Lockerbie bombing suspect seized from Libya in ‘cloak and dagger’ operation

HomeNewsUS & CanadaUKUK PoliticsEnglandN. IrelandN. Ireland PoliticsScotlandScotland PoliticsWalesWales PoliticsAfricaAsiaChinaIndiaAustraliaEuropeLatin AmericaMiddle EastIn PicturesBBC InDepthBBC VerifySportBusinessWorld of BusinessTechnology of BusinessNYSE Opening BellTechnologyWatch DocumentariesArtificial IntelligenceIntelligence RevolutionAI v the MindTech NowHealthWatch DocumentariesCultureWatch DocumentariesFilm & TVMusicArt & DesignStyleBooksEntertainment NewsArtsWatch DocumentariesArts in MotionTravelWatch DocumentariesDestinationsAfricaAntarcticaAsiaAustralia and PacificCaribbean & BermudaCentral AmericaEuropeMiddle EastNorth AmericaSouth AmericaWorld’s TableCulture & ExperiencesAdventuresThe SpeciaListTo the Ends of the Earth EarthWatch DocumentariesScienceNatural WondersClimate SolutionsSustainable BusinessGreen LivingAudioPodcast CategoriesRadioAudio FAQsVideoWatch DocumentariesBBC MaestroDiscover the WorldLiveLive NewsLive SportDocumentariesSite searchHomeNewsSportBusinessTechnologyHealthCultureArtsTravelEarthAudioVideoLiveDocumentariesWeatherNewslettersLockerbie bombing suspect seized from Libya in 'cloak and dagger' operation13 minutes agoShareSaveAdd as preferred on GoogleDavid CowanScotland home affairs correspondentReutersHundreds of people died when Pan Am Flight 103 exploded over Lockerbie in December 1988A Lockerbie bombing suspect has claimed he was illegally removed from Libya to stand trial in the United States after "a cloak and dagger operation conducted in the dead of night".

Abu Agila Mohammad Mas'ud Kheir Al-Marimi has alleged he was abducted by armed men and handed over "hooded and bound" to FBI agents, who had a plane waiting to fly him out of the country.

Al-Marimi, also known as Mas'ud, has denied building and priming the bomb that brought down Pan Am Flight 103 over Lockerbie on 21 December 1988, killing 270 people.

The Libyan argues he was the victim of an unlawful rendition and has asked a judge in Washington DC to throw the case out of court.

In response, the US Department of Justice said, under American law, the manner of his removal should not stop his thrice-postponed trial from finally getting underway in January.

Al-Marimi's version of what happened is detailed for the first time in papers lodged with the court by his legal team.

The US government charged him with destroying the airliner in December 2020, and formally requested his "extradition, expulsion or otherwise lawful removal" from Libya to stand trial.

At the time, Al-Marimi was in custody in Libya, serving a jail sentence for attacking rebel forces during the uprising against Col Muammar Gaddafi in 2011.

According to Al-Marimi, he was released from prison on "compassionate grounds" on 30 September 2021 and returned to his family in Tripoli.

About two weeks later, a group of armed men, many wearing masks, came to his house and rearrested him, without telling him why or who they were.

Defence lawyers claim his "abduction" was reportedly carried out by a militia with "a reputation for brutality and disdain for human rights".

They allege Al-Marimi was dragged across the floor "with no care for his health and mobility issues", that his son was beaten with a rifle, and that his wife and daughter were attacked.

They said the grandfather was taken to a prison in the city of Misrata, about 116 miles (187km) east of Tripoli, where he was placed in solitary confinement for several days.

On the morning of 11 December 2022, Al-Marimi said his captors gave him a sandwich and some tea and told him to pack his belongings.

He expected to be released, but instead he was handed over to the FBI.

A US government aircraft was waiting at Misrata airport when Al-Marimi arrived with a "loosely fitted cloth hood" over his head.

His escorts asked the FBI to hurry up because onlookers were watching and he was placed on board the plane.

The Libyan authorities handed over a plastic "trash bag" containing some of his belongings, including a Quran, a prayer rug, clothing, toiletries, and medicine.

On the flight to the US, the FBI questioned Al-Marimi, performed a "head to toe medical examination" and provided him with clean clothes and blankets, his lawyers said.

They claim the prime minister of the Tripoli-based Libyan government, Abdulhamid Dbeibah, later secured financial investment from the United States, including $16m (£12m) to secure Libya's transition to a democratic state and a contract with US oil giant Honeywell International.

Al-Marimi argues that the process amounted to an unlawful rendition and forcible abduction, removing the Washington court's jurisdiction over the case.

The defence says the militia group staged an illegal kidnapping when diplomatic negotiations stalled, in a process which showed "an utter disregard for Libyan law and sovereignty."

His lawyers said: "This is not the rule of law.

"This is the rule of the strong. Mr Al-Marimi's rendition sends a chilling message to the people of the world: 'If we want you, we will take you'."

They added: "Mr Al-Marimi must be returned to Libya."

The US Government said that, under longstanding legal doctrine, the court's jurisdiction was not contingent on the manner by which the defendant had been brought before it, even if that included forcible abduction.

The prosecutors said limited exceptions to that rule did not apply in Al-Marimi's case.

In their submission to the court, the government said: "Libya was permitted to transfer the defendant to the United States under any method it chose."

They added: "Any actions of the Libyan militias are not attributable to the United States, as would be required for this claim to succeed."

The defence has asked for a hearing so it can argue its case before Judge Dabney Friedrich.

Al-Marimi's removal from Libya in 2022 provoked a fierce backlash in his home country.

Prime Minister Debeibah said his government had been co-operating with an "international judicial framework to extradite accused citizens."

An Interpol red notice was in force at the time, requesting law enforcement worldwide to locate and provisionally arrest Al-Marimi, pending his extradition or surrender.

The head of Scotland's prosecution service, the-then Lord Advocate Dorothy Bain KC, told the Scottish Parliament she had received confirmation that Al-Marimi was transferred to US custody "on a lawful basis".