Libya foreign minister says free elections could be held

[This is the headline over a report published today on The Guardian website. Abdul Ati al-Obeidi was instrumental over the years in seeking a solution to the Lockerbie impasse and, latterly, in seeking repatriation of Abdelbaset Megrahi. From 1993 onwards (when I first became involved) he was chairman of the Libyan Government's Lockerbie committee. For a flavour of his involvement since 2007, type "Obeidi" into this blog's search facility. The article reads in part:]

Libya could hold free elections, supervised by the United Nations, within six months of the end of the conflict engulfing the country, its foreign minister has told The Guardian.

Abdul Ati al-Obeidi, who took over from Moussa Koussa after his defection from Libya last month, said the regime was prepared to consider an interim national government before elections could be held. A six-month period had been discussed, he said.

Obeidi said discussions about reform included "whether the Leader [Muammar Gaddafi] should stay and in what role, and whether he should retire". Gaddafi's future has become a pivotal issue between the regime and the opposition, which has demanded his departure.

Obeidi said: "Everything will be on the table."

The minister struck a notably conciliatory tone when speaking in his Tripoli office to The Guardian, the BBC, ITN and the Washington Post. Asked about how diplomatic efforts could bridge the gulf between the Libyan government and the opposition, he said: "It is not a case of it going our way or their way, it's a case of how we can sit together with our brothers."

The international community must accept that Libya's future should be for Libyans alone to decide. "The US, Britain and France – sometimes those countries contradict themselves. They talk about democracy but when it comes to Libya, they say he [Gaddafi] should leave. It should be up to the Libyan people. This should not be dictated from any other head of state. It is against the principle of democracy." (...)

Obeidi accused western countries of standing in the way of a peace deal along the lines of the AU's proposal. "What's stopping it? Britain, France and to a certain extent the US are stopping it by continuing bombardment, arming the other side and making them more defiant."

The AU plan includes an immediate ceasefire, the delivery of humanitarian aid, the protection of foreign nationals in Libya, and dialogue between Libyan parties on the establishment of a transition period towards political reform.

Obeidi insisted that the Libyan government was ready to negotiate a ceasefire, involving all parties including Nato and monitored by international observers. "If there is a real ceasefire and these bombs stop, we could have a real dialogue among Libyans. It cannot be done with what is going on now."

The Libya government had been accused of not being serious about a ceasefire, he said. "This is not true." But, he added, a ceasefire needed a "mutual understanding and a mediator".

If Nato stopped its air strikes, Libyans would be able to resolve their differences. "We are all Libyans, their [the rebels'] blood is Libyan." His conciliatory tone towards the opposition was in marked contrast to the belligerence shown by other government officials who routinely speak of the rebels as "armed gangs" and "terrorists".

But, he said, the UK and France were impeding progress towards a ceasefire by offering military assistance to the rebels. The Anglo-French agreement to send a team of military advisers to Benghazi would "prolong the confrontation, there is no doubt about that".

"The more the west gives arms, the more they will plant hatred. We do not want to be another Iraq or Somalia. The west could advise the other side to listen to common sense and study the peace initiatives."

A ceasefire, Obeidi said, was "the only way to give peace a chance. The situation for sure is not so bright now. But I think we can have a light at the end of the tunnel."

[In an article in The Telegraph headlined In Libya and London, we’re getting into a frightful mess, Con Coughlin says:]

It is certainly hard to divine any coherent thinking in its latest decision to send a team of British military advisers to assist the Libyan rebels. After all, Mr Cameron and all the other ministers, officials and officers who sit on the NSC [National Security Council] understand as well as anyone that one of the primary objectives of United Nations Security Council Resolution 1973, which authorised the establishment of a no-fly zone over Libya, was to persuade all the combatants to observe a ceasefire.

By sending British officers to Benghazi, the NSC risks undermining the very UN resolution that the Government, only a few weeks ago, fought so hard to secure. For these officers are not flying to Libya with the intention of arranging a ceasefire. They are going to turn the rebels into an effective fighting force that is capable of removing Gaddafi from power – which, of course, is what the Government really wants.

That is certainly how their arrival is being viewed by Gaddafi loyalists. Abdul Ati al-Obeidi, the Libyan foreign minister, yesterday said, with some justification, that Britain’s tangible display of support for the rebels would harm the prospects for peace in Libya. But, then, the NSC’s decision to undertake a marked escalation in Britain’s involvement in the Libyan conflict reflects the central paradox that lies at the heart of the Government’s approach. The UN resolution authorises military action to be undertaken to protect innocent civilians, with a view to establishing a lasting ceasefire. But from the outset, Mr Cameron, together with Nicolas Sarkozy and Barack Obama, has insisted that the ultimate objective is to bring about the overthrow of the Gaddafi regime. Consequently, the NSC is constantly having to weigh up the conflicting requirements of supporting the UN’s humanitarian mission with Downing Street’s more ambitious agenda.

Death announced of Abdul Ati al-Obeidi

I am deeply saddened to learn of the death at the age of 83 of Abdul Ati al-Obeidi, who held many offices in Libya during the Gaddafi era, including Prime Minister and Foreign Minister. From the time in November 1991 that the UK and the US brought charges against Libyan citizens in respect of the Lockerbie bombing, until the eventual compassionate release and repatriation of Abdelbaset Megrahi in August 2009, Obeidi was intimately involved in the Lockerbie case as chairman of the Libyan Government's Lockerbie committee. 

Over the years leading up to the voluntary surrender of Megrahi and Fhimah for trial in the Scottish Court in the Netherlands, and in the years following Megrahi's conviction, I had numerous meetings with Obeidi and invariably found him honest, trustworthy and transparent in all his dealings. He was always part of the solution, not part of the problem. I wish I could say the same about the British and American officials that I came in contact with over that period. But it would not be true.

Abdul Ati al-Obeidi has featured in many items posted on this blog. They can be accessed here.

Lockerbie bomber's release has strengthened ties with UK, says Libya

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

Libya's relations with Britain have been flourishing across the board since the controversy over the release of the Lockerbie bomber, one of Muammar Gaddafi's senior ministers said today.

Libya was "delighted" at Abdelbaset al-Megrahi's return home from a Scottish prison last August and still insists he is innocent of the murder of 270 people on Pan Am 103, said Abdel-Fatah Yunis al-Obeidi, the Libyan secretary general for public security. [Note by RB: The person being referred to is not Abdul Ati al-Obeidi, who led the Libyan team that had several meetings with Scottish (and UK) government officials in the run-up to Mr Megrahi's repatriation.]

Obeidi, whose rank is that of a cabinet minister, hinted that David Cameron's comment that Megrahi's release had been a "mistake" — fuelling the domestic and international row about the circumstances of the decision — was made under US pressure. In an exclusive interview on a visit to London, Obeidi said he was certain the former intelligence agent was innocent.

"Libya is delighted by his return and has always viewed him as a political hostage and never acknowledged him as a prisoner," he said. "Libya had no connection with the Lockerbie affair. The international community was led to believe that Libya was behind the incident but history will prove the truth. I am convinced that Megrahi was innocent and was a victim of a huge international conspiracy."

Libya agreed to pay billions of dollars in compensation to families of the victims because of demands from the UN, not because it admitted guilt over the worst act of terrorism in British history. It portrays Megrahi's release as a purely humanitarian issue involving a man suffering from terminal prostate cancer who supposedly had just weeks left to live.

"Megrahi is in the hands of God," said Obeidi. "He was in a Scottish prison. Those who made the three-month prognosis were British doctors. The fact that he is still alive is divine will and has nothing to do with Libya. If you have a direct line to Heaven you can check up there." (...)

"Relations are excellent and getting better every day," he said. "The problem before was the absence of trust. Now we have restored confidence and there is much greater cooperation."

Libyan officials do not normally relish discussing Lockerbie, wishing to draw a line under it after the payment of compensation, the restoration of diplomatic relations with the US and UK and a wider sense that the country has shed its pariah status as western companies, backed by their governments, queue up to do business. But Libya lobbied hard for Megrahi's release — finding a willing partner in the Labour government — and the only man convicted of the 1988 atrocity was escorted home personally by Saif al-Islam al-Gaddafi, the leader's son and presumed heir. During a recent lecture in London the younger Gaddafi responded monosyllabically to a question about Megrahi, focusing instead on the "new" Libya and opportunities it presented.

Libya does not expect any adverse effect on its booming relations with the UK. "The Libyans won't really care," predicted Oliver Miles, a former British ambassador to Tripoli "It's yesterday's problem. The worry now is Megrahi's state of health. There's no question of him being sent back to Scotland or of Libya having to pay any price. They will see it as Cameron being in the pocket of the Americans."

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.]

Blair, Gaddafi, Megrahi

What follows is an item originally posted on this blog on this date in 2009:

Tony Blair and Colonel Gadaffi discussed al-Megrahi

Tony Blair discussed with Colonel Gadaffi how best to “find a way through" for the jailed Lockerbie bomber Abdul Baset Ali al-Megrahi after BP formally signed an exploration deal in 2007, according to Libya’s Europe minister.

In an interview with The Sunday Times in Tripoli yesterday, Abdulati al-Obeidi, the minister, said that al-Megrahi had been on the agenda during Blair’s visit that year.

“They (Blair and Gadaffi) discussed possible ways on how legally to bring al-Megrahi to Libya, whether through British or international laws or the Scottish system,” the minister said.

“At that time they were merely exchanging ideas. The idea was discussed as a title. Everyone was looking for a relationship to continue and prosper into the future and to find a way out for Abdul Baset, but nothing was agreed." (...)

The minister, Libya’s longest-serving politican, going back since 1968, said he had been asked by his government to become involved in the negotiations over al-Megrahi’s release following the prisoner’s cancer diagnosis.

It was he who first conveyed Libya’s concerns to Bill Rammell, a Foreign Office minister at the time, about the possible consequences should al-Megrahi die in prison.

“I told Rammell and then (Ivan) Lewis, his successor, that al-Megrahi was very sick with cancer and that if he died in prison it would be disastrous in general, not just with regards to trade issues, but more importantly with public opinion, as people here and in the Middle East believed he was innocent, a hero.

“If he had died in prison they would also have believed that his illness was brought about intentionally and this would have been bad.”

He said he had conveyed the same message to Scottish officials.

It was then that Rammell had told him that neither Gordon Brown, the prime minister, nor David Miliband, the foreign secretary, wanted al-Megrahi to die in prison.

Legal experts were hired to explore ways in which to seek his freedom and they were made aware of possible release on compassionate grounds as well as under the Prisoner Transfer Agreement.

The minister said al-Megrahi had insisted on dropping his appeal against conviction for the Lockerbie bombing in order to give both options a better chance.

“He was a sick man, a dying man who wanted to return home, reunite with his family and see them before he died,” he said. Al-Megrahi had declared when he made his decision: “I want to die among my family.”

[The above are excerpts from an article in The Sunday Times.]

Further information about Abdul Ati al-Obeidi, a highly significant figure in the Lockerbie saga, is to be found in blogposts here. My take on the “deal in the desert” can be read here.

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.]

US intelligence may have bugged phones of Scottish ministers over Megrahi release

[An article by Ben Borland in today’s Scottish edition of the Sunday Express reads as follows:]

American spies may have bugged Alex Salmond's phone calls and emails during the furore surrounding the release of the Lockerbie bomber, it was claimed last night.

The US National Security Agency has been accused of monitoring the mobile phones of at least 35 "world leaders", including the German chancellor Angela Merkel.

On Friday, Prime Minister David Cameron was forced on the defensive at an EU summit that was overshadowed by claims of snooping by the NSA and Britain's GCHQ in Cheltenham.

Now two senior Lockerbie campaigners said they believe the Americans also targeted the Scottish Government, including the First Minister and Justice Secretary Kenny MacAskill, in 2009.

At the time, political leaders on both sides of the Atlantic were looking on anxiously as Mr MacAskill decided the fate of Abdelbaset Ali Mohmed al-Megrahi.

The Libyan, jailed for his part in the 1988 bombing of Pan Am Flight 103, had contracted terminal prostate cancer and was eventually sent back to Tripoli to die.

Despite the outraged reaction in Washington, sources close to Megrahi said the US Government appeared to have advance knowledge of Mr MacAskill's decision.

Professor Robert Black, the architect of Megrahi's trial under Scots Law, said: "From my own contacts with the Libyan regime, I was led to believe that although the Americans huffed and puffed about the release they were reconciled to it.

"I was led to understand that they knew in advance of the decision. [Former foreign minister Abdul Ati] Obeidi always told me he knew and the Americans knew, by one means or another.

"The question is whether Alex Salmond's phone was one of those with a 'flag' on it from the NSA - although I bet it wasn't until the Megrahi release.

"Now with the referendum coming up, and the future of Trident and Nato and all that sort of thing, I think it might still be flagged."

Professor Black is a founder of the Jusice For Megrahi (JFM) campaign, which is calling for a public inquiry into the conviction of the man who eventually died in 2012.

He added: "I have always had a suspicion that there was monitoring going on. When Jim [Swire] and I speak on the phone Jim will usually say 'Hi guys' to anybody who might be listening in.

"It's an assumption that those of us in JFM have always made. Although most of what we do ends up in the public domain, if there is anything sensitive we usually contact each other by snail mail."

Dr Swire, another JFM member whose daughter Flora was among the 270 people killed in the atrocity, said it was not "remotely difficult to believe" the Americans had bugged Scottish ministers.

He added: "There is no way of telling whether Kenny MacAskill or Alex Salmond have had their conversations bugged but personally I'm sure they have, whether it was by GCHQ at Cheltenham or by the Americans."

Dr Swire said he believes he has been under surveillance since the 1990s and once put the theory to the test by sending a fax containing false information to a trusted contact.

The information - which could not have come from any other source - appeared in the London Evening Standard newspaper the following day.

He said: "This indicated that my faxes in those days were being intercepted. Considering how much technology has advanced since then, I have no doubt that my emails and phone calls are actually monitored all the time."

Members of the so-called 'Five Eyes' alliance - the UK, the USA, Australia, New Zealand and Canada - have agreed not to spy on each other.

Both the Scottish Government and the White House press office declined to comment on the latest claims.

However, a spokesman for President Barack Obama was willing to guarantee the US has never targeted Mr Cameron - although they may have listened to his conversations with other world leaders who were under surveillance.

[I may add that it was the Sunday Express that approached Dr Swire and me with the suggestion of telephone interception, not vice versa.]

Libyan agreement to neutral venue trial confirmed

[What follows is an article headlined Lockerbie trial agreement published in The Herald on this date in 1998:]

The two men suspected of causing the Lockerbie bombing could soon be handed over for trial in a neutral country, reports claimed yesterday after Libyan leader Muammar Gaddafi met British representatives, writes Ron MacKenna.

Dr Jim Swire, whose daughter Flora was among the 270 who died in the disaster a decade ago, and Professor Robert Black, from Edinburgh University, had a 40-minute meeting with the Libyan leader in Tripoli on Monday. They said the talks were "of some substance" but refused to elaborate. However, Egypt's Middle East News Agency quoted Ibrahim el-Ghoweily [RB: normally anglicised as “Legwell”], a lawyer for the suspects, as saying the two sides had agreed "to hold the trial in a third country with a panel of judges headed by a Scottish judge and in light of Scottish law".

The talks indicate movement towards ending the seemingly intractable problems over having the two men accused of the outrage tried. Both Britain and the United States both want to try the men but Libya has so far refused to surrender them to either country, saying they will not get a fair trial. El-Ghoweily said Dr Swire and other representatives of British relatives will "work to convince" Britain and the United States "that the trial should be held in a third country".

Libyan officials have apparently indicated they are prepared to compromise, allowing a trial before an international panel headed by a Scottish judge. British relatives would prefer the trial to be held in Scotland but many have indicated they would agree to it being held in a neutral country, possibly the Netherlands. El-Ghoweily said both sides had agreed on Monday on "the importance of avoiding prejudiced jurors and any country in which the media or other factors would influence the trial", and wanted the hearing to take place "as soon as possible".

The British and American governments argue that the accused men should not be allowed to dictate conditions for their trial and they are concerned that there will be no jury.

[A press release issued at the end of the visit to Libya by Dr Swire and me between 18 and 20 April 1998 reads as follows:]

A meeting to discuss issues arising out of the Lockerbie bombing was held in the premises of the Libyan Foreign Office in Tripoli on the evening of Saturday 18 April 1998.  Present were Mr Abdul Ati Obeidi, Under-Secretary of the Libyan foreign Office; Mr Mohammed Belqassem Zuwiy, Secretary of Justice of Libya; Mr Abuzaid Omar Dorda, Permanent Representative of Libya to the United Nations; Dr Ibrahim Legwell, head of the defence team representing the two Libyan citizens suspected of the bombing; Dr Jim Swire, spokesman for the British relatives group UK Families-Flight 103; and Professor Robert Black QC, Professor of Scots Law in the University of Edinburgh and currently a visiting professor in the Faculty of Law of the University of Stellenbosch, South Africa.

At the meeting discussion focused upon the plan which had been formulated in January 1994 by Professor Black for the establishment of a court to try the suspects which would:

* operate under the criminal law and procedure of Scotland

* have in place of a jury an international panel of judges presided over by a senior Scottish judge

* sit not in Scotland but in a neutral country such as The Netherlands.

Among the issues discussed were possible methods of appointment of  the international panel of judges, and possible arrangements for the transfer of the suspects from Libya for trial and for ensuring their safety and security pending and during the trial.

Dr Legwell confirmed, as he had previously done in January 1994, that his clients agreed to stand trial before such a court if it were established.  The representatives of the Libyan Government stated, as they had done in 1994 and on numerous occasions since then, that they would welcome the setting up of such a court and that if it were instituted they would permit their two citizens to stand trial before it and would co-operate in facilitating arrangements for that purpose.

Dr Swire and Professor Black undertook to persist in their efforts to persuade the Government of the United Kingdom to join Libya in accepting this proposal.

On Sunday 19 April 1998, Professor Black met the South African ambassador to Libya and Tunisia, His Excellency Ebrahim M Saley, and discussed with him current developments regarding the Lockerbie bombing.  He also took the opportunity to inform the ambassador of how much President Mandela's comments on the Lockerbie affair at the time of the Commonwealth Heads of Government Meeting in October 1997 in Edinburgh had been appreciated.

On Monday 20 April, Dr Swire and Professor Black had a meeting a lasting some 40 minutes with the Leader of the Revolution, Muammar al-Qaddafi.  Also present were the Libyan Foreign Secretary, Mr Omar al-Montasser, and Mr Dorda.  The Leader was informed of the substance of the discussions held on Saturday 18 April, and expressed his full support for the conclusions reached.

Libya confirms support for proposed neutral venue trial

[On this date in 1998 Dr Jim Swire and I were in Libya. During our discussions in Cairo on 16 April 1998 at the headquarters of the Arab League, it was suggested that it would be useful for us to make a visit to Tripoli. This we did. What follows is from a press release issued following that visit:]

A meeting to discuss issues arising out of the Lockerbie bombing was held in the premises of the Libyan Foreign Office in Tripoli on the evening of Saturday 18 April 1998. Present were Mr Abdul Ati Obeidi, Under-Secretary of the Libyan Foreign Office; Mr Mohammed Belqassem Zuwiy [or Zwai], Secretary of Justice of Libya; Mr Abuzaid Omar Dorda, Permanent Representative of Libya to the United Nations; Dr Ibrahim Legwell, head of the defence team representing the two Libyan citizens suspected of the bombing; Dr Jim Swire, spokesman for the British relatives group UK Families-Flight 103; and Professor Robert Black QC, Professor of Scots Law in the University of Edinburgh and currently a visiting professor in the Faculty of Law of the University of Stellenbosch, South Africa.

At the meeting, discussion focused upon the plan which had been formulated in January 1994 by Professor Black for the establishment of a court to try the suspects which would: operate under the criminal law and procedure of Scotland; have in place of a jury an international panel of judges presided over by a senior Scottish judge; and, sit not in Scotland but in a neutral country such as The Netherlands.

Among the issues discussed were possible methods of appointment of the international panel of judges, and possible arrangements for the transfer of the suspects from Libya for trial and for ensuring their safety and security pending and during the trial.

Dr Legwell confirmed, as he had previously done in January 1994, that his clients agreed to stand trial before such a court if it were established. The representatives of the Libyan Government stated, as they had done in 1994 and on numerous occasions since then, that they would welcome the setting up of such a court and that if it were instituted they would permit their two citizens to stand trial before it and would co-operate in facilitating arrangements for that purpose.

Dr Swire and Prof Black undertook to persist in their efforts to persuade the Government of the United Kingdom to join Libya in accepting this proposal.

Parliamentary pressure to accept neutral venue trial

[On this date in 1998 Tam Dalyell MP secured his fourteenth adjournment debate on Lockerbie in the House of Commons. What follows is excerpted from his speech in that debate:]

Given the recent travels of Dr Jim Swire of the UK relatives group, accompanied by Professor Black, who had extensive meetings with the League of Arab States, the Organisation of African Unity, the Libyan leader and officials for the two accused, will the Government explain an almost total lack of willingness to communicate with the Libyan Government or to use some kind of communication to get out of the impasse?

I spoke last night to Robert Black, who is visiting Stellenbosch in South Africa. He said that the Libyan Government had stated previously that they would put “no obstacles in the way of their nationals going to trial”. The Libyan Government now say that they "positively welcome" their nationals going to trial in a third country. They have promised to

“facilitate those arrangements and to do everything to achieve that end”. I received a copy of a letter written today by Dr Swire to the Foreign Secretary—I have shown it to senior officials at the Foreign Office, and I apologise for the fact that I was not able to do so earlier. It states that present at the meetings were Mr Abdul Ati Obeidi, Secretary at the Foreign Office, Libya; Mr Zuwiy, Secretary of Justice, Libya; Mr Omar Dorda, the Libyan permanent representative at the United Nations; and, crucially, Dr Ibrahim Legwell, the lawyer representing the two Libyan suspects. The more important point is that they had an endorsing meeting with Colonel Gaddafi. Hitherto, it has been asked, "How do we know with what authority Libyan promises are made?" When the promise is made by Colonel Gaddafi himself, it is high time to accept Libya's assurances in good faith. (...)

Finally, I asked both Dr Swire and Professor Black, "Do you think in your heart of hearts that the Libyans did it or had anything to do with it?" Both replied separately and said, "In our heart of hearts, no, the Libyans were not involved." They are not naive people. That is also my view—and I do not think that I am being naive, either.

Gaddafi expresses support for neutral venue trial

[On this date in 1998 Dr Jim Swire and I had a meeting in Tripoli with Colonel Gaddafi. What follows is the text of a press release issued following our trip to Libya:]

A meeting to discuss issues arising out of the Lockerbie bombing was held in the premises of the Libyan Foreign Office in Tripoli on the evening of Saturday 18 April 1998.  Present were Mr Abdul Ati Obeidi, Under-Secretary of the Libyan foreign Office; Mr Mohammed Belqassem Zuwiy [Zwai], Secretary of Justice of Libya; Mr Abuzaid Omar Dorda, Permanent Representative of Libya to the United Nations; Dr Ibrahim Legwell, head of the defence team representing the two Libyan citizens suspected of the bombing; Dr Jim Swire, spokesman for the British relatives group UK Families-Flight 103; and Professor Robert Black QC, Professor of Scots Law in the University of Edinburgh and currently a visiting professor in the Faculty of Law of the University of Stellenbosch, South Africa.

At the meeting discussion focused upon the plan which had been formulated in January 1994 by Professor Black for the establishment of a court to try the suspects which would:

* operate under the criminal law and procedure of Scotland

* have in place of a jury an international panel of judges presided over by a senior Scottish judge

* sit not in Scotland but in a neutral country such as The Netherlands.

Among the issues discussed were possible methods of appointment of  the international panel of judges, and possible arrangements for the transfer of the suspects from Libya for trial and for ensuring their safety and security pending and during the trial.

Dr Legwell confirmed, as he had previously done in January 1994, that his clients agreed to stand trial before such a court if it were established.  The representatives of the Libyan Government stated, as they had done in 1994 and on numerous occasions since then, that they would welcome the setting up of such a court and that if it were instituted they would permit their two citizens to stand trial before it and would co-operate in facilitating arrangements for that purpose.

Dr Swire and Professor Black undertook to persist in their efforts to persuade the Government of the United Kingdom to join Libya in accepting this proposal.

On Sunday 19 April 1998, Professor Black met the South African ambassador to Libya and Tunisia, His Excellency Ebrahim M Saley, and discussed with him current developments regarding the Lockerbie bombing.  He also took the opportunity to inform the ambassador of how much President Mandela's comments on the Lockerbie affair at the time of the Commonwealth Heads of Government Meeting in October 1997 in Edinburgh had been appreciated.

On Monday 20 April, Dr Swire and Professor Black had a meeting a lasting some 40 minutes with the Leader of the Revolution, Muammar al-Qaddafi.  Also present were the Libyan Foreign Secretary, Mr Omar al-Montasser, and Mr Dorda.  The Leader was informed of the substance of the discussions held on Saturday 18 April, and expressed his full support for the conclusions reached.

Libyan newspaper report on Lockerbie compensation trial

[What follows is the text of a report published on the website of the Libya Herald:]

Libyan prosecutor says payout to Lockerbie victims “a waste of public money”

The trial of Mohamed Zway, the former secretary of the General People’s Congress, and Abdul-Ati Al-Obeidi, the secretary of the People’s Committee for Foreign Liaison and International Cooperation, opened in Tripoli on Monday.

The two, who have been held in  jail since they were arrested 14 months ago, are accused of poor performance of their duties while in office and of maladministration, specifically wasting of public funds in respect of the 1988 Lockerbie bombing. The prosecution claims that it was wrong to organise a compensation deal of $2.7 billion to the victims’ families in return for getting Libya removed from the list of the states that sponsor terrorism.The judge said that the deal “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 charges have surprised many observers as they imply that the two should have been more effective in serving the Qaddafi regime and that the Lockerbie deal should not have happened.

Both men denied the charges in court.

Their lawyer made several requests, the most important of which was a postponement of proceedings in order to give the defence time to examine all the documentary evidence. He also asked to see his clients in private and, pending a postponement, requested the court to release them on bail.

Bail was refused but the court permitted the lawyer to meet the defendents in private. It accepted the request to photocopy some of the evidence but none of the classified documents.

The trial was adjourned to 15 October 2012.

At a press conference on Sunday, former Justice Minister Mohamed Al-Alagy claimed that this trial and and those of other Qaddafi officials were “invalid” because the law was not being properly implemented.  He said that the prosecution was sidestepping due process whereby such cases must first go the Indictment Court to be processed.

[When I first met Mr Zway (or Zwai or al-Zwai) in 1994, he was himself Libya’s Minister of Justice.  He was one of the army officers who, with Muammar Gaddafi, mounted the 1969 coup against the king, Idris al-Senussi, and the only one still holding high office in the regime. Abdel Ati al-Obeidi was then Libyan ambassador to Morocco but subsequently held many other offices, including ambassador to Italy, Deputy Foreign Minister with responsibility for European relations, head of Gaddafi’s private office and Foreign Minister.  In all of these incarnations he remained as chairman of the Libyan Government committee on Lockerbie.]

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.]