Hans Köchler's Lockerbie trial observer mission

Add links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Phase4 (talk | contribs) at 14:40, 21 December 2007 (rv to earlier revision (178076470)). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

File:SCNL-Koechler.jpg
Pass valid for admission to the Scottish court at Camp Zeist, Netherlands (May 2000—March 2002)

Hans Köchler's Lockerbie trial observer mission stemmed from the dispute between the United Kingdom, the United States and Libya concerning arrangements for the trial of two Libyans accused of causing the explosion of Pan Am Flight 103 over Lockerbie on 21 December, 1988.

The dispute was resolved on the basis of legally-binding United Nations Security Council resolution 1192 of 27 August 1998.[1]

UN-nominated observers

UN Security Council resolution 1192 "welcomed" "the initiative for the trial of the two [Libyan] persons charged with the bombing of Pan Am flight 103 ... before a Scottish court sitting in the Netherlands" and "invited" the Secretary-General of the United Nations "to nominate international observers to attend the trial". By a letter dated 28 October 1997, the Permanent Representative of the United Kingdom had informed the Secretary-General "that the United Kingdom would welcome the presence of international observers from the United Nations at the trial of the suspects in the Lockerbie bombing".[2] At a UN press conference on 5 April 1999, Secretary-General Kofi Annan, in reply to a journalist's question, said: "Well, there are provisions for international observers, and this is something that we will need to work out. There have been suggestions that there could be international observers from various organizations, from the Arab League, from the OAU, from NAM and all that. But we are going to coordinate that and make sure that there is an effective international presence during the trial, to monitor ... "[3]

In a letter dated 25 April 2000, addressed to the President of the Security Council, Secretary-General Kofi Annan nominated five international observers, one each from the European Union, the League of Arab States, and jointly from the Organization of African Unity and the Non-aligned Movement, and two from the International Progress Organization, a Vienna-based NGO in consultative status with the United Nations, among them the organization’s President, Hans Köchler, Professor at the University of Innsbruck, Austria.[4]

Reports on the trial and appeal

Hans Köchler was the only international observer to submit comprehensive reports on the Lockerbie trial and appeal proceedings to the Secretary-General of the United Nations who, in turn, forwarded them to the Registrar of the Scottish Court in the Netherlands.

Köchler’s reports were highly critical of the proceedings and challenged the fairness and impartiality of the High Court of Justiciary. Their publication triggered a large-scale international debate, including in the British House of Commons,[5] about the politicization of criminal trials in the context of power politics. Köchler had characterized the initial trial verdict of 31 January 2001 (which had led to the acquittal of one of the two accused Libyans) as "inconsistent" and "arbitrary". On the day of the announcement of the appeal verdict (14 March 2002) he described the dismissal of the convicted Libyan national’s appeal as a "spectacular miscarriage of justice".[6]

Independent Inquiry

Upon publication on 28 June, 2007 of a summary of a report by the Scottish Criminal Cases Review Commission, which took four years to review Abdelbaset Ali Mohmed Al Megrahi's case and granted him leave for a second appeal against conviction, Köchler issued a statement in which he expressed surprise at the Commission's focus and apparent bias in favour of the judicial establishment in Scotland:

"In giving exoneration to the police, prosecutors and forensic staff, I think they show their lack of independence. No officials to be blamed: simply a Maltese shopkeeper."[7]

He called for the full report of the SCCRC to be published, for a full and independent public inquiry into the Lockerbie bombing case and for the proceedings of the Court of Criminal Appeal to be witnessed by international observers.[8]

On 4 July 2007, Köchler wrote to Scottish first minister, Alex Salmond, British foreign secretary, David Miliband, home secretary, Jacqui Smith and minister for Africa, Asia and the UN, Mark Malloch Brown, reiterating his call for a public inquiry into the Lockerbie case and insisting that UN-appointed legal experts (from countries other than the UK, US and Libya) should be involved in such an inquiry.[9]

United Nations Inquiry

In October 2007, former British diplomat Patrick Haseldine submitted this e-petition to prime minister Gordon Brown:

"We the undersigned petition the Prime Minister to support calls for a United Nations Inquiry into the death of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing.
"Dr Hans Köchler, UN observer at the Pan Am Flight 103 bombing trial, has described Mr al-Megrahi's conviction as a 'spectacular miscarriage of justice'. If, as now seems inevitable, the Libyan's conviction is overturned on appeal, Libya will be exonerated and a new investigation is going to be required.
"Apartheid South Africa is the prime alternative suspect for the Lockerbie bombing - see South Africa luggage swap theory.
"We understand that, when Libya takes its seat at the UN Security Council in January 2008, there will be calls for an immediate United Nations Inquiry into the death of UN Commissioner for Namibia, Bernt Carlsson, in the 1988 Lockerbie bombing. The other 14 UNSC members — including Britain — should support such an Inquiry and nominate Dr Köchler to conduct it."

Professor Robert Black and Iain McKie (father of Shirley McKie) were the first to sign the petition, closely followed by UK Families Flight 103 spokesman Dr Jim Swire. It is open for signature until December 29, 2007.[10]

Wide-ranging debate

Köchler’s reports as UN-appointed international observer of one of the most controversial criminal trials in British history have led to a global debate on the role of NGO observers in the context of international criminal justice.[11] [12]

Through his novel and pro-active interpretation of his assignment as UN-appointed "international observer"[13] he has effectively redefined the role of observers in the context of international criminal justice. His reports have been published as landmark documents of international law in collections such as that of the Peace Palace Library of the International Court of Justice.

His experience as observer of the Lockerbie trial led him to write the book Global Justice or Global Revenge? (2003) in which he describes the challenges faced by international criminal justice under the conditions of power politics and draws general conclusions in terms of the doctrine of international law.

References

  1. ^ Text of UNSCR 1192 of 1998
  2. ^ UN Press Release of 30 October 1997, SG/SM/6372
  3. ^ UN Press Release of 5 April 1999, SG/SM/6944
  4. ^ Nomination of international observers
  5. ^ House of Commons debate
  6. ^ UN monitor decries Lockerbie judgement
  7. ^ This could open a can of worms for the entire Scottish justice system Glasgow Herald 28 June 2007
  8. ^ Statement of 29 June 2007
  9. ^ Call for "full and independent public inquiry into the Lockerbie case"
  10. ^ UK Call for United Nations Inquiry into 1988 Lockerbie bombing
  11. ^ See, inter alia, Richard J. Rogers, "The Importance of Monitoring the Trials at the Extraordinary Chambers [of Cambodia]
  12. ^ See also "The Role of Fair Trial Observers" in: M. P. Scharf, "Errors and Missteps: Key Lessons the Iraqi Special Tribunal Can Learn from the ICTY, ICTR, and SCSL," Case Research Paper Series in Legal Studies, Case School of Law, Sept. 2005, pp. 24ff
  13. ^ Statement of 9 June 2001

IPO documents

United Nations documents

Selected media articles

Köchler's publications on Lockerbie

External links

See also

Retrieved from "https://en.wikipedia.org/w/index.php?title=Hans_Köchler%27s_Lockerbie_trial_observer_mission&oldid=179394608"