Scottish Court in the Netherlands

Coordinates: 52°7′28.87″N 5°16′21.90″E / 52.1246861°N 5.2727500°E / 52.1246861; 5.2727500
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The Scottish court in the Netherlands was a special sitting of the High Court of Justiciary set up under Scots law in a former United States Air Force base, Camp Zeist in Utrecht, in the Netherlands, for the trial of two Libyans charged with 270 counts of murder in connection with the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on 21 December 1988.[1][2] A school on the former base was converted into a judicial court for the trial.[1]

Neutral country

The court was established in a neutral country as part of a deal between Colonel

British government, before Gaddafi would allow the extradition
of the two accused.

Special jurisdiction on territory

Under a bilateral

Order-in-Council under the United Nations Act 1946.[2] 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the Dutch authorities were banned from entering the premises and the court had the authority to enact regulations that superseded Dutch law when necessary for the execution of the trial,[4] and to jail people for contempt of court.[2][5] The court itself, as well as people involved in the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.[6]

Verdict

The court convicted

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, Megrahi was released from Greenock prison in August 2009 after serving eight years, through a decision on compassionate grounds by the Scottish justice minister, Kenny MacAskill.[7][8] He returned to Libya, where he died in May 2012.[9]

See also

References

  1. ^ a b "Uncertain future for Camp Zeist". BBC News. 14 March 2002. Retrieved 30 January 2011. The former military base at Camp Zeist in Holland has been under Scottish jurisdiction for more than three years. The base was converted into a prison and a courtroom to provide the venue for the Lockerbie trial – the largest and most expensive ever conducted under Scots law.
  2. ^ a b c Statutory Instrument 1998 No. 2251 The High Court of Justiciary (Proceedings in the Netherlands) (United Nations) Order 1998
  3. ^ Treaty concerning the trial (page 99)
  4. ^ articles 5 and 6
  5. ^ article 3 (3) d
  6. ^ articles 8–10, 14–17
  7. ISSN 0362-4331
    . Retrieved 24 August 2019.
  8. ISSN 0261-3077
    . Retrieved 24 August 2019.
  9. ^ "Lockerbie bomber Megrahi is dead". BBC. 20 May 2012. Retrieved 24 August 2019.

52°7′28.87″N 5°16′21.90″E / 52.1246861°N 5.2727500°E / 52.1246861; 5.2727500

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