural law, it would be fair if he is given a chance to appeal either to the privy council or the European court of human rights."

Earlier, Megrahi's lawyer, Eddie MacKechnie, said new information had come to light about an alleged payment of $11m by the government of Iran to the Popular Front for the Liberation of Palestine General Command two days after the bombing. "We have interviewed twice a former CIA officer who has given us details of the payment; times, dates, and bank accounts," he said. "My concern is not simply that there is evidence of such payment, but whether that information was available to any British authorities."

Megrahi's defence team is pursuing a hearing at the European court of human rights which will be launched in Strasbourg in September.

Back inside Barlinnie, Mr Mandela said he did not regret his efforts to bring Megrahi to trial. "No. Why should I regret?" he said. "I got involved in the Lockerbie trial because there was a deadlock. And I intervened because I was thinking first of the relatives of the victims, that they must see justice done - but justice done according to the fundamental principles of law. It does appear from what the judges have said that these fundamental principles were ignored."

But his continued involvement in the case has upset some of the relatives. Susan Cohen of New Jersey, who lost her daughter Theodora, said Mr Mandela's visit to Barlinnie was "an attempt to make Megrahi appear to be the victim".

Mr Mandela said he had hoped to meet the relatives during his visit but time had been too short: "I am coming back here in July and it is my intention to visit Scotland and speak to all the victims of Lockerbie."

It was not strange for him to visit a prison, he said. His own 27 years of incarceration had been leavened by access to other inmates and a full library.

"Our minds were occupied every day with something positive, something productive," he said. "It is difficult for me to believe that I was in jail for 27 years because it seems to have gone very fast."

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