Scottish Court in the Netherlands facts for kids

The Scottish court in the Netherlands was a special court. It was set up in a former United States Air Force base called Camp Zeist in Utrecht, Netherlands. This court followed Scots law. Its purpose was to hold a trial for two men from Libya. They were accused of causing the deaths of 270 people. This was linked to the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on December 21, 1988. A school building on the old base was changed into a courtroom for this important trial.

Why a Court in the Netherlands?

The court was set up in a neutral country. This was part of an agreement between Colonel Muammar Gaddafi of Libya and the British government. Colonel Gaddafi agreed to hand over the two accused men only if the trial happened in a neutral place.

Special Rules for the Court Area

A special agreement was made between the United Kingdom and the Kingdom of the Netherlands. This agreement meant that the court area would be under the court's control. This was for the whole time of the trial and any later appeal. The United Nations Security Council Resolution 1192 had asked for this arrangement. So, it was made official in Scots law by a special order.

Even though Dutch law still generally applied, Dutch officials could not enter the court area unless there was an emergency. The court could also make its own rules. These rules would be more important than Dutch law if needed for the trial. The court could also put people in jail for showing disrespect to the court. People involved in the trial, like court officials, the accused, and witnesses, were also partly or fully protected from Dutch law.

The Court's Decision

On January 31, 2001, the court found Abdelbaset al-Megrahi guilty. He was found responsible for the deaths of 270 people in the bombing. The second person accused, Lamin Khalifah Fhimah, was found not guilty.

Megrahi's appeal was also heard at this court. The High Court of Justiciary is the highest court for criminal appeals in Scotland. His appeal was turned down on March 14, 2002. After this, the court area was closed down and given back to the Dutch government. Megrahi served his sentence at Greenock prison in Inverclyde.

Later, starting in September 2003, Megrahi's conviction was looked at again by the Scottish Criminal Cases Review Commission. This group checks if there might have been a mistake in a court case. They shared their findings on June 28, 2007. They allowed Megrahi to have a second appeal against his conviction.

In August 2009, Megrahi was released from Greenock prison. He had served eight years. He was diagnosed with prostate cancer and was expected to live only three to six more months. The Scottish justice minister, Kenny MacAskill, made the decision to release him for compassionate reasons. Megrahi went back to Libya and passed away in May 2012.

See also

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