Release of Abdelbaset al-Megrahi
On Wednesday 21 December 1988, the aircraft flying this route—a Boeing 747-121 named Clipper Maid of the Seas—was destroyed by a bomb, killing all 243 passengers and 16 crew members.
[5] Eleven people in Lockerbie, southern Scotland, were killed as large sections of the plane fell in and around the town, bringing total fatalities to 270.
The United States was given what the then British ambassador, speaking in a personal capacity in August 2009, characterised as a "clear political and diplomatic understanding" that Megrahi would serve his full sentence in Scotland.
The release divided opinions across Scotland and the Scottish Parliament was recalled from its summer break to receive a statement from and question MacAskill,[12] for only the third time in its ten-year history.
Similarly, the Archbishop of Glasgow, Mario Conti, voiced his personal support for the decision, describing compassion as "one of the principles inscribed on the mace of the Scottish Parliament by which Scotland's government should operate".
"[16] Richard Baker, the Scottish Labour shadow justice minister, said the decision was "an act of unpardonable folly" and called for MacAskill's resignation.
"[18] Writing in the Telegraph, former Labour MP and Scottish Office minister Brian Wilson wrote that the decision "shamed" Scotland, and co-opted an anti-war slogan to sum up his anger: "Not in our name, Mr MacAskill.
"[23] The British Government has so far declined to express an opinion on the decision,[24] but has denied that it gave succour to terrorists, and condemned the scenes at Tripoli airport.
"[29] Martin Cadman, whose son Bill was killed, said "I'm very pleased he has been released on compassionate grounds because I don't think he was the right person to be there anyway.
[45] Very few American relatives offered public support for MacAskill's decision, although in May 2010 a sister of one of the victims expressed her desire to visit and forgive Megrahi, saying "I want to look him in the eye and make sure he knows our pain... God will judge him".
[42] President Barack Obama denounced the decision and Attorney General Eric Holder said that there was "no justification for releasing this convicted terrorist whose actions took the lives of 270 individuals.
"[50] FBI director Robert Mueller, who had been a lead investigator in the 1988 bombing, was "outraged at [the] decision, blithely defended on the grounds of 'compassion'" and called it "as inexplicable as it is detrimental to the cause of justice" in an open letter to MacAskill.
[53] The New York Times opined that "for many Americans, his release rekindled the agony and anguish of loss and provoked questions about the notions of compassion and justice used by Scotland to justify its decision.
"[55] The Los Angeles Times said that "MacAskill's blinkered interpretation of 'compassion' took no account of the enormity of Megrahi's crime or his refusal to acknowledge his guilt," and showed "no compassion for relatives of the 270 people killed when the jet exploded over Lockerbie.
[28] The Libyan English language newspaper Tripoli Post claimed however that MacAskill's statement proved that the Scottish authorities did not take care of Megrahi while he was imprisoned.
[60] Editorials in the leading German language newspapers Frankfurter Allgemeine Zeitung (in Germany) and Die Presse (in Austria), lauded the humanity shown by MacAskill's decision.
"[63] It was later discovered that Libyan officials had warned the United Kingdom that consequences for the UK-Libya bilateral relationship would be 'dire' were al-Megrahi to die in Scottish prison, including the cessation of all UK commercial activity in Libya.
[65] In the days following Megrahi's release and return to Libya, speculation began to mount as to the possible involvement of the Westminster Government in the Scottish Government's decision,[66] particularly after Saif Gaddafi claimed that Megrahi's case had been discussed during business talks with the UK, and after Colonel Gaddafi thanked Gordon Brown for "encouraging" the release.
As we have expressed repeatedly to officials of the government of the United Kingdom and to Scottish authorities, we continue to believe that Megrahi should serve out his sentence in Scotland.
"[71] On 20 August 2009, it was announced that the Scottish Parliament would be recalled the following Monday so MSPs could hear a statement from the Justice Secretary, Kenny MacAskill, and ask him questions.
[74] The Scottish Justice Minister also claimed that sending Megrahi to a hospice in Scotland, would have created a "travelling circus" with such a high-profile patient.
[75] Many MSPs questioned the reasons behind the decision; the Scottish Conservative Party justice spokesman Bill Aitken MSP stated, "The SNP government has demonstrated a degree of amateurishness which has caused us embarrassment.
We informed government that the policing operation required for compassionate release of Mr al-Megrahi in Scotland, and the security implications, would have been highly substantial."
[78] The British Prime Minister, Gordon Brown, faced mounting criticism over his silence on the issue, particularly after he took time to send a letter of congratulations to the England Cricket team on their victory in the 2009 Ashes series while failing to comment on the Megrahi release.
[81] Documents released in September showed that Jack Straw, the justice secretary did initially agree with the Scottish Government that Abdelbaset al-Megrahi should be excluded from a prisoner transfer agreement with the Libyans.
"[82] A letter dated 19 December 2007 stated that the decision to include Megrahi in the scope of the agreement reflected the "overwhelming interests" of the UK at a "critical stage" in the "wider negotiations with the Libyans".
[82] In a subsequent letter to Alex Salmond, the Scottish first minister, in February 2008, Straw wrote: “You ask what I meant by ‘national interests’.
[87] Megrahi's sister told the Libyan Wal news agency that his funeral would take place at Tripoli's main cemetery on Monday, following early afternoon prayers.
