Scottish Court in the Netherlands
Encyclopedia
The Scottish court in the Netherlands was the special High Court of Justiciary
set up under Scots law
in a former United States Air Force
base called Camp Zeist in Utrecht
, in the Netherlands
, for the trial of two Libya
ns charged with 270 counts of murder
in connection with the bombing of Pan Am Flight 103
over Lockerbie
, Scotland
, on December 21, 1988.
of Libya and the British government, before Gaddafi would allow the extradition
of the two accused.
between the United Kingdom
and the Netherlands
, the premises of the court were, for the duration of the trial
and any subsequent appeal
, under the authority and control of the court. Dutch law still theoretically applied to the area, but, barring an emergency, the Dutch authorities were banned from entering the premises and the Court had the authority to enact regulations that superseded Dutch law when necessary for the execution of the trial, and to jail people for contempt of court
. The court itself, as well as people involved in the trial (officials of the court, accused, witnesses, solicitors, etc.) also enjoyed total or partial immunity from Dutch law.
, was acquitted
. Megrahi's appeal
was also held at the court (the High Court of Justiciary is the highest court of appeal in the Scottish criminal justice
system), and was rejected on March 14, 2002. The site was then decommissioned and returned to the Dutch government. Megrahi served his sentence at Greenock prison
in Inverclyde
.
From September 2003, Megrahi's conviction was under review by the Scottish Criminal Cases Review Commission
, which reported its findings on June 28, 2007 and granted Megrahi leave for a second appeal against conviction.
Megrahi was released from HMP Greenock
on compassionate grounds by the Scottish justice minister (Kenny MacAskill
) on August 20, 2009, where he was returned to Libya.
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
set up under Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
in a former United States Air Force
United States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
base called Camp Zeist in Utrecht
Utrecht (province)
Utrecht is the smallest province of the Netherlands in terms of area, and is located in the centre of the country. It is bordered by the Eemmeer in the north, Gelderland in the east, the river Rhine in the south, South Holland in the west, and North Holland in the northwest...
, in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, for the trial of two Libya
Libya
Libya is an African country in the Maghreb region of North Africa bordered by the Mediterranean Sea to the north, Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
ns charged with 270 counts of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
in connection with the bombing of Pan Am Flight 103
Pan Am Flight 103
Pan Am Flight 103 was Pan American World Airways' third daily scheduled transatlantic flight from London Heathrow Airport to New York's John F. Kennedy International Airport...
over Lockerbie
Lockerbie
Lockerbie is a town in the Dumfries and Galloway region of south-western Scotland. It lies approximately from Glasgow, and from the English border. It had a population of 4,009 at the 2001 census...
, Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, on December 21, 1988.
Neutral country
The court was established in a neutral country as part of a deal between Colonel Muammar GaddafiMuammar al-Gaddafi
Muammar Muhammad Abu Minyar Gaddafi or "September 1942" 20 October 2011), commonly known as Muammar Gaddafi or Colonel Gaddafi, was the official ruler of the Libyan Arab Republic from 1969 to 1977 and then the "Brother Leader" of the Libyan Arab Jamahiriya from 1977 to 2011.He seized power in a...
of Libya and the British government, before Gaddafi would allow the extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of the two accused.
Special jurisdiction on territory
Under a bilateral treatyTreaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and the Netherlands
Kingdom of the Netherlands
The Kingdom of the Netherlands is a sovereign state and constitutional monarchy with territory in Western Europe and in the Caribbean. The four parts of the Kingdom—Aruba, Curaçao, the Netherlands, and Sint Maarten—are referred to as "countries", and participate on a basis of equality...
, the premises of the court were, for the duration of the trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
and any subsequent appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
, under the authority and control of the court. Dutch law still theoretically applied to the area, but, barring an emergency, the Dutch authorities were banned from entering the premises and the Court had the authority to enact regulations that superseded Dutch law when necessary for the execution of the trial, and to jail people for contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
. The court itself, as well as people involved in the trial (officials of the court, accused, witnesses, solicitors, etc.) also enjoyed total or partial immunity from Dutch law.
Verdict
The court convicted Abdelbaset al-Megrahi of murder on January 31, 2001. The second accused, Lamin Khalifah FhimahLamin Khalifah Fhimah
Lamin Khalifa Fhimah was a station manager for Libyan Arab Airlines at Luqa Airport, Malta. On 31 January 2001, he was found not guilty and acquitted of 270 counts of murder in the Pan Am Flight 103 bombing trial by a panel of three Scottish judges sitting in a special court at Camp Zeist,...
, was acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. Megrahi's appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
was also held at the court (the High Court of Justiciary is the highest court of appeal in the Scottish criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
system), and was rejected on March 14, 2002. The site was then decommissioned and returned to the Dutch government. Megrahi served his sentence at Greenock prison
Greenock
Greenock is a town and administrative centre in the Inverclyde council area in United Kingdom, and a former burgh within the historic county of Renfrewshire, located in the west central Lowlands of Scotland...
in Inverclyde
Inverclyde
Inverclyde is one of 32 council areas used for local government in Scotland. Together with the Renfrewshire and East Renfrewshire council areas, Inverclyde forms part of the historic county of Renfrewshire - which current exists as a registration county and lieutenancy area - located in the west...
.
From September 2003, Megrahi's conviction was under review by the Scottish Criminal Cases Review Commission
Scottish Criminal Cases Review Commission
The Scottish Criminal Cases Review Commission is a non-departmental public body in Scotland, established by the Criminal Procedure Act 1995 ....
, which reported its findings on June 28, 2007 and granted Megrahi leave for a second appeal against conviction.
Megrahi was released from HMP Greenock
Greenock
Greenock is a town and administrative centre in the Inverclyde council area in United Kingdom, and a former burgh within the historic county of Renfrewshire, located in the west central Lowlands of Scotland...
on compassionate grounds by the Scottish justice minister (Kenny MacAskill
Kenny MacAskill
Kenneth "Kenny" Wright MacAskill is the Scottish Government's Cabinet Secretary for Justice and Scottish National Party Member of the Scottish Parliament for Edinburgh Eastern, formerly Edinburgh East and Musselburgh since 2007...
) on August 20, 2009, where he was returned to Libya.
See also
- Pan Am Flight 103 bombing trialPan Am Flight 103 bombing trialThe Pan Am Flight 103 bombing trial began on 3 May 2000, 11 years, 4 months and 13 days after the destruction of Pan Am Flight 103 on 21 December 1988...
- Hans Köchler's Lockerbie trial observer missionHans Köchler's Lockerbie trial observer missionHans 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...