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The Scottish court in the Netherlands was a special sitting of the
High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cour ...
set up under Scots law in a former
United States Air Force The United States Air Force (USAF) is the Aerial warfare, air military branch, service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part ...
base, Camp Zeist in
Utrecht Utrecht ( , , ) is the fourth-largest city and a municipality of the Netherlands, capital and most populous city of the province of Utrecht. It is located in the eastern corner of the Randstad conurbation, in the very centre of mainland Net ...
, in the
Netherlands ) , anthem = ( en, "William of Nassau") , image_map = , map_caption = , subdivision_type = Sovereign state , subdivision_name = Kingdom of the Netherlands , established_title = Before independence , established_date = Spanish Netherl ...
, for the trial of two
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to the east, Suda ...
ns charged with 270 counts of murder in connection with the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988. A school on the former base was converted into a judicial court for the trial.


Neutral country

The court was established in a neutral country as part of a deal between Colonel Muammar Gaddafi of Libya and the British government, before Gaddafi would allow the
extradition Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdi ...
of the two accused.


Special jurisdiction on territory

Under a bilateral treaty between the United Kingdom and the Kingdom of the Netherlands, the premises of the court were, for the duration of the trial (law), trial and any subsequent appeal, under the authority and control of the court. Since the arrangement had been called for by United Nations Security Council Resolution 1192, it was given effect in Scots law by an Order-in-Council under the United Nations Act 1946. 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.


Verdict

The court convicted Abdelbaset al-Megrahi of 270 counts of murder in connection with the bombing on 31 January 2001. The second accused, Lamin Khalifah Fhimah, was acquittal, 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 14 March 2002. The site was then decommissioned and returned to the Dutch government. Megrahi served his sentence at Greenock (HM Prison), 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 28 June 2007 and granted Megrahi leave for a second appeal against conviction. Diagnosed with prostate cancer and with an estimated three- to six-month life expectancy, Release of Abdelbaset al-Megrahi, Megrahi was released from Greenock prison in August 2009 after serving eight years, through a decision on Compassionate release, compassionate grounds by the Scottish justice minister, Kenny MacAskill. He returned to Libya, where he died in May 2012.


See also

*Pan Am Flight 103 bombing trial *Hans Köchler's Lockerbie trial observer mission


References

{{coord, 52, 7, 28.87, N, 5, 16, 21.90, E, type:landmark, display=title 2000 establishments in the Netherlands 2001 disestablishments in the Netherlands 2000 in British law 2001 in British law 2000 in Scotland 2001 in Scotland Buildings and structures in Utrecht (province) Pan Am Flight 103 Scottish case law Courts of Scotland Scottish criminal law Defunct organisations based in Scotland High Court of Justiciary Netherlands–United Kingdom relations Netherlands–United States relations Libya–United Kingdom relations Libya–United States relations Libya–Netherlands relations United Kingdom–United States relations Zeist