RESTRICTED ~ ADVICE TO MINISTERS. Libyan Government Note of meeting: Monday 6 July 2009, 14am Attendees: Cabinet Secretary for Justice Robert Gordon, DG Justice and Communities George Burgess, Deputy Director, Criminal Law and Licensing Linda Miller, Criminal Law and Licensing Linda Hamilton, PS / Cabinet Secretary Mr Abdulati Alobidi, Minister for Europe Mr Omar Jelban, Chargé d’Affaires, London Mr Azzam Eddeeb, Judge Mr Ismail, the Qaddafi, International Charity and Development Foundation Mr Abdurahman Swessi, Libyan Consul General in Glasgow Mr Emhmed Almarene, Interpreter 1. Mr MacAskill thanked Mr Alobidi and his delegation for coming to Edinburgh to meet with him. He explained that as part of his process of considering the application for transfer, submitted under the terms of the Prisoner Transfer ‘Agreement (PTA), he was listening to relevant representations. Mr MacAskill indiciated that he had spoken with the US Attorney General and with representatives from families of victims from the UK and would be having a video conference with families of victims from the US later in the week. In addition, Mr Al-Megrahi would be offered the opportunity to make his representations. Mr MacAskill stressed that he is listening to representations and could not give any indication as to his decision, as he would not be making a decision until he had heard and considered all representations. 2. _ Mr Alobidi thanked Mr MacAskill for the opportunity to present their views. Mr Alobidi spoke of the respect that the Libyan Government has always had for the Scottish judicial system they had followed all procedures and process as directed by Scots law. Mr Alobidi spoke of the Libyan Government's co-operation throughout the trial, and following the process of appeal and review by the Scottish Criminal Cases Review Commission (SCCRC). He spoke of the compensation that the Libyan Government paid to the families of victims. 3. Mr Alobidi spoke of Mr Al-Megrahi's diagnosis of prostate cancer in September 2008, and of Mr Al-Megrahi’s application to the Court for interim liberation, which was rejected in November 2008, 4, Mr Alobidi confirmed that it was based on this humanitarian aspect that they submitted their application for transfer of Mr Al-Megrahi to Libya under the terms of the PTA. Mr Alobidi stated that he has a signed undertaking from Mr Al- Megrahi that, if he were to be granted transfer, he would abandon his appeal. "1RESTRICTED — ADVICE TO MINISTERS 5. Mr Alobidi noted that they had responded promptly to the questions from the Scottish Government on their application and assured Mr MacAskil that the Libyan Government would undertake all commitments within the PTA. 6. Mr Alobidi commented on the past agreement about place of sentence and said that this was now not relevant due to the agreement of the PTA. 7. Mr Alobidi continued that they had submitted their application at this point as doctors were of the opinion that Mr Al-Megrahi had only a few months remaining, and he asked for a decision as soon as possible. 8. Mr MacAskill responded that the ill health of Mr Al-Megrahi was not in dispute. He gave an assurance that, for as long as he is in the care of the Scottish Prison Service, he would receive the best medical treatment but he accepted that an exact prognosis is beyond medical science and that mental well-being can affect prognosis. 9. Mr MacAskill went on to discuss the PTA and asked the Libyan Government if their understanding, at the time of negotiations prior to the trial in the Netherlands, was that if the accused were found guilty that they would serve their sentence in Scotland. 10. Mr Alobidi explained that at that time the US would not talk with Libya and so all negotiations were between the UK and Libya. Mr Edeeb confirmed that he was part of the Libyan team during negotiations and that they had originally requested the accused, if found guilty, to serve their sentence in Libya or at least in another Muslim country or the Netherlands. However, the UK refused this, request and the negotiations stalled for some time. Mr Edeeb continued that the Libyan Government then agreed that, if convicted, the accused would serve their sentence in Scotland. They included this in a letter to the UN but there was no other agreement. He stressed that these negotiations had been between Libya and the UK, and the US had not been party to them. 11. Mr Edeeb stated that there was no PTA at the time of the negotiations but, even if there had been, there is nothing to stop two states entering into a new agreement. 12. Mr Gordon asked if they felt that the US or the UN could have any expectation that their agreement would be required in a case of a transfer. Mr Edeeb replied that there was no formal agreement, simply the letter to the UN. 13. Mr MacAskill spoke of the representations that have been presented to him by families of victims and that they wish that the appeal to continue. Mr MacAskill confirmed that if, at the time of reaching a decision on the transfer application, the appeal is in progress, the conditions in the PTA will not have been met and he cannot agree to the application for transfer. 12RESTRICTED ~ ADVICE TO MINISTERS 14. On the separate issue of compassionate release, Mr MacAskill clarified that Mr Al-Megrahi had previously applied to the Court for interim liberation and that is. a separate process from compassionate release. He confirmed that this meeting was to discuss the PTA but officials could give more information on compassionate release. 15. Mr MacAskill also raised the concern that had been expressed to him by some families that if Mr Al-Megrahi were returned to Libya, that he could be greeted by some ‘fan fare’ in Libya and that this would be insensitive to families of victims. Mr Alobidi responded to this point and confirmed that if Mr Al-Megrahi were transferred that they would be upholding all the conditions in the PTA. 16. MrMacAskill concluded the meeting by confirming he would be speaking to more family members during the week and would be offering Mr Al-Megrahi the opportunity to make representations. 17. Mr Alobidi thanked Mr MacAskill for his time. He asked Mr MacAskill to note, regarding his timing of his decision, that Ramadan would be in August and that Mr Al-Megrahi would be observing Ramadan. Close. 13