Call for Libyan in Lockerbie case to serve time in Malta

A Libyan national in a Scottish jail may eventually end up serving the remainder of his sentence in Malta if a proposal by Labour MEP John Attard Montalto is accepted by the European Parliament.

Dr Attard Montalto yesterday urged the European Parliament to clarify certain concepts in a draft law on the transfer of sentenced persons between member states of the EU. The Bill is currently being discussed in the European Parliament. If the proposals are adopted, Abdelbaset ali Mohmed al-Megrahi may be able to spend the rest of his sentence in Malta.

Mr al-Megrahi was found guilty on 270 counts of murder for his part in the bombing of Pan Am Flight 103 over Lockerbie, Scotland on December 21, 1988. The former head of security of Libyan Arab Airlines, was sentenced to life imprisonment by a panel of Scottish judges sitting in a special court at Camp Zeist, in the Netherlands, on January 31, 2001. His co-accused, Al Amin Khalifa Fhimah, was acquitted. Mr al-Megrahi lost his appeal on March 14, 2002, also at Camp Zeist, The Netherlands.

The European Parliament is currently discussing a Bill drafted by the European Commission on the transfer of prisoners between EU member states.

Speaking at the European Parliament in Strasbourg yesterday during the debate on the Bill, entitled Intervention On European Enforcement Order And The Transfer Of Sentenced Persons Between Member States Of The EU, Dr Attard Montalto argued that under the March 1983 Council of Europe Convention on the Transfer of Sentenced Persons, which has been ratified by all member states, sentenced persons may be transferred to serve the balance of their sentence under three conditions: that they would be transferred to their state of nationality; that the transfer takes place with their own consent and with the consent of the states involved.

"The Commission's initiative differs by providing member states with a fast-track mechanism for the recognition and enforcement of prison sentences imposed on a person by a court of another member state. But the person sentenced has to be a national, where he is legally resident, or has close links with the state where he is to serve the remaining part of the sentence.

"There is clearly a need to make the criteria distinct, in the sense that the person is either a national or had permanent residence or has other close links with the receiving country. There is also a need for a clarification of the term 'with which the person has other close links'," Dr Attard Montalto said.

The MEP said he was making such comments in view of a particular case where the transfer of a sentenced person "would be recommendable for humanitarian reasons of that person's family.

"Recently I was approached to evaluate the possibility of whether Abdelbaset ali Mohmed al-Megrahi, who is serving his sentence in Scotland for the Lockerbie tragedy, could serve his sentence in Malta. Taking this scenario, this would only be possible if the criteria were distinct and if the term 'other close links' is given a wide interpretation," Dr Attard Montalto said.

Mr al-Megrahi is serving his sentence in Greenock prison, near Glasgow.

Asked why Malta should accept to receive such a high-profile individual in custody given the inherent risks, Dr Attard Montalto said the circumstances of this case were almost unique as Malta would be receiving a prisoner on the specific request of a state that has already paid compensation to the families of the victims.

"Consequently, the circumstances of this case are completely different to all other cases involving detained persons convicted of analogous crimes. Also, if we are to enhance our relations with Libya, this is definitely a proposal which should be given due importance in view of the various bilateral issues that need to be addressed in earnest such as irregular immigration and oil exploration," Dr Attard Montalto said.

Mr al-Megrahi's family had a lot of problems and had to travel to Scotland to visit him, and having him in Malta would make life a little bit easier for his relatives too, he added.

Mr al-Megrahi is married and has four sons and a daughter.