Human Rights Watch (HRW) called on the United States and Libyan authorities to clarify the legal basis for the “abusive arrest” and subsequent extradition of a suspect in the 1988 Pan Am 103 bombing over Lockerbie, Scotland.
On 12 December 2022, US authorities announced that they had custody of, and intended to prosecute Abu Ajila Masoud, a former intelligence officer during the government of late Libyan leader Muammar Gaddafi.
“It appears that no Libyan court ordered or reviewed Masoud’s transfer to the US, and he had no chance to appeal, raising serious due process concerns,” said Hanan Salah, associate Middle East and North Africa director at HRW.
“The political impasse and chaos in Libya do not allow US authorities to disregard violations of fundamental rights,” she added.
The Tripoli-based Prime Minister, Abdel-Hamid Dbaiba said his Government of National Unity (GNU) collaborated with the US on the extradition. However, judicial authorities have challenged the handover’s legality, and opened an investigation.
HRW said in a statement on Monday that the US “should uphold international fair trial standards and grant Masoud access to his family members, including by promptly processing visas for them.”
It noted that the US authorities should also grant him the right to challenge his extradition. “As Prime Minister Dbaiba promised, Libyan authorities should provide consular visits, help Masoud get effective legal counsel, and coordinate his family’s visits. They should also investigate and hold accountable members of the armed group responsible for violently seizing Masoud from his home.”
“The US had long sought Masoud’s arrest for his alleged role in the Lockerbie bombing. The apparent basis for the charges are confessions he allegedly made in 2012 to a Libyan interrogator,” the statement added.
A relative of Masoud told Human Rights Watch that family members had no prior knowledge of the extradition. They learned about it from social media posts on 12 December.
“Justice for the many victims of Pan Am flight 103 risks being tainted unless the US and GNU governments clarify the legal basis for Masoud’s transfer to US custody,” Salah said.