ANNEXES:VOLUMEIII
International Court of Justice
Case ConcerningQuestions of
Interpretation andApplication of the
197 1Montreal ConventionArising from
theAenal Incident at Lockerbie
(LibyanArabJamahiriya v.United Kingdom)
Preliminary Objectionsof the
UnitedKingdom
ANNEXES: VOLUMEIII
JUNE, 1995 LIST OF ANNEXES
Volume I of the annexes contains a set obasicdocuments. Documents in
Volumes 11and IiI aresetout inchronologicd osder. Wherematerialhas been
circvlated aa United Nations document,the date çitedis thaof the United
Nationsdocumentitself.
BASICDOCUMENTS
Annex Title and Reference
Number
Convention
Convention forthe Suppressionof Unlawful Acts againsthe
Safety of Civilian Aircrnft,MonveaI,23 September 1971(the
Montreal Convention), 974 United Nations Treaty Series
177.
UNSecurityCounciIResolutions
SecurityCouncil Document S/RES/33 1 (19921,21 January
1992:SeçurityCouncilresolution 731 1992).
Secunty CounciI Document SIRES1748 (1992), 31 March
1992:SecurityCouncil resolution748 (1992).
Security CounclIDocumentSIRES1883(1993), 1.1November
1993: SecurityCouncilresolution 883 (1993).
LettersCircuIated asUNDocuments
General AssemblyDocumentA1461825 and Security Council
Document S123306, 31 Decernber 1991: Letter from the
French Permanent Representative to the United Nations
Secretar-General.
Generd AssemblyDocument A.46/826 and Security Council
Document S123307, 3 1 December 199 1: Letter from the
United Kingdom Permanent Representative to the United
Nations Secretary-General.
General AssemblyDocumentA1461827and Security Council
Document 3123308, 31 December 1991: Letter from the
United States Permanent Representative tu the United
NationsSecretary-General.
GeneraI AssemblyDocumentA/46/&28 and SecurityCouncil
Document S/23309, 31 December 1991: Letter £rom the
Permanent Representatives of France,the United Kingdom
and the United States to the United Nations Secretary-
GeneLal.SecurityCouncilDocument ~12344 ! 18January1992:Letter
from the Libyan Permanent ~epresktativetothe President
ofthe SecurityCouncil.
UN SecurityCouncil Debates
1
Security Council Document ~~v.3033, 2 1 January1992:
ProvisionaI Verbatim recorof the 3,033rd meetinof the
Secunty Council.
Security Council Document s/Pv.~o~~, 31 March 1992:
Provisional Verbatim record othe3,063rd meeting ofthe
SecurityCouncil.
l
SecurityCouncil Document ~~v.33'12, 11 November 1993:
ProvisionaEVerbatim record of the 3,312th meeting of the
Security Council.
Reports oftheUN Secred1ary-General
Security CounciI Document ~/235 44, 11 February 1992:
Reportby the Secretary-General pu<suato paragraph4 of
Secunty Council resoluti731.(1992),
1
Secunty CouncilDocument ~/23672/ 3 March 1992:Funher
reportby theSecretary-General pursuanto paragraph4 of
SecurityCouncilresolutio731 (1991).
Secunty Council Document ~/23991, 22May 1992:Report
of the Secretary-Generpursuantto'paragaph 8of Securîty
CounciI resoluti748 (19921,
SeottishCriminal PrdFedings
Statement of~actsby the Lord ~dv1cate of Scotlaninthe
case ofAbdelbasetAli Mohmed AllMegrahi and Al Amin
Khalifamiirnah,Edinburgh,13November1991.
Petitioof the Procurator Fiscal of $umfries and Galloway
KhalifaFhimah,13sNovember1991. A1 Megrahiand Al Amin
Sumrnary of ScottishCriminal hc kdurein Murder Cases,
May 1995. 1
i
Statementof Legal Provision concrning Offences under
ScotsLaw, May 1995.
i
n CHRONOLOGICAL LISTOFDOCUMENTS
(Documentsincludedin VolumeI aremarkedwith an asterisk)
Annex Title and Reference
Number
1959
20 Houseof Commons Debates, 16 February1959,columns 31
to34.
21 GeneraIAssemblyDocumentA/RESf255 1 (XXIV),6 January
1970:GeneralAssemblyresolution2551(XXIV j,
22 General Assernbly Document AIRES12625 (XXV},
4November 1970:GeneralAssemblyresolution2625 (XXV).
23 General Assembly Document AJRESi2645 (XXV) ,
30 November 1970:General Assembly Resolution 2645
m.
24 SeçurityCouncil DocumentS/RES/286 197Q),9 September
1970:SecurityCouncilresolution286(1970).
1* Conventionfor the Suppressiof UnlawfuIActs against the
Safetyof CiviliAircraftMontreal,23 September 1971(the
Montreal Convention),974 United Nations Treaty Series
177.
25 General Assembly Document A/RES/3034 (XXVII),
11January 1973:Generd Assemblyresolution3034(XXW).
26 House ofCornons Debates,16April1973, columns43 and
44. Annex Titland ~eference
Number I
House of Cornons Debates, 25 A~R 1984, colurnns 739to
7C3 1
House ofCornrnonsDebates, 1 ~ak 1984, coiurnns 195 to
208.
Houseof CommonsDebates, 1May 1984, columns 209 to
225.
l
AssociatedPressreport,17Novernber 1984.
l
Security Council Document ~117554,9 October 1985: Note
by the Presidentof thSecuritCouncil.
I
Note by thePresidentofthe Seçurity Council.mber 1985 :
Le Mondenewspaperarticle, 5 Marc4 1986.
House of Commons Debates,24 1986,colurnns209 to
211. l
l
SecurityCouncil Document ~1186411 28 January 1987:Note
by thePresident of the SecuiCoudcIl.
Keesing'sRecord ofWorldEvents,~hlume XXXIII(19871,p.
35218, June1987.
House of Commons Debates, 18 ~bvember 1987, column
595.
l Annex TitleandReference
Number
United Nations Press Releaçe SC/5057, 30 December 1988:
Statement made on behalf of Secunty Council rnernbessby
the Presidentof the Security Council.
Staternent from the Air Accidents Investigation Branch,
United KingdomDepartment ofTransport.
Security Council Document SIRES1635, 14 June 1989:
SecurityCouncilresolution 635 (1989).
AssociatedPress report,17 June1991.
Staternent of the Trustees the Police Dependants'Trust, 18
October 1991.
Statement of Facts by the Lord Advocate of Scotland in the
case of Abdelbaset Ali Mohmed Al Megrahi and Al Amin
KhalifaFhimah,Edinburgh, 13 November 1991.
Petition of the ProcuratorFiscd of Dumfries and GalIoway
charging Abdelbaset Ali Mohmed Al Megrahi and A3Amin
KhalifaFhhah, 13November199 1.
Seçurity Council Document 5123221, 16 November 1991 :
Letter from the Libyan Permanent Representative to the
United NationsSecretary-General.
General Assembly Document A/46/660 and Security Coun~iI
Document S/23226, 20 November 1991 : Letter frorn the
Libyan Permanent Representative to the United Nations
Secretary-General.
General Assembly DocumentA/46/825 and SecurîtyCouncil
Document S123306, 31 December 199 1: Letter from the
French Permanent Representative to the United Nations
Secretq-General ,
General AssemblyDocument A146/826andSecurity Council
Document S123307, 31 December 1991: Letter from the
United Kingdom Permanent Representative to the United
NationsSecretary-General.Annex TitlandReference
Number
7" GeneralAssemblyDocument A146/827and Security Council
Document 5123308, 31 December 1991 :Letter from the
United States Permanent Representative to the United
NationsSecretary-General.
General Assembly Document A1461828andSecurity Council
Document S123309, 31 December 1991: Letter from the
Permanent Representativesof France, the United Kingdom
and the United States to the United Nations Secretasy-
General.
GeneralAssembtyDocument A/46/840, 9 January 1992 and
W6/840/Corr.1, 21 January 1992:Letter from the Libyan
Permanent Representative tothe United NationsSecretary-
General.
General Assembly DocumentPJ461841and Security Council
Document S123396, 9 January 1992: Letter from Libyan
Permanent Representative tothe United Nations Secretary-
General.
General Assembly Document A/46/84-4and SecurltyCouncil
Document S123416, 13January 1992:Letterftom theLibyan
Permanent Representative tothe United NationsSecretary-
General.
Security Council Document Sl23436, 17 January 1992:
Letter from the Libyan Permanent Representative to the
UnitedNationsSecretary-General.
SecurityCouncilDocumentS/23441, 18January 1992:Letter
from the Libyan Permanent Representative tothe President
of theSecurityCouncil.
SecurityCouncil Document SRES173 1 (992), 21 Januq
1992: SecurityCouncilresolution 731 (1992).
Security Council Document SffV.3033, 2 1 January 1992:
ProvisionalVerbatirnrecord of the 3,033rd meeting of the
SecurityCouncil.
SecurityCouncilDocument 5123500,3 1 January1992: Note
by thePresidentof theSecurityCouncil. Annex Titleand Reference
Number ,.t
Security Council Document S123574, 11 February 1992:
Report by the Secretary-General pursuanttoparapraph 4 of
SecurityCouncil resolution731(1992).
Secunty Council Document S123672, 3 March1992:Furcher
report by the Seçretary-Generalpursuantto paragraph 4 of
SecurityCouncilresolution 731 (1992).
Security Council Document SRES1748 (1992), 31 March
1992: SecurityCouncil sesolutio748 (1992).
Security Council Document SIPV.3063, 31 Mach 1992:
Provisional Verbatim record of the 3,063rd meeting ofthe
Secunty Council.
Letter from the Secretary of State for Foreign and
CommonwealthAffairs to MrRobert Muir, 3 Aprii1992.
UnitedNations Pres RseIeasSG/1925,2 ApriI1992.
Security Council Document SIPV.3064, 2 April 1992:
Provisional Verbatim record ofthe 3,064th meeting of the
SecurityCouncil.
SecurityCouncil Document S123828, 22 April 1992: Letter
from the French Permanent Representative tothe United
NationsSecretaty-General.
Security Council Document S/23891, 8 May 1992: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General.
Secunty CouncilDocument SI23917, 14 May 1992: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General,
Security CouncilDocument S123918, 14 May 1992: Letter
from the Libyan Permanent Representative to theUnited
Nations Secretary-Generd.
Security Council Document 323992, 22 May 1992: Report
ofthe Secretq-General pursuant to paragraph 8 of Security
Councilresolution748 (1992).
House of Cornons Debates, 18 June 1992, columns 1038 to
1040. Annex Title and~eferknce
Number I
Security CounciIDocument S124209,30 June 1992: Letter
from the Libyan Permanent ~eprisentative to the United
NationsSecretary-General.
l
Security CouncilDocument ~124428, 14 August 1992:Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General. II
JANA (Libya News Agency) pressirepo 2rtOctober 1992
(English translation), l
House of Cornons Debates, 20 November 1992, columns
432 and 433.
General AssernblyDocument ~/47/+58 and Security Council
Document S124913, 7 December 1992: Letter from the
Permanent Representatives of Franee, the United Kingdom
and the United States to the United Nations Secretary-
General .
I
Secuity Council Document~/24961/,16December 1992 and
Secunty Council Document ~1249k1l~dd. 1, 18 December
1992: Letter from the Libyan Permanent Representative to
United NationsSecretary-GeneraI. '
l
Se~unty Council Document ~126139, 23 July 1993: Letter
from the Libyan Permanent Representative to the United
Nations Secretary-General. l
GeneralAssembly Document ~/48/3 14 and Secunty Council
Document 5126304, 13 August 11993: Letter from the
Permanent Representativesof France, the United Kingdom
and the United States to the Uni1ed Nations Secretary-
General. I
Securîty Council Document ~/263 13,17 August 1993: Letter
from the Libyan Permanent Representative to the United
NationsSecretary-General. l
SecurityCouncil Document ~126500,28 September 1993:
Letter from the Libyan Permaneqt Representative to the
UnitedNations Sesretq-Geneïal. I
IAnnex T.tl.and Reference
Number
68 Material oScottishCriminalTrialProceduP rrovided bythe
United Kingdom tu the United Nations Secretary-GeneraI,
September 1993.
69 SecurityCouncilDocument 326523, 1 October 1993: Letter
from the Libyan Permanent Representative to the United
NationsSecretq-General.
70 General AssembIy DocumentAi48iPV.20, 26 October 1993:
General Assembly 48th Session, 20th Plenary Meeting,
Thursday 7October 1993pp.4to 10.
71 Security Council Document S126629, 26 October 1993:
Letter from the Libyan Permanent Representative to the
United NationsSecretary-General.
4" SecurityCouncilDocument SIRES1883 (1993):1 1Novernber
1993:SecurityCouncilresolution883(1 993).
12" SecurityCouncil DocumentSIPV.3312, 11Novernber 1993:
Provisional verbatim record of the 3312th meeting of the
SecurityCouncil.
72 Security Council Document 926760, 17 November 1993:
Letter from the Libyan Permanent Representative to the
UnitedNationsSecretary-General.
73 SeeurityCouncil Document S126837, 3 December 1993:
Letter from the French Permanent Representative to the
UnitedNations Secretq-General.
74 Security Council Document S126859, 10 December 1993:
Letter from the Charged'affairesof the Libyan Permanent
Mission to the United NationSecretary-General.
Secunty CounçilDocumentSJ19941900,29 July 1 994: Letter
75 from the United Nations SecretaryGeneral tothe Security
CouncilPresident.
SecuritCouncilDeclarationSPRST/1994/40,29July1994.
76
77 GeneralAssemblyDocumentA1491299and Security Council
Document S119941238, 9 Awgust 1994: Letter from
Representativesof France, the United Kingdom and the
UnitedStatestothe UnitedNations Secretary-General. l
Annex TitIeandRekrence
Number
GeneralAssemblyDocument ~/49q~.23: GeneralAssembly
49th Session, 23rdMeeting,7 Octovr 1994pp.9to 15.
Houseof CommonsDebates, 13~e+mber 1994, columns 40
to48. I
I
1995 1
I
Houseof CommonsDebates, 1Febqiary 1995,columns 1056
to 1064. I
General Assembly Document ~ld~~/49/60, 17 Febmary
1995:GeneralAssemblyResolution #9/60.
Security Council Document 9/1995/226, 27 March 1995:
Letter from the Libyan Permanent Representative to the
United NationsSecretaryGeneral. 1
!
Security Council Document S/PR~T/1995/ 14, 30 March
1995:Noteby the Presidentof the Secunty Council.
l
GeneralAssemblyDocumentAI501112a 1 8nd Security Council
Document 5/1995/24 30, Marçh 1995: Letter from the
Permanent Representativesof ~ranhe, the United Kingdom
and the United States to the ~ni'tedNations Secretary-
General. i
18" Summary of Scottish Criminal ~ro<edurein Murder Cases,
May 1995. I
19* Statement of Legal Provisionsconcerning Offences under
ScotsLaw,May 1995. IAnnex 51 ReleW
Depanme~tof Fubiic iniomzti~n News CuverageSeMc: @ New York
Tne faliowing is attribute~le co the Spokesman for Secrstary-Gerieral
Boutros Boutros-Ghali:
. .
The Secrecary-Geceral today called in Libyars Permaneniz ~epresenterive to
the ~nited ~ationç, Ambassador Ali Akaned Elhouderi, to protest the attacks
against the Venrzuelan.Ehnbassy in Tripoli.
The Libyar: Amba~~ddcr prèserited his Goverment's apologies to the
United Nations for this declorzdle incident. He confirmed that he extend~d
similar apolcgi~s to the Pennulent Representative of Venezuela to the
ünited Nztions. Tne '~~3assador infoïmod the Secretary-General that the Libyan
Goverriment fiad appealed fùr restraint and for the safey~arding o=lthe security
of foreign embaçsies and their staff.
The Secretary-General.trusts tnat al1 meaçures wilL be takfn by tkr
Liman Eovernment to ensure the safety and security of foreign embassies and
their perscnnel, of U~iteü Nations staff currently servicg In Libya xd of all
foreigners residinl in that country.Annex 52UNITED
NATtONS
Security Council
PROVISIONAL
- S/PV.3064
PROVISIONAL VERBATIM RECORD OF THE THREE THOUSAND AND
SIXTY-FOURTHMEETING
Held at Headquarters, New York,
on Thursday, 2 April 1992, at 4.30 p.m.
President: Mr. MUMBENGEGWI Zimbabwe )
Memberç: Austria Mr. HOHENFELLNER
Belgium Mr. NOTEBDAFME
Cape Vesde Mr. JESUS
China Mr. JIN Yongjian
Ecuador Mr. AYALA LASSO
France Mr. MjgRIMEE
Hungary Mr. BUDAI
India Mr. BELL
Japan Mr. EUTANO
Morocco MX. BENJELLOUN-TOUIMI
Mr. LOZINSKY
Russian Pederation
United Kingdom of Great Britain
and Northern Ireland Sir David HAMTAY
United States of America Mr. PICKERING
Venesuela Mr. ARRIA
This record contains the original text of speeches deliverea in English
and inferpretations of speeches in the other laquages. The final text will
be printed in the Official Records of the Securitv Couacil.
Corrections should be submitted to originalspeeches only. They shoulà
be sent under the signature of a rnemberof the delegatioa concerned, within
one week, to the Chief,OfficialRecordsEditing Section, Department of
Conference Services, room DC2-750, 2 United Nations Plaza, and incosporated in
a copy of the recors. The meetins was called to order at 4.45 p.m.
EURESSION OF TWKS TO THE RETIRING PRESIDENT
The PRESIDENT; As this is the first meeting of the Security Council
for the month of kpril. 1 should like to take this opportunity to pap tribute,
on behalf of the CounciX, to Hiç Excellency Ambaçsadar Diego Arria, Permanent
Representative of Venezuela to the United Nations, for his service as
President of the SecurityCouncil for the month of March 1992. 1 am sure 1
speak for al1 members of the Security Council in expressing deep appreciation
to Ambassador Arria for the great diplornatic skill and unfailing courtesy with
which he conducted the Council" business last month,
ADOPTION OF THE AGENDA
The aoenda was adopted.
LETTER DATEP 2 APRXL 1992 .ROM THE PERMANENT REPRESENTATIVEOF VENEZUELA TO
THE UNITED NATIONS ADDRESSEDTO THE PRESIDENT OF THE SECURITY COUNCIL (Ç/23771)
The PRESIDENT: The Security Caunçil vil1 now begie its
consideration of the item on its agenda.
The Security Council is meeting in accordance with the request contained
in the letter dated 2 ApriL 1992 frorn the Permanent Representative of
Venezuela ta the United Nations, document S/23771.
FolLowing consultationsamong members of the Security Council, I have
been authorized to make the following staternent on behalf of the Couneil:
"The Security Council strongly condemns the violent attacks on and
destructionof the premises of the Embassy of Venezuela in Tripoli that
took place today, The fact that these intolerable and extremely grave
events have been directed not only against the Goverment of Venezuela
but also againstand in reaction to Security Councilresolution
748 (1992) underlines the seriousness of the situation. (The President}
"The ~ouncil demands that the Government of the Libpan Arab
Jamahiriya take al1 necessary measures to honour its international legal
obligations to ensure the security of the personnel and to protect the
property of the Embassy of Venezuela and of al1 other diplornatic and
consular premises or personnel present in the Libyan Asab Jamahiriya,
including rhose of the United Nations and related organizations, from
acts of violence and terrorisme
"The Council further demands that the Libyan Arab Jamahiriya pay to
the Government of Venezuela immediate and full compensation for the
damage caused.
"Any suggestion that those acts of violence were not directed
agaknst the Government of Venezuela but against and in reaction to
reçolution 748 (19923 is extremely serious and totally unacceptable."
The Seçurity Counçil has thus concluded the present stage of its
consideration of the item on the agenda.
The meetins rose at 4.50 p.m.Annex 53 Security Council
8
Distr.
GENERAL
S/23828*
22 April 1992
ENGLISH
ORIGINAL: FRENCH
LETTER DATED 21 APRIL 1992 FROM THE PERMANENT REPRFSFNTATIVEOF
FRANCE TO SEZEUNITED MATIONS ADDRESSED TO THE SECRETARY-GENERAL
rn On instructions £rom my Goverment, I have the honour to transmit to you
herewith the letter that Jüdge Bruguière, who is in charge of the
investigation into the bomhing of UTA flight 772, addressed to the Minister of
I State, Minister for Foreign Affairs, on 16 ApriL 1992.
Beginning of quotation:
1
"Sir,
"You kfndly transmitted to me a çopy of the Libyan file on the
inquiry into the bombing of the UTA DC-10, which Mr. Mujber, Ambassador
of Libya in Paris, gave to you for transmission to me in order to meet
the requirementç of Security Couacil resolutions 731 and 748.
"At your request, in response to the Libyan offers of judicial
m cooperation brought to my attention by your departments, 1 defined the
position that the Libpas authoritiessbould adopt wkth respect to the
investigationthat 1 am in charge of.
1
"1 indicated to you in that eonnectlon that Libya shouhd be
requested to transmit to me without any reservatkons or conditions aey
data relevant to the inquiry that it had in its possession. The
probative value of such datawas to be asseçsed by me without appeal, and
1 would thus be able to assess the genukneness of Libya'ç willingness to
cooperate.
"After they had been translated, 1 carefullyexamined the documents
thus transmitted to me.
* Reissued for technical reasons.
mS/23828
English
Page 2
I
l
l
'T have the honour to inform you that~1he content of the documents
produced as cwnstituting the Libyan file on the inquiry is inconsistent
and the documents therefore have no probative value. There are even
anomalies in some documents. !
1
"Thus, an examination of this file on'the1inquiry, which vas
transmitted late, moreoves, does not in any way dernonstrate that the
.ib.an authorities are willing to cooperate or that they genuinely intend
to meet the requirementr of the tro above-mentioned Security Council
resolutionç.
l
"1 shall leave it to you to transmit +is assessrnent to Libya
through the charinel that you consider the most appropriate.
I
"Accept, Sir, the assurances of my hidhest1 conside ration.
J. L. rug gui ère
Senior Exarnining Magistrate
Paris, 16 April 1992"
End of quotatkon.
I
1 çhould be grateful if you uôuld have this letter circulated as a
document of the Security Council. l
l(siqned) Jean-Bernard MERIMEE
IUNITED
NATIONS
Security Council Distr.
GErnSAL
5/23891
8 May 1992
EHGLISH
ORIGINAL: WIC
- -- --
LETTER DATED 8 MAY 1992 FBOM THE PEFMAMENT BEPRESENTATIVE OF
THE LIBYAH ARA3 JAMAHIBIYA TO THE UNITED NATIONS ADDBESSED
TO THE PRESIDENT OF THE SECURXTY COUNCIL
Letter dated 5 December 1991 £rom the judge conducting the inquiry into
the crash of the DC-10 aircraft belonging to the French Ui'Aairline
addressed to the Examining Magistrate at the Court of First Instance,
Paris.
Letter dated 31 Deeember 1991 £rom the judge conducting the inquiry into
the incidentaddressedto the ExaminingMagistrate at the Court of First
Instance, Paris.
Letter dated 26 April 1992 £rom the judge conducting the inquirp iato the
crash of the UTA aireraft addressed to the secretariat of the General
People's Commîttee for Justice of the Jamahiriya in response to the
letter ftom the French Examining Magistrate, Mr. J.4. rug gui ère,
transmitted to the Secretary-Geaeral by the Permanent Representativeof
France to the United Nations.
1 should be grateful if you would have this letter and its annexes
circulated as a document of the Security Couneil.
{Simedl Ali Ahmed ELHOUDEIRI
Permanent Representative
92-19845 3131f (E) O80592 080592S/23891
English
Page 2
anex 1 1
1 l
Suareme Court of the Sibyan Arab Jarnahiriva addressed to
the Examinin- Maaistrate. Court of FIrst Instance, Paris
I
l
I have the honour to inform you that I have been comissio~ed by the
Plenum of the Supreme Court of the Libyan ~amahlri~ato inquire into the u
incident of the crash of the DC-IO aireraft belonging to the French UTA
airline over the territory of the Republic of le I Niger çome two yearç aga. I
fn notifying you of this, 1 shsuld like to 'express my complete readineçs
to cobperate with you in bringing the truth ta dight. We request, in this
connection, to be provided with a copy of the documents pertalning to the I
investigations thçt took place with regard to the said incident and the
incrkminating evidenee amassed by you whieh led Itothe indictment of Libyan
I
suspects as having had a role in the said incide'nt.
I
C,oupsellor at the Supreme Court Sj23891
English
Page 3
Letter dated 31 becember 1991 from the Counsellor, Inveçtisatinq
3
Examininçr Maaistrate, Court of First Instance, Paris
With seference to our letter to you of 5 December 1991, in which ne
expressed our readiness to eooperate with you in bringing the truth to light
in the matter of the crash of the French aircraft in the Niger in 1989 and
requested from you a copy of the documents pertaining to the investigations
that took place in that regard or the evidence amassed by you which led to the
indictment of Libyaa suspects as having had a role in the said incident. 1
should like to iaform you that 1 have as pet received no reply from you. In
this present letter to you, I should like to propose that I am ready to corne
to Paris in order to examine the aforementionedinvestigatorydocuments.
Should you reacb agreementwith the officia1 French authorities on this
matter, 1 request you to infom us of the date. Xn another respect, are should
like to inform yuu that we have no objection to your coming to the Libyan
Jamahiriyaand that we are ready to provide the inquiry wiîh whatevet you deem
the inquiry should be provided with, whether the hearing of partieular
witnesses or othemise.
(Siqned) Mahmud Ahmad MIRSI
Counsellor
Xnvestigating Commissioner5123891
English
Page 4
hnex III i
Letter dated 26 Amil 1992 from the ~oukçellor, Xnveçti=atinq
Judae of the Libvan Arab Liamahiriva addkessed ta the Adviser
of the Libvan Arab ~amahiriva
l
I
I
We have received the text of the letter that pou were kind enough ta
provide tu us, aamelp the letter £rom our colleague the French Examining
Magistrate,Mr. J.-L. rug gui ère, addressed to the French Miaister of Çtate and
transmitted to the Secretary-Eeneral of the Unityd Nations by the Permanent
Bepresentative of France on 21 April 1992.
l
In light of th. contents of that letter, we 'should like tc state the
following:
1. In the framework of Our cornitment to full and effective judicial
eooperation in the legal proceedingsbeing takenlwitb regard to the incident
of the DC-IO aircraft belonging to the UT.&compah~, we took the initiative, on
5 December 1991, of writing to our eoïleague the Examkning Magistrate at the
Court of Pirst Instance in Paris, expressing our/complete readiness to
cooperate with him in bringing the truth to light and requestinghim to
provide us rith a copy of the documents pertairiiig to the investigations that
bad taken place in that regard and the incriminating evidence that $ad been
amassed. (A copy of the letter is enclosed herewith.)
l
2. On 31 Deceniber 1991, we supportes our first letter with another in which
we rekterated our readiness to cooperate in bringing the trutb to light and
our request for a copy of the documents pertaining to the investigationsand
the evidence amassed. We psoposed that we were ready to meet with hirn, and we
info-d hirn of our readiaess to receive him in le Great Jamahiriya. (A cepy
of the letter is encïosed herewith.) 1
I
3. The FrenchExamining Magistrate commented 04 the Libyan iaquiryby saying
"The content of the documents produced as constilting the Libyan file on the
lnquiry is inconsistent and the documents thersfors have no probative value.
There are even anomalies in some documents." 1
I
It is clear £rom the above that be has critdciaed the Libyan inquiry in
I
terse and inserutableterms, Let us therefore request hirn to get to the root
of the mattec, as he wishes to do. We are ptepak!ed eo cooperate with him in
bringing the truth to light.
For our part, in accordance with article 105 of the Libyan Code of
Procedure,we institutedan inquiry with the three suspects after establishing
I
their identities and informing them of the chargls brought against them in the
presence of their attorneys. We discussed with them in aetail everything
contained in the indictment brought by the ~rench; ExaminingMagistratea copy
of which hsd reached us and the existing suspicio,ns against them, and we
eoafrontedeach of thern with what the others bad ,said.
I S/23891
English
Page 5
With regard to the fourth suspect, the Libyan authoritieshave presented
evidence, by meaas of official documents, to establish his true name and that
he died more than one year ago. With regard to the documents presented by the
accused, they are documents issued by the official authorities sanctioned by
the State.
In conclusion, we are prepared to cooperate fully with the French
Examining Magiçtrate in order to bring the truth to light, and we request him
to let us know about any matter which he wishes to look into more closely.
Mahmud Ahmad MURS1
Cousellor
Inveçtigating JudgeAnnex 55UNIT ET)
NATIONS
SecurityCouncil
Ç/23 917
14 May 1992
EBGLISH
ORIGINAL: ARAB3Ç
LETTER DATED 14 MAY 1992 FROM THE PERMANENT BEPRESEPTTATIYE OF
THE LIBYAN ARaB JAMAHIRIYA TO THE UNITED NATIONS ADDRESSED
TO THE SECRETARY-GENEBAL
1 have the honour to transmit herewith the text of the communique issued
by the People's Cornmittee for Foreign Liaison and InternationalCooperation of
the Soeialist People's Libyan Arab Jamahiriya.
1 should be grateful if you would hzve this communiqué circulated as an
official document 05 the Security Council.
{Sicmed) Ali Ahmed ELHOUDERI
Permanent Represeatative S/23917
English
Page 2
~omrnuniqué from the People s Cornittee for Foreisn Liaison
and International ~ooperbtlon
I
Psoceeding frorn the belief of the Great ~ocialiçt People's Libyan Arab
Jamahiriya in the neeessity of streagthening the lrole of the United Nations in
the maintenance of international peace and securjty, kt has declared its
aeceptance of Security Couneil resolution 731 (1992) and its readinesç to
implement its proviaions relating to definitive 4enunciation of terrorism in
a31 its forms and a£ whatever origin. i
Accordingly, the Great Jarnahiriya is taking ,the following steps in
confirmation of the above declaration of its condemnation of acts of terrorism
that cause the loss of innocent human lives: l
l
I
1. Libya severs relations with al1 orçanizatIoas and groups involved in
international terrorism of any kind;
2. It affirms that there are no terrorist 'training camps os terrorist
groups or organisations in its territary and invdtes a cornmittee frorn the
Security Council. the United Nations Seeretariator any appropriate United
Nations body to investigate this at any tirne;
l
3. Libya will not in any way permit its terrltory, its citizens os itç
institutions to be used directly or indirectly for the perpetration of
terrorist acts. It is reëdy to impose the severelst penalties on any one
prdved to be involved in such acts, whether they be citizens or residents in
its territory; l
1
4. Libya undertakeç to respect the nationail options of al1 States and
to base its relations on mutual respect and non-intervention in interna1
affairs. !
In implementatien of the above. Libya undertakes to adopt the following
rneasures:
I
(a) Libya will comply witb the United Kingdom's request concerning itç
previous relstkans with the Irish Republican Army and caLLs fer a meeting
between a Libyan representativeand a United Ringdom representative to discuss
this question:
(b) Libya undertakes to deport £rom its territory any person wha is
proved to be involved in terrorist acts:
I
(c) In addition to the above, Libya wishes to be informed - and agrees
to full and effective cooperation - regarding theiother conerete and practical
rneasures required of it specif ically for the impllrnentation of Securitg
Counckl resolution 731 (1992) with respect to the'elimina1ionof al1 forms of
international terrorism. Si23917
Engl ish
Page 3
Libya undertakes to respect al1 the terms of the letter addressed to the
Secretary-Geaeral on II May 1992 by the Seeretary of the People's Committee
for Foreign Liaison and International Cooperation.
People's Committee for Foreign Liaison
and International CooperationAnnex 56UNITED
NATIONS
Distr.
Secu rity Cou ncil GErnRAL
S/23918
14 May 1992
ENGLISH
ORIGINAL: ARABIC
- - - - - - -- -
LETTER DATED 14 MAY 1992 FROM THE PERMMENT REPRESENTATXVE
OF THE LIBYAN ARAB JWIRXYA TO THE UNITED NATIONS
ADDRESSED TO THE SECBETARP-GENERAL
1 have the honour to transmit herewith a letter addressed to you by
Mr. Ibrahim M. Bishari, Secretary of the People's Cornittee of the People's
Bureau for Foreign Liaison and InternationalCooperation, which he requests be
made knowd to the Seeurity Council and distributed as an official document.
(~iqned) Ali ahmed ELHOUDERI
Permanent Representative S/t3918
English
Page 3
(c) In addition to the above, Libya wishes to be informed - and agrees
to full and effectivecooperation - regarding other concrete and practical
meaçures, includlngdetails such as names, contacts or actions specificallp
required to implement Security Council resolution731 (1992). with respect to
the renunciation of terrorism.
(d) Libya does not now have any link with Abu Musa or Abu Niaal. The
last Cime when Abu Musa visited Libya vas in late 1989.
2. With reaard to corn~ensation
Libya officiallyundertakes to pay appropriatecompensation if its
responsibility for this incidentis established.
3. With reqard to the French reauests
In agreeing to al1 the French requests contained in document S/23306,
submitted to the Secretary-Generalon 30 Deçember 1991, the Great Socialist
People's Libyan Arab Jamahiriya calls for a meeting between the Libyan
Examinkng Magiçtrate and the French Examining Magistrate under the auspices of
the Secretary-Generalat one of the United Nations headguarters locations,
with a view to initiating practical measures for the required judicial
cooperation between the two parties in order to establish the truth as sooa as
possible.
4. With reqard ta the surrender of the two susaected Dersons
The competent authorities in Libya have not rejected the principle of
surrenderingthe two individualsunder suspicion. Aeeordingly, they presented
a number af initiatives and proposalsin accordance with the legislation in
force. Since these initiativesand proposals were not accepted by the other
parties, they have referred the issue to the Basic People's Congresses
(Libya's legislativeauthority) for the adoption of a suitable position at the
earliest opportunity.
The Great Socialist People's Libyaa Arab Jamahiriya affirms its
determination to aet in a manner which maintains internationalpeace and
security and iç consistent with the principles of international law and the
Charter of the United Nations. Çince the onset of this crisis, it has
strlven - and continues to strive - for an honourable and peaceful solution
tuhich will spare the world any further escalation.
Ibrahim M. BISHARI
Seeretary of the People's Cornittee of the
People's Bureau for Foreign Liaison
and InternationalÇooperationAnnex 57PARLIAMENTARY
DEBATES
(HANSARD)
SIXTH SERIES-VOLUME 209
HOUSE OF COMMONS
OFFICIALREPORT
OFSTHEUNlTED KINGDOM OF GREAT BRITAIN
AND NORTHERN IRELAND
FORTY-FIRSYEAR OTHE REIGOF
HERMAJESTY QUEEN ELIZABETHII
SESSION 1992-93
COMPRISING PERIOD
8June-June1992
LONDON: HMSO
£9netIO37 Ord .drtnri7r.s 18JUNE 1992 OralAnswrs 1028
Madam Speaker: Order The right hon. Gentleman is 46. Sir MicbaelNeubert: To ask the Prime Ministerif
being ver-?unkiir in pritting manu questionsin a short he will lihiçofficia1engagements for Thursday 18June.
bpacc 01'imc. 1ciil!thc Prime Ministero answcr the hrst
tWO The Prime Minkter: 1refermy hon. friend tothe reply
thatI -ave some moments ago.
The prime :Ministcr:cnrirdy ugrcc ivirh my righhun.
FrienJ'scommenrs un the subjeçi ot'relèrendurns 1tielievr: SirMichael Neuberl:1s ihePrime Minister aware that
a disinguished predecesor and former Minister for
rhar itatcs the sluss~cripobirion concerning parlia- administrative affairs-Mr. Jim Hacker-reaches pen-
meiii .Jcmocr;ic?.
sionableage today? Inthe spiriof thatgreatstatesman. I,
Q3 .Mrs.Fyfe: To ,isk rhPrime Ministeriihewill Iist 100, welcome the Prime Minister's speech ro the Adam
his ofililil cngagcments for Thursdd- ISJunt. Srn~thInçritute thiweek. I also ask mynght hon Friend
to urge his colleagues at tomorrow's citizens charter
The Prirnc\ilinisr 1rr'cr the hon Lad) iothe reply serninar at NO. 10 to press fomfard with further
thlit I gavsomc inomcIirsago
improvements toour publicservices. Inparticularwill he
Mrs. Fyfe:As (hi:Prime Ministcrsays no io adevolved telus whether we can expect the publicationof acousrs
charter,to dealwith the interminable delayç to whichso
Scottish P:irli;imt..l;:ilithc uishes of the majoriry of muchof Our law i~subject9
the Scottishprtipl~,. .i.ilhsays no ioiiretkrendum on
hoiv Scotland shoul:tii;overned. bill he relus to whar. ThePrimeMinister:Yes, my hon. Friend touches an
afier 1Uwerksof taking stock. heispr~pared to sa).?es'! important matter, which causes frustration for many of
ourfellowcitizens.We are proceeding tproduce a courts
The Prime Minister: 1shalltelthe hon. Lad! when we
havc coiicludedtakinn,stock. charter and T hope that we shall be able to rnake
announcements about it beforetoo long.
Q5. .Ur.Evennett: To ask rhe Prime MinisteriÎhewill
Iist his officengagemelits for Thursdriy S Junt. Libya(Sanctions)
The Prime Minister:1refermy hon. Friend IOthe reply Q7.Mr. Dalyell: Toask the Pnrne Minister if he will
that Igave some moments ago. makea statement on represenrations fromArab countries
about sanctioa ngainstLibya.
Mr. Evennett: 1conpratulare my nghr hon. Fr-end on
hisexcellent speechtorheAdam Smith Institute, in which The Prime Minister:We have had variousapproaches
he advocated more choice and opportuniry for the less from Arabcountries about sanctions against Libya.We
and the Arab Leagueshare the same objective-to seea
pnvileged inoursociety. Doeshe agreethat we have a lot
to do Torour innercitieç-and inparticular lhat we must satisfacrory outcometo the Loçkerbieproblem,This, as
ensure ihat standardsin inner-city schoalare raised? the Arab Leaguewell knows, will reguireLibya's full
cornpliance with United Nations Security Council
The Prime Minister: 1 certainly agree with rny hon. resolution731.
Friendabout that.We aredererrnined toraisestandardsin
MT.Dalyell:Inthe lightof my two letterstothePrime
ail surschaols. ~ndzçpeciaily to deal with the problem Minister on this subject,willhe consider putting inthe
thatclearl-existin man! of our inner-cities.believethat
school governors and education authorities mus[ acr tibrary a sesponse ta thecoverstoryof Time magazine
quicklywhere inspectors' reportshow that standards are -not exactlya publication ofthe left-which challenges
unacceptahiy iow.Tharis too often thcase in many ofous thewhole basisof the Anglo-Americanposition?WiIlthe
nght hon. GentlemanalsoconsiderapproachingSpain on
inner-city schools, and the Government do not rntend to the Iegd prodngs relatingto Monzer al Kassar. a
srandidIy by und see it continue.
Syriandmgs andam dealer?
%Ir .shdonn: What \\il1 thePrime Minister do about
unemploymeiit, ~hich is now riçing inexorably towards 3 ThePrimeMinistw:1sawthearticlein Themaganne:
million'Itisnow two months since the election. and only 1examined itand saught adviceon itThe theoriesabout
a handru1 of weeks untii school leaverscorne on to the involvementandIinkswith drugsare notnew. They were
thoroughly examined by the policeduring the investiga-
register. Are the Government so çonsumed by self- tionandwerediscounted atthatstage,attheconclusi of n
satisfaction and so sunk in lethargy thatrhey offer no theinvestigation.No evidencehas yet ken found ta Iink
hope. no policiesand no action for those who rire losing
their jobs? theSyrian,al Kassar,to Lockerbie-but Ishall,of course.
examinethematteragainin view ofthe hon.Gentleman's
The Frime Minister: 1am in no sensesatisfied with the representations.
level ofunempioymenrin this country,and 1 havemade
that clearbefore. We need the right sortof economic Mr. Wilkimon: Canmy righthan. Friend enlighten the
House about any deaIings betwpen Governmentuficials
policy, which will sustain long-term employment and the Governmentof Libya over Iinks between the
prospects: that is what we are putiing Into placand we Libyan regimeand the IrishRepublicanAmy? Has the
shall ensurethat ivachietreit.
When the riehi hon. IRA receivedanysupplies from Libyarecently?Have the
for Yeovil (Mr. Libyan au&ofitiff gim assuranoes to theGovermnr
Ashdown) asks for actionhe rneans shorr-rem subsidy that theywill to swply theIRA?
-thar iswhathcis rcallyasking for. Hisonlyanswer isto
subsidisethe inefficientthe uneconomic and theout of The PrimeMi TheLibyans have providedsome
date. No wonder theLiùerat Democratç have so muchin information to theGovernmentabout theirrelationshipç
cornmon with the cificiai Opposition. with the IRA; they did so inGeneva on 9 June. The 1019 Oro1Ansilrers 18JUNE 1947
prelirninaryassesfmenl of lhat infolmaiionruggcrts ihsi Llbyanr hdve indicaicd Lo us ihat they wirh ro aaw
although inplaces itwas incomplete andunsatrsfactory,it providing &sistance to the IRA. We are not convrnced
conraifissome positive elernentswhich ma? well prove
that thatIslyetthe case,
useful One positivedevelopment is the fact that theAnnex 58 Çecurity Council
Distr.
GENERAL
SI24209
30 June 1992
EHGLISB
ORIGINAL: WIC
tEIPTERBATEP 29 JUNE 1992 FRûMTHE PEmNT XEPRESENTkTfVE
1 OF THE LIBYAU W JWIBTYA TO THE UNITED a1ATIONS
ADDRESSEDTD THE SECEETAEYY-GENGBbt
D
1 have the honour to transmit herewith a document contaiaing a
resolution of the Basic People's Congresses at their second session for 1992
i corrcesniq foxeiga policy.
I should be grateful if you would have this document circulated as an
I official document of the SecurityCouneil,
(Sianed) AliAhmed ELBOUDERI
PermanentBepresentative LW24209
English
Page 2
~eçolution of the Basie People' siConaresaes at their
1
The Basic People's Congresses at their second session for the year 1401
(corresponding to 1992) have reviewed the mernorandum cf the People's Bureau
for Foreign Liaison and Iaternational CooperationconcerningAmerican, British
ana French tbreats to the Great Jarnahirip. 1
Affirming the adherence of the Libyan rd people ta international laws
and instruments, firmly believirig in the peaceful settlement of problems and
disputes and rejecting resort to methoas of thryats anCi sanctions, the Basic
People's Congresses affirm theif condenmation of al1 forms of international
terrorisrn, from whatever source: cal1 for the aboption of effective
I
international rneasures to combat it: appreciate, the intensive and ongoing
efforts made to find a just and peaceful solutionto the csisis that vil1
ensure arriva at the tsuth with regard to this1issue: and declare that the
Libyan Ar& people is strfving and working for peace, inasmuch as it bas put
fonrard prackical initiatives in al1 regional international foruns and
has, threugh its popular iastftuticns,been in contact with brothers and
friendi and al1 cornpetsnt international organiépions in order to avoid
escalation and confrontationand to arrive at peaeeful solutioas based on
internationallaws and in=truatnta . ACcordinql+, ,the Bad c People's
Congresses hereby resolve that:
1
1
1. The Basic People's Congresses aff irm Yeir strong adherenee to the
principles and purposes of the preat I Septembe? revolution. under &e
leadership of Colonel MuammaK Oaddafi, and their; full readiness ta defend
acquisitionsarrdachievements resulting from the' revolution and their
rejectionof ail threats that ~eek to infringe oh the imaependence and
sovereigatfr of the tibpan Axab people and to impairits freedom.
1
2. The Basic People s Congresseshail the! efforts of their Arab
brothers - rnonarchs, presidents. entira, parliamefts,organkzations, trade
unions, associatioas aaB parties - ehat reflect unity and soltidarity af
the Arab nation orith the Lfbpas Ar& people.
the role played by its Secretary-Generaland thelefforts of the seven-member
Unisterial Comf ttee of the League Couneil, has undertaken to defend
the Great Samahiripa.
4, The Basic People's Congresses .estpress+eir high appreciatioa for
the efforts of the Organisation of the Islamie Conferenceand its
Secretary-Generaa lnd for the efforts of the ~rga&ation of African Unity aild
the Movement of Nan-Alipned States.
1 ,
l 5124209
Englisb
Page 3
--
S. The Basic People's Congresses hail the international stand that is
sympathetic ta the Great Jamahiriya in the face of the official international
I terrorisrn to which it is subjected, on the one hand, and that supports wise
treatment of the issue in accordance with international law by recourse to the
International Court of Justice, on the other hand, addressing the issue in a
wise and civilized manner that has been commended and lauded by world public
1 opinion.
I 6. The Basic People's Congresses affirm once again that they condema
al1 forms of terrorism, do aot have dealings with any terrorist organizations
or groups anyvhere in the world and are ready to participate in any
I international effort to elirninate terrcrism and treat its causes.
7. The Basic People's Congresses affirm the full readiness of the Great
Jamahiriya to eooperate with al1 efforts made to elucidate the facts
surrounding the bombing of the United States Pan Am aircraft and the French
UTA aircraft and express their sympathy with the families of the victims,
8. The Basic People's Congresses affirm their adhereace to me Libyan
CriminalCode and the Libyan Code of Criminal Procedure, They raise no
objection to the conduct of the investigation and the trial tbrough the
seven-member Conmittee established by the League af Arab States or thraugh the
United Iations befcire a just and impartial court to be agreed on.
9. The Basic People's Congresses cal1 upon the Western States concerned
to respond to the positive initiatives put foratard by the Great Jamahiriga and
the League of Arab States, in accordance with the United Nations Charter,
which calls for the peaceful settlement of al1 disputes.
10, The Basic People's Congresses cal1 upon the United States of Amesiea
I and the United Kingdom to establish relations of equality wikh the Great
Jamahiriya vithin the Eramework of international lau in a way that serves the
I mutual interests of our peoples and arnid mutual respect and non-intervention
in interna1 affairs,
11, The Basic People's Congresses cal1 upoa the international Çecurity
I Council to rescindresolution 748 (19921, which the Basie People's Congresses
deem a breach and violation of the spirit of the United Mations Charter, and
ita justification by Chapter VLI, which constitutes a grave violation of the
m Charter, inasmuch as the Great Jarnahiripa has not threatened international
peace and security. We draw attention to the extreme gravity of the injury
caused by the impositionof the sanctions, whieh have eaused enosmous injury
B to the Libyen Arab people, affected its stsength, health and education,
obstructedits developmeat projects, prevented the performance of its
religious rites, such as the Hajj and the Umrah, and participation in the
I internationalconferencesof the Islamiç States, and been prejudicialto the
interests and citizensof other States,S/24209
English
Page 4
12. The question of the iniquitous raid ok 1986, with e toll of large
amers of imocent ehildren, women and civiliays, should be brought before
the international Secutity Couneil.
I
l
13. The Basic People 'a Congresses af firm peir faith in working with al1
peoples for the maintenance of international peace and security in order to
achieve stability in the world. 1
14. The Basic People's Congresses cal1 for the exertion of gteater
eEfart fur the establishment of comprehensive Ar,& unity, which constitutes
ae ideal solution for al1 the issues of the Arab nations,
IAnnex 59NATIONS
SecurityCouncil
Distr .
GENERU
SI24428
14 August 1992
EHGCISH
ORIGINAL: ARABIC
LETTER DATEB 11 AUGUST 1992 FROM THE PERMANENTBEPRESENTATIVE
OF THE LLBYaN ARA3 JaMAHfBTYA TO THE UNITED NATIONS AIIDRESSED
TO THE SECBETARY-GENERAL
1 have the honour to transmit herewith a letter addressed to you by
Mr. Ibrahim M. Bishari, Secretary of the People's Cornmittee of the People's
Bureau for Forei- Liaison and International Coopetation, with an annexed
report on the impact of the implementationof Security Couneil resolution
748 (1992) during the period ftom 15 April to 31 July 1992.
I should be grateful if you would have the letter and the appended report
circulated as official documents of the Security Couacil.
(Sicmed) Ali Ahmed ELHOUDERI
Permanent Pegresentative Page S
I
1 wish to inform you about the damage cauçed ta Che Libyan people as a
result of an a6 yet vnproven charge against rnyj country. namely, the halhing of
the arriva1 of medical supply orders for drugs, appliances, equipment and
medical n.eessitics. the ban on sending abroadl aick patients vho O-or. be
treated locally and the fact that it ks impossible for specialists in the
nedicai sciences to corne to the Jamahiriya in irder to treat difficult cases
and carry out delicate surgieal procedures. This is in addition to the
economic impact of the aerial embargo, for agricultural and livestock
production bas sustained large-seale damage. 1
l
When the rnembers of the Seeurity Council hed on resolutian 731,(3992),
their vote %rasnot against Libya but against terrorism. Since Libpa has
proved its renunciationof terrorism, as witneisld by Its dealiagçwith the
United Kingdom Goverment with regard to the question of the Irish Repufilican
Amy (IRA), has handed mer to France the file Ion the Palestinian citizen and
ha5 called for the establishment by you of a dmmission to ascertain whether
camps or installationsfor training terrorist ylements exist in the Jamahiriya
or PO^. whicb confirms that tibya has responded to resolution 731 (1992), as
affimed by the rasolutions of the Basic ~o~ular1 Congresses, the Janahiriya
asks the United Nations Seeurity Council to send a commission to aseettain the
enormous damage caused by the embargoimposed on l the Libyan people and to see
at close band what that people is suffering as a rssult of the sanctions
impssed on it on the basis of a charge that is so far unproven.
l
1
1, The harsh and distressingsaactions that have been imposed on the Libyaa
people constitute a violation of international Faw and the United Nations
Charter, This wrong to which the small and peabe-loving Libyarr people has
beea exposed without comnitting any offence lacks any moral or legal basis.
I
2. The mere suspiciaaof Libpans who have not been proved to have any
connectionwith the Pan Americanaircraft incident and eoncerningwhom no
legal judgement has been hapded dm, carinot be justificationfor the
imposition of these unjust and harsh sanctions. It is as though the accuse6
were guilky before being convieted, which showslclearly the depth of the moral
and leqal crisis in vhich the international coiunity is engulfed.
l
3. Those who induced the Security Council to impose the sanctions bear
political, legal and moral responsibility for the tragedies to which the
Libyan people is expose& sueh as the deatbs of children, old people and
wornea, the decline of living standards, the slowing dom of the development
process and the hprisonment of a vhole people, 1because al1 these dimensions
relatedirectlp to the essence of human rights.
4. Bistory will bear witness to the atroeity Qf what iç being committed in
the name of the Security Couacil against an ent rn
I S/24428
Engl sh
Page 3
We urgently cal1 upon you to lift, or at leaçt to alleviate, the uajust
and unjustified sanctions imposed on the Libyan people, because of the
extensive damage that they cause to the entire people and because they have no
moral or legal basis.
The continuation of the sanctions after Libya's response to Security
Council resolution 731 (1992) and the positive initiatives that it has taken
with a view to resolving the issue is interpreted by the Arabs as a racist
action aimed at them exclusively.
In conclusion, I transmit herewith a list of the damage resulting from
Security Council resolution 748 (1992) for your information aria for
circulation to the rnembers of the Security Çouncil and the Members of the
United Nations as an official document.
{Siqned) Ibrahim M. BISHARI
Secretary of the People's Cornmittee
for Foreign Liaison and International
Cooperation S/24428
English
Page 5
arrival of rush orders caused serious aggravation of illness and
death in the case of 100 infants at hospitals in the Jarnahiriya. In
addition, the non-availability of the necessary spare parts far the
maintenance of electromagnetic medical equipment, the delay in the
arrival of essential operatlng supplies and the fast that some
medical specialists and consultants were uaable to corne to the
Jamahiriya has resulted in the deaths in childbirth of 20 Libyan
wornen.
- In past years, Libyan pilgrims totalled an annual average of 30,OQO,
while this year the total was approlrirnately 3,500 only. The average
number of Libyan Arabs performing the rights of the Umrah at the
appropriate time was 25,000, but this number will not be able to
perform the rite this season.
- The use of land routes for travel ta and £rom the Jamahiriya led to
an increase in traffic accidents during the past four months over
the figure for the same period in 1991. Traffic accidents increased
from 2,401 in 1991 to 3,788 during tilepast four months of 1992.
The number of deaths resulting from such accidents rose from 389 to
528, an lnctease of approximately 35 per cent.
- Internationalorganizations were unable to fulfil their obligations
vis-à-vis the Jamahïriya, since khe joint programme to study
preventive and training programmes with the World HeaLth
Organization was not Implemented,
- Four meetiags with the United Nations Food and Agriculture
Organizationand the Agricultural Development Fund relating to the
screw-wormfly prograrrimein the Jamahiriya. Four experts of the
screw-wonn fly prograrmne left the Jamahiriya before the end of the
programme.
€1. Economic impact
As a result of tbe imposition of the aerial embargo on the Jamahiriya.
agticultural and livestock production suffered wideçpread damage. Other
economic activities were also affected by the embargo. The resultant loss
amounts to US$ 2,157 million, broken dam as follows:
(a) Impact of the aerial embargo on food production
- $175 million worth of dairy products and derivativeç, iacluding
$60 million worth of milk and infant foodç, was not delivered.
- Exports of vegetables, fruits and fresh fish were affected, which
caused a decline of $60 million in export earnings.
-
The loss in agricultural and livestock production was estirnaded at
$1,062,803,122.S/24428
English
Page 6
This loss reflects the non-production of:
- 25,000 tons of mutton, lamb and goat-m~at;
- 1,750 tons of beef;
- 5,500 tons of chicken:
- 6 million litres of milk;
l
- 250 million eggs for human consumptiani
This resulted from the halting of supplies of veterinary drugs and sera
by air from certain European States such as France, Switzerland, Gerrnany and
the United Ringdom to protect the livestock from1epidemic an8 communicable
diseases, since the proportion of deaths in unihu1ized n2wborn animals came
to 90 per cent. I
- Los8 of 208 million eggs for hm conAmPtion and 7,800 tons of
ehicken that would have been produced by importing 4.3 million eggs
I
for incubation, 204,000 turkey chicks and 1.6 million 16-week-old
chieks under contracts concluded with Èuropean coutries; delivery
was prevented by the aerial embargo.
- The competentauthoritieshave beenunabletoimport$20million
worth of the folldwingproduction input!=needed for cultivation of
existing areas or reelamation of land within the framework of food
self-sufficiency: 1
l
- 3,000 tons of trace elemeats £rom the Énglish cornpaay Fisons.
Production of wheat and barley fell by 30 per cent because of
failure ta apply this kind of fertilize,r.
- 925 kilogrammes of hybrid seeds of various kinds of vegeeables to be
grown under cover in order to produce 96,000 tons to meet
80 per cent of the Jamahiriya's need.fof such vegetableç to an
estirnated value of $158 million.
l
- 1,s million fruit and banana seedlings, seods and roots.
1
- 2,000 swarms of bees from Australka and 20,000 strips of Apistan
from switzerland for bees. 1
1
- The agreement concluded with the ~etherilnds Agropa Company for the
export of 550 tons O£ tomatoes. cucumbefs,eggplant and cantaloupes
to a value of $850.000 was not implernented,
I
- The negative impact of the aerial embargo onagricultural +d
liveçtack production caused it to fa11 40 per cent below the level
before the adoption of the reçalution. 1
l r5
S/24428
English
Page 7
(b) Impact of the aeriai ernbarqo on other economic activities
- The value of credits opened for the irnport by air of various
foodstuffs, operating requirements, drugs and equipment required for
the various economic activities totalled approxirnately $500 million.
and these goods have not yet arrived owing to the aerial embargo.
- The value of non-petrolem exports fell by 44 per cent, sepresenting
a reduction of $234 million.
- The production process in many factories was affected as a result of
the restrictions imposed on the irnport of chemicals and certain
other cleaning naterials needed by theçe factories.
- The delay in the arrival of spare parts needed by factories caused a
delay in the production process and a loss of much time and effort.
- As a result of the cessation of air transport, transport was
diverted to land routes, which cauçed a rise in the use of private
and public vehicles and trucks. This increased the amount of damage
to public roads* The increase was estimated at 51 per cent of the
overall ailticipated damage due to road use before the implementatian
of the aerial embargo. Accordingly, the required increase in funds
for maintenance of the coastal road alone will arnount to $15 million.
- As a result of the cessation of air travel, Libyan Ar& Airlines
lost direct receipts of $145 million.
- The rateofaperationofLibyanAr&Airli~es aircraftdropped
64 per cent from the previousfigure, while the rate of domestic
operation fez1 by 40 per cent, owiag to llpkage with international
traffic.
- The reductionof Arab workers in the foreign offices of Libyan Arab
Airlines and the laying-offof local workers in those offices gave
riseto additionalfinancial burdens resulting £rom workers'
compensation in the amaunt of $2 million.
- The Libyan Ar& Air Freiqht Company bears the costs of maintaininq
its aircraft at a rate of $10 million, without any return.
- The Libyan Asab Air Freight Company lost $6 million as a result of
the halt of air traffic.
- The Libyon Ar& Air Fteight Company bears the cost of wages and
salaries equivalent to $9.5 million, wkthout any economic retura.
- The Light Air Transport Company lost income estimated at
$1.25 million as a result of being unable to obtain the neceksary
spare parts to operate its akrcraft.S/24428
~n~l ish
Page 8
The operation of airports was halted because of the cessation of air
traffic, and this reçulted in a loss o!f incorne amounting to
$2 million. l
The General Board for Civil Aviation apd Meteorology incurred costs
of $8 million representing paymeat of hages and salaries to workers.
I
The Socialist Airports Company incurredl ccsts of $4 million in wages
and salaries for workers, without any Ireturn.
l
The Soeialist Airports Company lost $41.5 million as the result of
the halting af international air trafflic.
l
AS a result of the halting of air trafkic, the Maritime Transport
Company incurred the folloving costs: /
Payment of expenses for rental and purc1ase of passenges vessels in
the amount of $12 million, with no prospect of an economic return.
l
Additional financial commitments as a kesult of the increase in
demand for vessels and other equipmenti. l
1
The genera3 freight traffic in ports ras affected as a reçult of the
increase in passenger services.
i
- The GeneraL Company for Posts and ~ablksl and Wireleçç Communications
sustained additional financial brrrdensl in the amount of $250,000 as
a reçult of the routing of mail tfirough intermediate points.
l
-
There xas a delay rsnging batveen 24 &d 48 kours in the resaipt of
incoming mail and the forwarding of odtIoing mail, and this affected
the activitiesof the other sectors, ipeludinghealth, oil and
banking. l
l
- ~he non-arriva1 of spare parts gave ri'seto the interruption of
interna1 comunicatioas, which had a direct effect on the provision
of essential humanitarian services, such 1 as hospital, first aid and
civil defence services. 1
l
- The receiptsoftbe GeneralCompanyfa,r Poçts andcable andWkreless
Communicationsfell by $8 million as alresult of the aon-arriva1 of
spare parts and lack of the necessary iiaintenance.
The Libyan Arab people is a small people, and its capacities are
limited. However, at the same time, it needç th'enecessary capacities to
defend its extensive tertitory. It has never adtacked ana will not attack
anyone. Nevertheless, the embargo resolution,particularly the ban on the
obtainingof spare parts, has paralysed the defensive capacity of the country
entirely. The continUation of this situation wi131 not serve any par,ey except
l
Gionism, which has ambitions in the region. 1Annex 60 ~151
Exterual smrity oqanisaüon reportedly loses its
independent rde (Tm) TripoLi,21st Oaober: JANA
has learnedthat, Uaccordance with the restnidurinofthe
spea'aliseGeneral PeopIe'sCornmittee- whidihas recently
beenapprd bythe BasicPeople'sCongressesinaccordance
with the new admirtistrativesrniauring of the Great
3- - the merna1 mrity organisationhas been
abolished as an independent apparatus and hm becn
Yiowporated intothe JusticandPublicSecurity Metariat.
Thereforeit wibe subjecitotheGeneralPeople'sCornmittee
for Justice and PublicSenirity.(Jwa inAdic 1135gmi
21Oci 92)PARLIAMENTARY
DEBATES
HOUSE OF COMMONS
OFFICIAL REPORT
FIRST SESSIONOF FIFTY-FIRST PARLIAMENT
OFTHE UNITEKINGDOM OFGREATBRITAIN
4ND NORTHERN IRELAND
FORTY-FiRST YEARTHEREIGNOF
HERMXJESTYQUEENELIZABETHII
SESSION1992-93
COMPRISlNPERIOD
I6 November-27 No1992ber
LONDON: HMSO
£90 net431 WritreAmnvrs 20NOVEMBER1992 WrittenAmers 432
Mr. RobinSquite:The agreementbetween theLondon SCOTLAND
residuarybody andtheShirayamaCompanyprovidesfor
the sale of the riversidebuildingtobe comp1etedin Self%overningHospital TrPsts
October1993. The residuarybodyispursuinthequestion
of thedisposaioftheremaindw oftheCountyHall sitin Mt. Wilson:To asktheSecretary ofStateforScotland
accordancewith itsstatutoryresponsibilities. if self-goveming hospita1 trusts are exempt from
compuhry cornpetitivtendering;and ilhe wilmakea
CapitalReceipts siatement.
ML Nigel Jones:To ask rheSecretard Sute forthe Mr- Stewart:ne Government'sposition on market
Environmentif he willpublisha tableshowing for testingissetOut in the "Com@ng for
couniy counOlin Englandthe rotaamouni ofunapplicd Q*litf* and tnil&-have kn to of
this.TheGovernmentwillix monitoring the positionto
capitalreceipts. ensurerhattheknefitsof obtainingbat valueformoney
arerealisedin ordetoimprovepatient are.
Mr. RobinSguire [pursuonrto themwpr g~en on j
No~lember1992, OficialRepor!,coltrmn3711:The total
usablereceiptsforeachcounrycounciinEngland as at 31 SuperannuahriDivision
March 1992 are shawnin the table.
Mr. Rapiond S. Rober~son:Toask the Secretaryof
State for btland wben he plansto establish the
superannuariondivision of the ScottishOfficeas an
Avon executivagency.
Bedfordshire
Berkshire Mr. Lang:I announcedon 6 March,Oficrnl Report,
Buckinghamshire
Cambridgeshire col.335,thatunderthe Next Stepçinitiativethe Scottish
Cheshire Offic seperannuationdivisionwas to bedesignatedan
Ctweland executivagency. 1have now dacidedthat thechangein
Cornwall statushouldtakeeiïecfrom thestsrtof thenextfinannal
Cumbria year.on EApnl 1993. The agency willix knownas the
Derbyshire
M n ScottisOfficePensionsAgency (SOPA).Foilowingopen
Dorset cornpetitioMT.NormanMacLeod,cumntly head ofthe
Durham Scotrish Office superannuation division. has ken
EastSussex appointedchierexecutivof thenew agency.
Essex
Glouc~stershjre 243
Hmpshire 52
HerefordandWorcester 1.318
Henfordshire 853 Mr. ChrisSmith: To ask the Secretaryor Sratefor
Humhide 5.369 Scotlandwhal auantitvol HCFC72 1spurçhasedbyhis
Department perannum.
Lancashire 1.96t Mr. Lang [holdingamwer /9 ilinrernhc19921:The
Leicestershicc L519 inromation tequired could be obtaincd only ai
Lincnlnshi~ U disproportionatcm.
Noriolk 2.409
NorthYotkshirc 651
Northamptonshire 11,829 OzoneDepletion
Nottingtiamshire 328
Oxfordshire O Mr. Chris Smith: To ask the Secretar oyState for
Shropshire 1,029 Scotlandif hewillgve anunderraking to purchaseonly
Sornerset 140 ozone-friendlyiridgesthat do not containçhlorofluaro-
StaKordhire E15 çarbonsor hydrochlorofluorocfa orhtnDsepartment.
Suffolk 386
Surrey MS Mr. Lang [holding ansnver19i\'or~mber1992j:The
Wamickshirc 953
WestSussex O ScortishOfficewillpurchasefrïdgeswbichdo norcontain
Wilishire 350 CFCsar HCFCs whenrheyare availablein the marker
placeand providedrhattheyoffergood valuefor money.
PRIMEMINISTER
Mr.NigelJones: To a~ktheSecrefaryof Statefor the
Environmenr i1fie willpublisha tableshowingfor each
housin gutherityIn Englandthe mounr ofunapplied
capital receiprsfrom(a) housing salesand (b) other Mr. John Greeaway: To askthe PrimeMinisteril he
capitalsala.
willmake a starementonwhatLibyahasdonerocornpl!'
wirh SecurityCouncilresolutions731 and748and Her
MI, Robin Squire[pursuani ioLisrepiy, Novembcir Majesty's Governrnent'spolicy to bring Libya :O
1991 c.3711: 1have arrangedfortherend iniomation cornpiiance.
to beplacedin rheLibraryof the House.
Sepamtefiguresfor housingreceiptsand othecapital The PrimeMister: Itjsou? policy thatLibyashould
recerptsareno[ available. implement infulthetwo SCRs to whichthe hon.Mernhr1 433 WritteAnswers 20 NOVEM IBER 1992 WrirrenAnsirers 434
l
has referred.Neithwe nor theotherCO-sponsorosfthe unplicationsofthe visit by custornç offitorMatrix
resoiutionin quesrion,FranandtheUnited States,will Churchill.twaslnotcopiedto other MinisterIt wiIbe
besatisfiedwitlm. Unfortunately1cannotreportmore Ior Lord Justic/%oitto conriderthe relevanceoï thir
thanlimitedsuccm arthi stage. documen tttheifnplementatioof Governmentpolicyon
During thesummer the Libyanauthoritidosed,and theexportof defenceequipmentta Iraq.
insomecase sismanile& many ofthe camps previously 1
usedto houseortrai te~rorist. heyhavealsogiven us
informationon their fi& with the ProvisionalIrish
RepublicanAmy which webelievemay prove useful.We
welcome bth these developments as steps towards
demonçtratiagtbatLibp has renouncadterrorismcalled MI.Ra: ~ isk the Secntaral StateforForeign
forin SCR731 and 7-48. andCommonwylth ARain whciherthe UnitedNations
But the Libyansmust takefurtherstepsinorder to speciainspectiocommissioninvestigatinIrdqchernical
comply fullywith those resolutions.lnparticulit is weaponr produc+ sites at Ramadi.FallujahSard-16.
necessa for themtosurrenderfortrialin Scotlandorthe Siman Pak. Muthanna and Samara,respectively.found
United States thiwo a d of mponçibilityfor the any UnitedKiogdomongin technoiogy orchernicalal
hkesbie bombing and for themto satisfy the French anyof rhesesitek
demandsFor mperation onthe investigationinto the
UTA bombing.Libya can besurethata trialin Sçotland Mr. Douglas, Hogg: The United Nauons Spetinl
Commission iys provided infornatron on Unlred
will faira ,ndin accordancewith normal Scottish
procedura,includingtrialbyjury.IftLibynn csnvince Kingdom supplipmaterialsandequipmentdiscoveredin
us that thehave deeidedtosurrende rhe two suspects, Iraq. Any evidqnceof breachesof export conrrols are
then we would be willingtomeet them todiscussthe urpntly investigatedand if substantiatewould be a
meehanics ofbandhgthem over. matterforthe cburrs.
We haveno hiddenagenda and weare not=king to
use this issueunderrninetheregimein Libya.Butitis Kashmir
now a yearsincethe warrants CortheIwo awused of Mr. Cox:lolsk theSecretaryorStüteTorForeignand
bckerbie wereissued. Tberecan k no questionof any Commonwealth Affain when he lasdiscussrdwirhthe
relaxationofUnitedNationssanctions,completeor in Govcmmenl oqindia thecurrentntuiïtlon in Kashmir:
parl,until hbya fio urrenderedthe two accu& of
Lockehie andsatisfieFraichtequirementson UTA. If andifhe wilmakea staternent.
theydo, rhisituatiowilllxtransfod. Iftheydo not, ML ~ennoxi~o~d: My righthoii. Friendihc Secretary
the consequenceçfor Libyaarebound tobe jncreasingly
serious. of Statefor Eoreign and Commonwealth Affzirs last
discd the/ritualion in Knshrnirwiih thc Indiiin
Government dirringhis visit roNew Delhi o15to Ig
lanuary 1997. Minisrersand officiülhave discuswd
Mr,DalyeU: Toask thePrimeMinisterIfhewillmake Kashmirwirh the lndian authoritieson ;inumbcr of
occasionsince'then.
a statementon the letter,refer000399,dared 20Jude l
1990,from the principalprivatesecretatrythenoble
Lord. Lord Ridley,thenSeçreta rySute forTrade and
Industry, toibe privatesecfetary to thchaiman of Mr.Dumm,: lTc ask rheSecretan.ufStaicOr Foinpi
Customs and Ex*, undertheheading"Exporrsto Iraq" and Commonwtalth Afhirs what assurances he hsis
wbich was copiedtohrm as Chancelloofthe Exchequer.
andthe previousletter,referen090395.copiesoTwhich receivedfronijthc Chinesr rimbas.iadcoaccrnio-the
have ken sen o hiiim. weil-kingandtrwtrncntorpnsoners attheLingyuanNO.
2 lahourrefo~ detachment inLiaotiing prolinoefthe
the Prime Minister [holdingansiver 16:Vovemh~r People'sRcpublicof China.
19911:The kt dccurnentto whiehthe hon. Member l
refersrelatato uinsuItationsbetween Her Majesty's Mr. GoodladNone. WC take everycipportunito put
Customs and Exciseand the Departmentof Tradeand on record with the Chincse authorities our serious
concernsabouIthumanriphts.includingtherre~irmrntOU
Induçup yriotoa fact-findingyisiCustom sfficerto prisonersderainedat the LingywnNo. 7 labour ref@m
the premisesof Matrix Churchill.A reply [rom Her dcmçhment. 1
Majesty'sCiistomand ExcisetothDepartment orTrade
and lndustry dated 22 June 1990made it ciear that
decisiansabut anyfollow-upactionwould reswith the
Commissioners of iieMajesty'sCustomsand Excisein
accordance with their statutory responsibiii. hese Sir~horn4 Arnold:To ask rhcSccrertiry of Siate For
documents were copied tomy PrivateSecreta.in the ForeignandlornmonweulthAffaits whütassessrnentas
been made O! theconsisteneywiththeBasic Law ofthe
Treasury.Treasiuyrecord do not reveawhetherI saw proposaisfoqdernocrac-in Hong Kong: andif he will
thiscormporidenee,but1 haveno recollectionof having make astarGent.
done so.The thenPapaster Generalwasresponsible in
the fint instancfer matters involvinHer Majesty's Mi. Gdiad: Weandihe Govornortoot hi1 accouni
C?istomsan 'Facise. of theprovisionsoftheJoint Declararionandth? Basic
The seconddocumentis anintemalsubmissiondared Law in develapinethe proposais rhat he iinnciuoned
14June 1990to therighthon.LordRidley,ihenSecretal 7October.We havepressedtheChinescsidctochange the
of State Car Trade and Industry. coiiceming the BasicLaw toallow for an increasr:ithe num#r of
lAnnex 62UNITED
NATIONS
General Assembiy Çecurity Council
Diçtr.
GENERAL
-
A/47/758
S/24913
7 Deeember 1992
ENGLISH
ORIGINAL: ENGLISH/FRENCH
GENERAL ASSEMBLY SECURITY COUNCIL
Forty-seventh session Forty-seventh year
Agenda item 69
REVPEW OF THE IKFLEMENTATIONOF THE
DECLARATIONON THE STRENGTHENING
OF INTERNATIO!YAL SECURI'TY
Letter dated 4 Decenber 1992 £rom the Permanent Representatives
of'~rance. the United Kinsdom of Great Britain and Northern
Ireland and the Unitgd States of Ameriea to the United Nations
=ddressed to the Secretarv-General
We have the Bonour to circulate herewith the telrt of a tripartite
deçlaration issued by our three Governments on 27 Novernber 1992, the
anniversary of the tripartite declaration on terrorism followingthe
investigationinto the bombings of flights Pan Am 103 and UTA 772
(A/46/828-S/23309Im
,We should be grateful if you would have the text of the present letter
and its annex cireulated as a document of the General Assembly, under agenda
item 69, and of the Security Council.
(Sianed) Jean-Bernard KERIMEE (Sianed) D. H. A. HANNAY
Permanent Representative of Permanent Representatkve of
France to the United Nations the United Kingdom of Great
Britain and Northern Ireland
to the United Nations
(Sianed) Edward J. PERRINS
Permanent Representativeof
the United States of Amesica
to the United Nations
92-77868 3727i (E) 071292A/47/758
Si24913
Engl ish
Page 2
:
and Northern Ireland and the United ~tdteç of America on
Libvan terrorism
One year ago today, the United States, rance' and the United Kingdorn
declared tbat, "following the investigationsinto the bombing of Pan Am 103
and UTA 772, the three States have pxesented specific demands to Libyan
authorities related to the judieial procedures that l are under way. They
require that Libya comply with al1 these demands. and in addition, that Libya
commit itself concretely and definitively to cease,al1 forms of terrorist
action and al1 assistance to terrorist groups. Liibya must prornptly, by
concrete actions,prove its renunciation of terrorism".
0. II January 1992, the United Bations ~ecurilt~ Council, in
resolution 731, deplored Libya' s failure to respoddpositively and called upon
it to do so imediately. On 31 March 1992. the ~dited Nations Security
Couficil, in resolution 748, erpreosed its deep colern that Libya still had
not fully complied with resolution 731 and imposed mandatory sanctions upon
Libya to persuade it to comply. These sanctions Atered into force on
15 April 1992.
Today, the United States, France and the uni& Kingdorn conaemn Libya's
failure to comply with the requirements of the United Nations Security
Council. The Eibyan Goverment continues its attempt to escape its
international obligations through equivocationana delay. By its evàsion,
Libya continues to flout internationallaw.
On this annlversary, the three States serongl,y reaffirm their single
objective with respect to Libya: prompt, completel and unequivocal cornpliance
wirh the tems of United Nations Sesurity Council Iresolutions 731 and 748.
Justice for a11 441 victirns of the Pan Am 103 and UTA 772 bornbings, and
international peace and security, which is threatdned hy Libya's support of
terrorism, require no less.
Accordiagly, the United States, France and tde United Kingdom are
determlned to intensify their efforts, in close c&operationwith the United
Nations Secretary-General, to make the sanctions &ted by the United Nations
Security Council in March yet more effective. cal1 upon the Goverment
of Libya to end its deflanceof the international 'cornmu~it~. Libya's
continuecl failure to fulfil its international obi&ations xill only result in
furthering its isolation £rom the world community. .The United States, France
and the United Kingdom, together with al1 rnernbers of the international
corrtmunity,will continue clasely fo rnonitor ~ib~a'k actions. The Goverment
of Libya is greatly mistaken if it doubts their rdsolve.Annex 63a C
UNITED -
NATONS
I
Secutity Council Distr.
GENERAZ
S/24961*
16 December1992
ORIGXHkL: ENGLISH
LETTZRDATED9 DSCEMBEB1992 FROMTHE PERMAWENTREPBESENTATIVE
OFTm LfBYW ARAB JAMMIIRIYTO THE mITED NATIONS ADDRESSED
B TOTHE SECRETARY-GENERAL
1 1 havethe hoaourto encloseherewitha letteraddressed toyou,from the
Secretarya£ the GeneralPeople'sCornittee forForeignLiaison and
XnternationalCoaperation, 1would be gratefuiif thisletter be distrimted
as a documentof theSecurity Council.
(Siaed) AliAhmed ELEIOUDEIRI
ambassador
PermanentRepresentative
l
* Reissuedfor technical reasons,S124961
English
Page 2
Annex
Letter dated 8 Deeember 1992' from i e Secretary of the General
Peo~le's Cornmittee for Foreian Lia: on and International
Cooperation of the Libvan Arab Jami iriva addressed to
the Secretarv-Ge lral
[Original: Arabie]
1 have the pleasure to convey to you si3 ere greetings and the greatest
appreciationfor the outatandi~g efforts you re making to seek a peaceful
solution to the ongoing crisis between my coi try and the United Kiogdom,
Franee and the United States of America.
X take the occasion of assumingmy funct ons as Secretary of the General
People's Cornittee of the People's Bureau fol Foreign Liaison and
InternationalCooperation to express to you n IuLl readiness to cooperate
with you and with the SecurityCouacil with : view to reaehing a peaceful
solution tu the ongoing criçis between my cor try and the three eountries
concerned.
As you are aware, the Jamahiriya hos on everal occasions proclaimed its
coademnation af international terrorism in al its Eoms and has affirmed its
acceptance of and readiness for full and cons ructive cooperation for the
irnplementation of the provisions of Security ouncil resolutioa 731 (1992).
In this connection, mp country has under aken the following:
1. It has severed its relations a th al1 groups and organizations
suspected of invalvement in acts of ter1
rism.
2. It âoes not permit its territa y, its nationalsor its
institutions te be used for the commissi ri, directly or indirectly, of
acts of terrorism, and it is prepared ta impose the severest penalties on
anyoae proved to have been involved in s :h acts.
3. It has deelared that there are not ia its territory any camps
for the training of terrorists, and it h s invited the Security Couacil
or anp international body it may appoint to verify that fact on the spot.
4. It has cooperated constructive with the Goverment of the
United Kingdom, as attested by British o Cicials thernselves, with a view
ts traeing those elernents and organizati 1s accused by the United Kingdom
of involvement in terrorist aets.
5. It has maiatained contacts and Eacilitated direct and intensive
talks betwesn the judieial authosities O the French Republic and of the
Jamahiriya with a view to determinirig re ?onsibiLity in the case of the
bornbing of the French UTA flight 772. S/24961
English
Page 3
The French and tibyan investigating magistrates have met eacb other on a
nwnber of occasions, ana the French examininq magistrate has examined the
records of the investigation conducted by the Libyan magistrate entrusted with
the case. It bas been agreed that the French magistrate sho-uld corne ta the
Jarnahiriya to complete bis investigations and, despite the obstacle that has
prevented that, contacts between my country and the French authorities
continue to be maintained for the purpose of making renewed arrangementsfor
the French magistrate to come to Libya.
My country has also cobperated with the French authorities in respect of
their othet requests as set forth in document S/23306, subaiitted to the
Secretary-Generalon 30 December 1991.
Having undertaken all of the foregoing, my country believes that there
remaias onlp the matter of the legal prosecution of the two Libyans suspected
of being coripoctea with the case of United States Pan Am fligbt 103, whlch
crashea over Locherbie, Scotland, in 1988.
ks you RPOW, and as is the legal nom in al1 countries of the world, the
laws of my country prohibit the extraditionof its subjects to otber
couatries. Moreover,the 1971 MontrealConvention lays dom the procedures
relating ta jurisdiction in such cases and, imediately its two citioens were
charged, my country appointed an investigating rnagistrate and expressed its
full readiness to cooperate with the judicialauthorities in the couatries
coneerned witn a view to elvcidating the truth. Ita action did pot,
regrettably, meet with a positive response from the parties concerned.
Accordingly, the People's Bureau for Foreign Liaison and Internakional
Crïoperation presented the issue to the Basie People's Congresses (the
legislative authority), and tbey adopted a resolutio~ ta the effect tbat they
had no objection to the two suspects being brought before a Just aud fair
tribunalto be agreed.upon. T'bat resolution was communicated to you at the
time.
On the basis of the resolution adopted by the Basic People" Congresses,
my country declared mat, while it had no objection to the twa suspects
appearingof their own accord before United States or British courts, it was
prepared to enter into negotiations with the eouatries in questionI under the
auspices of the Secretary-Generalof the United Mations, on tbe trial being
held in a neutral country to which the parties to the aispute had no objection
and in which there was every guarantee of arriving at the truth, which we deem
to have beem the goal sought by Security Council resolution 731 (1992).
Our proposal that the trial should be hdd in a neutral country bad been
prompted by the desire that there should be every legal and psychologieal
guaranteeof reachiag the truth as soon as possible. If the parties concerned
are confidentof the probative value of theit evidence, it is meaningless to
insist that the trial should be held in their territory without any support In
law or in internationalcovenants.Ç/24951
~i~lish
Page 4
The focus should now be on the site of the dtial and not on the principle
of prosecution, whieh ore not only support but inkist upon.
On the basis of the foreqoing, it must be oblvious to you that Libya has
earnestlp and eff ectivelp implmented Security ~c!uncil resolution 731 11992 ).
111 requesting you to present ~i. tenor of this ldtter to the Security Councii,
it hopes that you el1 exercise your good offices!l with a vieor to seeking a
positive responss to this initiative from the parties conceraed so that a
solution ir reached that vil1 ensure that the trl is brought to light and
the file on this case is clossd. There is $enceforth no justification for Itç
continuance except $f the couiltries in question are aeeking to invoke this
issue in order to achieve other objectives.
1 am sure you agree with me that what my country has done in terms of its
cornpliance with al1 the reqvirementsof Security Council resolution 731 (1992)
and the praetical proposais that we have presented to you in this letter will
remove any justification for the cootinued irnpl&ntation of âeeusi ty Council
resolution 748 (1992). The latter tesolutionhaid in£ licted on the Libyaa
people grave demage and a great ordeal, and I tr-ait ta pu hereraith a
dctailed dossier theroon with th. requert that yju present it to the Security
Council. 1 request you to use yeur best endeavours to have resolutioa
748 (1992) reseindsd, given mat the reasans for its maintenance no longer
obtain.
(Signed) Orna{Mustafa AL-MüHTASIB
Seeretary of the General people 's Corrittee
for Foreign Liaison
and ~nt'einatianal CooperatiùnI l
I l
m .UNIT f D
NATIONS
I
Çecurity Council Distr.
I GENERAL
S/24961JAdd.l
D 18 December 1992
EHGLISH
ORIGINAL: ARABIL
I
I
LETTERDATED 9 DECEM&EB1992 FBW TEE PERMANENT REPRESENTATIVE
OF THE CIBYAM ARAB JMAHIRIYA TO THE UNITED NATIONS ADDRESSED
I TO THE SECRETARY-GElmRAh
Addendm
I
IMPACT OP TEE IMPLEMEHTATION OF SECLRITY COUNCIL
1 RESOLUTION 748 (1992) DUIlINE TEEPERIOD FROM
15 APRIL TO 15 HOVEMBER 1992
Since it was first imposed on 15 April 1992, the implemeatation of
w Security Council resolutioa 748 (1992) has caused injurp to the Libyon Arab
people in varioushumanitarian and economic aspects of life, as follows:
I
Humanitarian imact
B
As a result of the implementation of the aerial embargo on the
Jamahiriya, its citizens and various categories of aliens resident and working
I there have beee egposedto a ninaberof negative and highly dangerous
humanitarian effects and repercussions, of which we give examples below.
1 It bas ken impossibleto send abroad approximately 5,445 critically il1
patients, vho cannot be treated locally and require direct transport abroad by
air. We mention in particular the urgent cases who wuuld formerly have been
I tra~sportedby air ambulancesor otber passenger oircraft, such as cardiac
patients, eomplex embolismpatients, kidney transplant cases, separation of
the retina cases, patients requiring brain surgery, neurosurgery or spinal
I transplants anü various burn and cancer cases. One tiundredand fifty of tbese
seriausly il1 patients have died while bekng transported by land to the
airports of neighbouringStates, owing to the severity 05 their condition and
I the length cf the journep.
The halt in air travel has delayed the arriva1 of the bodies of Libyan
I citizens who died abroad and slso the transportation to ïheir countries of the
bodies of aliens who died in the Jamahiripa. The number of aliens who died in
the Tripoli muaicipalityalone durlng this period was 118. In addition,'there
I
92-83086 36759.{E) 191292 201292 1.. .
I
I l
Ç/24961/Add. 1 I
Engliçh
Page 2
1
were the humanitarian and health problems in the transportation of
these bodies through a number of parts.
The condition of many allergy patients has also deteriorated beeause of
the delay in the arriva1 of certain drugs normally imported by special fast
order and sortiof the necessary operating equipment and beeause of the
suspension of maintenance services for medical and electromechanical apparatus
as a result of the non-arriva1 of spare parts by;air. This has resulted in
the death of 150 nursing infants ,and 45 Libyan wpmen in childbirth In the
hospitals of the Jamabiriya.
l
It has beeri impossible for many medical andlparamedical personnel to
accept work in the Jamahiriya because of the difficuLties facing them. Some
1,703 medieal and paraniedical personnel contracted to wcirkin the variaus
health facllities were unable to come. In adtlition, more than 100 medical and
par,amedieal personnel present their resignaticinsieach month, so that the
number of those who had resigned in each miuiickpality up to mid-November
totalled more than 700, which caused disruptionsi in the provision of health
services in the various facilities. I
The aeriil embargo ha. cauoed a delay in th aeriva1 of consignnents of
medical supplies and *fficulties in obtaining (ieir release because
information and documents for the consig~meatsdi8 not arrive on the. There
bas also ken difficulty and confusionin the delivery and storage of al1
vaccines, sera, blood derivatives, hormones, 1-ratory agents for AIDS and
irradiated iodiae. Tnese are exposed to spoila- as a result of aerial
conditions and handling aboard ship and in ports:,which bas actually caused a
modificationof infantile paralyais vaccine owing to its delivery by îhis
method. In addition, there is the difficulty ana lsck of control over the
transportof deliveriesof anaesthetics by sea, linasmueh as a large part of
the eonsignments sàipped by the Jgnssem compsnp bere lost,
l
Orders to replace esbausted medieal supplie's such as drugç, apparatus,
and essentiais bave been delapsd, iecluding 156 lorders relating ta sera,
vaccines, laboratory teagents and operational materials, this has a£fected the
level of the provision of medical services, I
I
The programmeof visits by medical professo=s, speeialists pnd lecturers,
invited fram various universities and eolleges in Àustria, Yuqoslavia,
Germany,Switaerland, France, ftalp, Poland and Bulgaria, has been obstructed,
and approïtimatelp 130 professors sn8 specialists/ in vsrious medical fields
have been unable to corne to the ilmahiripa to trpat il1 and critically il1
patients, perform delicate surgieal operations, participatein University
examinations and take part in scientif ic conferences, nedical syniposiums and
other meetings held in the Jamahiriya.
i
The joint programme agreed on with the worlld Bealth Orgaaization (WBO)
has been held up, since most of the visits ofe*ests and work teams assigned
by WHO were caneelled or postponed. This consti:tutes an obstacle to khe
development of the health sector, impedesbasicihealth care prograna=s, S/24g61/Add. 1
Engl ish
Page 3
endangers healtù cooperation and prevents the aetainment of WHO'S objectives
of implementing a health strategy for al1 by the year 2000.
-Q. a result of the aerial embargo, road traffic to ports and neighbouring
countries bas increased, leading to an inctease in traffic accidents. Traffic
accidents increased fsom 2,401 in 1991 to 4,318 in 1992, for the same period.
The rider af deaths increasedfrom 389 to 691, an increase of approximately
100 per cent.
S .
The aerial embargo has made it difficult for Libyan deleqations to
participate ia a numbes of internationaland regional conferences, as well as
scientific symposiums and çeminars.
A number of Libyan citizens bave ken unable to perforrn religious rites,
such as the Hajj and the Zlmrah, because they were unable to find means of
transport to the holy places that were appropriate to the health and
disposition of each pilgrim, as well as cornfortable.
Eeonomic impact
As a result of the imposition of the embargo on the Jamahiriya, the
national economyhas been exposedto considerable damage, and economic
aetivitieshave also felt the impact of the embargo, inasmuch as the
accessibledirect loss may be eatimated at approximatelp $2.2 billion.
We
give some examples below:
-ood
The loss'in agricultural and livestockproduction frornthe date af the
imposition of the embargo to 15 Novemüer 1992 was approximately
$1,474 million. That was due to the haZt in air deliveries of veterinary
drugs and vaccines from certainEuropeancouatries, such as France,
Switzerlaad, Germanp and the United Kiaqdom, and it resulted in the
non-hplementation of the prograamie for the protection of livestack from
epidemic and conmiunicable diseases and a proportionate knerease in deathç
among non-vaecinatednewbosn animals .
Air shipments to the Jamahiriya were balted, and other me& of transport
were employed for delivesy of ineubator chicks and eggs.
This lsd to a
aecline in incubation rates and a rise in death and breakage rate and,
conçequeetly, to a decliae in the amounts of pouJtry and poulrry products on
the markets.
The aerial embargo also affected the flou of certain basic and essential
consumer goods, in particular dairy products, such as milk and infant
formula. The meat supply was a3S0 affected. There was a delay in the arriva1
of certain items essential for agricultural production. S/24961/Add .l
English
Page 4
Experts and industrial aroduetion
The programme for non-oil Libyan exports, particularlp those goods that
used to be exported by air, such as vegetables, fruits and fiçh, has seen a
fieclin= of 44 psr cent belor the target figure or Bn estinated $234 million,
as a result of the need to export them by land or by çea to an alternate
shipping point. This is in addition to the necessity of erporting to markets
that will reafize a lower return for these exports'
i
The value of credits opened for the delivery hy air of the various
fo~dstuff s, operat ional requirements , drugs and thé equipment needed for the
various economic activities totalled $500 million,;butsome of theçe essential
goods, in particular drugs, did not arrive on tirnel
The production process in rnany factories has been aftected as a resuit of
+therestrictions impoçed on the import of chernicals and certain cleansing
materials required by the factories. The spare parts necessary for the
f actories have also been delayed, as has the arrivb of maintenance and
assembly technicians and experts, and this bas delayed the production process.
I
Transport and communications i
l
As a iesult of the halting of eaternal air transport, Libyan Arab
Airlines bas lost direct revenuesas a result of aldeciine in sales amounting
to approximately $254 million. Moreover, the operaeing rate of the company's
aircraft ha. declined by 70 per cent from the figure prior to 15 April 1992.
~he security ana safety of interna1 air transbort a.. been endangered es
a reault of îhe unavailability of spareparts, thel impossibility of carrying
out required periodie maintenanceon time and the pecrease in stocks of spare
parts in Company stores,which have also caused ai increase in the number of
aircraft out of daily'operation, affecting 50 per Fent of the total fleet.
Th6 csnipaap is incurring financial costs 9mouhting to $80 million for the
payment of employees' salaries ana mages, rental ok offiees at home and abroad
and settlement of outstanding benefits withorit ear!ning the plamed econmic
return. l
I
The cessation of externa1 activity by the ~i&an Arab Aïr kreigbt Company
ha$ caused the loss of large çums which woula have been earned under expected
contracts, as rell as a loss of earnings from cont!acts already concluded
amounting to $6 million.
i
The Company is bearing the costs of salaries and wages amaunting to
$9.5 million,as well os the expense of maintaiaimg its aircraft
(510 million), without earning the plannedecoaomic return,
l
The Light Air Transport and Technieal Services Company has lost iécome
estimated at some $1.25 million as a result of faiZure to obtain the s@are
parts required for progrmed maintenance and oper)tion of its aircraft.
I S/24961/Add.l
English
Page 5
The General Board for Civil Aviation and Meteorology bas incurred costs
of $8 million representing payment of wages and salaries to workers vithout
earning the planned return. It also incurred an annual loss of over
$3 million as a result of the halt in air traffic.
The Çocialist Airports Company has incurred costs of $4 million in wages
and salaries for workers without earning the planned economic return. It has
also lost income from parking and take-off fees and other services, amounting
to $5 million, as a reçult of the halt ie,international ais traffic through
the airports of the Jamahiriya.
Freight traffic at parts has been affected by the provision of daily
passenger transport services £rom those ports. This has had an adverse effeçt
on the services provided to freight vessels, in the fom of delays which
generate additional charges. Thus, the rates of depseciation for ships and
other equipment have zisen to between 20 and 25 per cent above normal,
It has been necessary to hire or purchase boats to overcome the problem
of transporting passengersfrom and to the Jamahiriya, at a cost of
$14 million, with no prospect of economic return.
The increased use of private and public cars and lorries on land routes
has resulted in a greater incidence of damage to roads. This in turn bas led
to additional expenditureon maintenance amounting to over $15 million, as
well as spending to cornpensate for increased wear and tear and maintenance for
al1 means of transportand increased fuel consumption,which it has nat pet
been possible to quantify.
The annual reeeipts of the General Company for Posts and Cables and
Wireless Conimunications have gallen by about $8 million from their level
kfore the embargo as a result of the non-arrlval of spare parts and lack of
necessary maintenance. The Company has also sustained additional financial
burdeas in the amount of 8314,000 as a result of the routing of mail through
intermediatepoints.
The increased delay, ranging between 48 and 72 hours, in the receipt of
ineoming mail and the forwardfng of outgoing mail has further affected the,
activities of the oil, banking and information (receiptand distribution of
foreign newspapers) seetors. The disruption of comuilications has had a
direct effect on the provision of essential humanitarian services, such as
hospital, first aid and civil defence services.Annex 64 Security Council
S/26139
23 July 1993
ENEL1ÇH
ORIGINAL: ARABIC
LETTER DATED 19 JULP 1993 FROH THE PERMANENT REPRXSENTATLVE OF
THE LIBYAN ARAB JAMAHIRIYA TO THE UNITED NATIONS ADDRESÇED Tû
THE SFCRETARY-GENERAL
1 have the honour to transmit herewith a report updating document S/24428
dated 14 August 1992, concerning the damage resulting £rom the implementation of
Security Council resolution 748 (1992) for the period 15 April 1992 to
30 April 1993.
I should be gsateful if you would have this document eireulated as a
document of the Security Council.
(Sianed) Ali Ahmed ELHOmERX .
Permanent Representative
93-41394 (E) 260793 260793 S/26139
English
Page 3
- The maintenance services for medical and electromagnetic equipment
used in health facilities are out of operation because of the
non-arriva1 of spare parts, orders for whieh totalled $10 million.
The technicians reçponsible for the maintenance of this equipment are
unable to corne to the country, and this haa led ta the suspension of
some services in many hospitala.
- The condition of many allergy sufferers has become critical because of
the delay in the arrival of drugs imported by special rush order. In
addition, there is a delay in the arriva1 of esçential operational
rnaterialç, which has led to the death of approximately 200 infants in
the hospitals of the Jamahiriya and the deaths in child birth of 50
Libyan women.
- The joint programme agreed an with the World Health Organization (WHO)
has been obstrueted. Most of the visits by experts and work teams
scheduled by WHO have been eancelled, and this constituteç an obstacle
to the development of the health sectos and irnpedes prirnary care
programmes. Health eooperation is jeopardized, and attainmeat of the
WO objectives of achieving a health strategy for al1 by the year 2000
is impeded.
- The arrival of consignmentsof medical supplies has been delayed, and
it has been diffieult to unblock them because of non-arriva1 of data
and samples of each consignment at the appropriate tirne. Difficulty
hao arisen in the delivery and storage of al1 sera vaccines, blood
derivatives, hormones, AIDS-test reagents and irradiated iodine, and
they have been exposed to spoilage and loss as a result of being
imported by sea, which aetually caused a transmutation to occur in
infantile pàralysis vaccine. Many manufactusing countries are
inquiring about a way to ahip these drugs that require air transport.
This has eauaed further delays in the arrival of consignments and,
eonsequently, their non-availability in drug stocks. In addition,
they are exposed to ldss and spila,ge as a result of atmospheric
conditions and the way in whieh they are handled on board vesselç and
in port, as happened in the case of the consignmentdelioered by sea
£rom the TANSSEM company (anaesthesia and anaesthetics), when a large
portion was lost.
- One hundred and fifty-six orders for medicines, eguipment and other
requirernents were delayed. The orders related to sera, vaecines,
laboratory reagents and operational items. The total value was
approximately $50 million.
- As a result of the aerial embargo, traffic has increased on the land
routes linking the Jamahiriya with neighbouring countries,and this
has led to an inerease in road accidents to more than twkce the
previous figure. We should liketo draw attention here to the
grievous accident that took the life of the late Ibrahim Bakkar,
Secretary of the General People's Cornittee for Justice and Public
Security, on 6 January 1993, during his return to the Jamahiriya after
attending the Meeting of Arab Ministers of the Interior held at Tunis. Sj26139
English
Page 4
II. Economie impact
As a result of the imposition of the aerial embargo on the Great
Jamahiriya, the national economy vufferedwidespread damage. Econmic
activities were also affected by the embargo. So far as it is possible to
estimate, direct losses amounted to approximately $2,400 million, broken down as
follows:
A~riculturai and lkvestock ~roduction sector
The embargo resulted in the decline of approximately 40 per cent in
agricultural and vegetable production. This damage may be summarlzed as
follows :
1. Plant ~roduetion
We rnaysummarize the impact on this sector as follows:
- Inability to import a sufficientnmkr of seedlings of variaus trees
and the necessary requirements-
- Inability to import hybrid vegetable seeds, greenhouse requirements,
etc.
- Difficulties with regard to the swarms of bees whose import £rom
Australia was agreed on and difficulty in importingApistan strips to
treat the epideinic of varroa-mite discase affeeting the bees.
- Diffieuléies in obtaining the seed samples required for
experimentat ion.
-
Halting of the campaigns to deteet and corabat the Saharan locuat,
wing to non-availability of spare parts fer agriculturaL aircraft,
desert vehieles and pesticides for locuste.
- HaLting of dealings nith the sector by foreign flrms with regard to
the establishment of a laboratoryto analyse agriculturalpesticide
and fertilizer residues.
- Disruption of.the programme to export locally produeed fruit and
vegetaùles, since a 44 per cent deeline below target was registered,
representinga value of $234 million. The value of the credita opened
for the delivery of varlaus foodstuffs, operational necessities, drugs
and equipment necessary for the various eeonomic activities by air
totalled $500 million, and to date some of these goods have still not
, arrived. In partkeular, drugs have failed +O arrive on the.
The volume of materkal damage affecting plant production and the esthated
value may be summed up as follows: 5/26139
English
Page 5
- Fruit-tree seedlings 50 per cent of the
seedlings
- Vegetable seeds
- Fruit and vegetable exports 100,000 tons
- Honey researeh and production
740 çwarms
- Winter grain crops 158,000 tons
- Sumer grain crops 10,800 tons
- Winter and eurmner fodder crops 678,000 tons
2. Livestock
The impact of the implementationof 'the reçolutian may be summarized in the
following points:
The arrival of veterinary supplies impcrted from some European
countries such as France, Switzerland, Germany and the United Kingdom
has ceased. The most important of such supplies are the vaccines that
constitute the basis of livestoek production, sinee without them the
deaths of non-immunized stock amount to 90 per cent. There was also
an absence of the preventive and diagnostic tools and veterinary
treatment, whieh affected the implementation of prevention and
treatment programmes and, conaequentlyfodder consumption and
reproductive cycles.
- The dispatch of samples to international authorities with whkeh close
coaperation had been established has been stopped, rendering diagnosis
or analysis problematie.
- The arrival of consignments of chickens, ehicks and eggs for
incubation, imported from the Netherlands, Belgium and France, has
ceased.
- If we examine the material losses of livestock, we find thet it is
very large and increases daily. The proportion of still births among
sheep was approximately 55 per cent, or a loss of approximately
1,544,000 animals. Among fernales giving birtb it was approximately
10 per eent, or 400,000 animals. The volume of lossos resulting from
deaths arnong sheep was approximately $583,200,000. The proportion of
stillbirths among cattle wa9 approxirnately 30 per cent, or a loss of
approximately 19,500 animals. The figure for females giving birth was
10 per cent, or lQiOOO animals. The cost of stillbirths among cattle
was approximately $44r520,000. The quantity of milk is estimated at
approximately 9 million litres, at a cost of $8,100,000. The
proportion of stillbirths among goats was 50 per eent, or
approximately 1,120,000 animals, with 20 per eent of deaths among
females giving birth, or approxhately.224,OOO animals. The cost of Sj26139
English
Page 6
the losses among goats are estimated at pproximately $212,040,000.
Among poultsy, losses totalled approxim; ely 5126,314,250. Mutton and
lamb losses totalled 13,328 tons, while eef losses totalled
2,512 tons, on the basis of males only. The figures for goats were
11,760 tons, for poultry 10,881 tons anc for table eggs 182,150,000.
3. Production recmirementç
Since the great 1 September revolution,the ; ricultural sector has seen a
great transformation. The transformation then foc sed on this sector, and many
projects and agricultural aetivities were implemer ed. In this process,
production requirements, machinery and heavy equig ent were employed. They were
and are irnported £rom thase States that possess tP s technology, namely, the
United States of America and the other Western Sta es. Following the
implementatkon of resolution 748 (1992), the agric ltural sector suffered many
problems as a result of the halt in imports of prc uction requirements,
rnachinery and equipment needed for this seetor in cder to raise production
levels .
That may be summarized as follows:
- Halting of the programme for the importa ion of water purification
networks, sensitive irrigationnetworks 1d agricultural machinery and
equipent .
- Inability to import goods for agrieultur Lprevent ion and protection
and means of combating forent £ires.
- Inability to import various chernical sub :ances such as pesticides and
rare elements.
- Halting of the programme for the imparta Lon of spare parts for
agricultural projeets and for farmers an for agricultural
professionals.
- A demand by companies exporting agrieult :al requirements for
certification that the agricultural teeh ilogy would not be used for
military purposes or in chernieal plants, iarticularlyin the case of
generators, large pumps and agricultural iesticides.
- Refusal of many companies to enter imto .
.dding in the sector.
4. Plannins* orsanization and administratio
The negative impact of the implementationof ieSecurity c~unekl
resolution was not confined to technical aspects d .ectly. There were other,
indirect effects on planning, programming,executii iand administration in the
sector, and their impact was greater than that of i iedirect effects on the
material aspects. The disruptkon of programmesfo: the importation of
produetion requirements and the exportation a£ the ,urplus made the production
processes and programme exeeution in the eeetor moi pdifficult and more
complicated and made the sector and also famess ai .raisers of livestock divert
their production schedulçs to other activities thai were perhaps not no S/S6139
English
Page 7
profitable or even so appropriate. That contributed to the decline in the level
of agricultural production, while the difficulties faeing the seetor with regard
to sending trainees abroad and ensuring the participation of its experts In
foreign meetings, visits by international expert consultants and obtaining
scientific and technieal publications impeded the process of transfer of
knowledgeand of scientific and teçhnicalknow-how, and this played a large part
in the disruption of the agricultural sector'splans and aetivities.
Transport and communications seetor
- As a result of the halting of foreign air traffie arising Srom the
aerial embargo imposed under reçalution 748 (199S), Libyan Arab
Airlines lost $361,284,000 in direct income owing to the drop in
sales.
- The seeurity and safety a£ domestic air transport was endangered as a
result of the non-availabilityof the neceçsary spare parts, inability
ta perform the necessary maintenancein a timely rnanner and the
absence of a stock of spare parts in the Company's depots, which
inereasingly forced aircraft to eease daily operation,
- The overseas activity of the Libyan Arab Air Freight Company waç
halted, resulting in the loss of some $128,700,000 in income.
- The Socialiet Airports Company loçt considerable sums as a result of
the loss of fees for aecomnodation, takeoff and other services,
estimated as approximately $36,300,000.
- The Light Air Transport and Technical Services Company lost revenue
estimated at $5,887,000 as a result of failure to obtain the necessary
spare parts for maintaining and operating its aircraft according to
sehedule.
- The General Board for Civil Aviation and Heteorology ineurred costs of
$11 million, representing payment of wages and salaries to workerç
without any return and also 106s of annual iacome of more than
$4 million, owing ta the halting of air traffie.
- The general freight traffic in ports was affected as a reçult of the
provision of daily services to pasçengers, which had a negative effect
on services to freight vessels. Additional costs were incurred as a
result of the inçrease in the eonçumption of shipping and other
equipment,which was 20 to 25 per cent above normal rates,
- It was necessaryto charter vessels in order to reduee the problem of
passenger transport to and £rom the Jamahiriya, at a eost of
$18 million, without regard for an economie return.
- It was difficult for Libyan citizens wishing te perform the pilgrimage
and the umrah to do so, because it was not possible for them to travel
to the holy places in a cornfortable manner suited to the health and
fitness of each pilgrim.S/26139
English
Page 8
- There waç an increaçe in the rate of thd use of private and publie
vehieles and trucks on land routes, expdsing roads to increased
damage. This led to an increase in the haintenance costs, which wero
over $18 million, in addition to the in2rease in wear and tear,
maintenance for al1 forms of transport and increased fuel eonsumption.
I
- The posts and communications seetor was aftosted considerably by the
aerial embargo, leading to the chaice o intermediate exehanges to
expedite and receive mail, which led to a 40 per cent inerease in
expenditures .
Industrial sector
The implementation of sesolution 748 (19921 dls haà a cfearly negative
aspect on the industrializationInovement in the Great Jamahisiya, partieularly
on production rates and follow-up of the implementlation of induçtrial projectc,
which had been in the stage of cornpleting the assdmbly of new production lineç
and becorning operational.
The implementation of the resolution had negative effeets on the production
process, because of the exhaustion of factory stodks of raw materialç, delivery
of whieh dopended primarily on air transport.
The resolution also cauçed obvious confusion in the schedules and
activities of our industrial companies in relation to their foreign counterpartç
as a result of the embargo. The Western propaganda that aeeompanied the
implernentatian of the resolution also played an =&ive role in influeneing major
industrial campanies and the contractors execut in4 our industrial projects to
adapt a negative position, on feeble pretexts , regardhg continucd f ulf ilment of
existing obligations under the contracts conclude? with thoçe cornpanies. Damage
to the industrial seetor may be summarized as follows:
l
- The difficulty of importing spare parts 1for emergency cases arising
from sudden stoppages. This led to prolonged emergency stoppages in
plant S.
- Difficulty in obtaining replacements for defective or missing parts or
components for assembly industrieswhen speedy
air delivery was
required.
- Obstruetionanddelayindire~tmeetin~sbetweentheorgans of the
industriak sector and eompanies, normally held periodically or if
urgently needed, for discussion of rnatters relating to the delivery of
production requirements, spare parts and technical assistance.
I
- Inability of factories to send represenkativlç abroad to inspect
imported goods at the port of shipment with the desired expedition at
the specified tirne and delay in the arriva1 of packages of samples of
raw materials. This has kad a negative impact on the flow of raw
materials and production requirements delivered to factories.Annex 65 General Assembly Distr.
Security Council GENERAI,
GEMERAL ASSEÈIIBLY
~orty-eighfh session
Item 142 of the provisional agenda*
MEASUREÇ TO ELIMINRTe INTERNATIONAL
TERRORISM
Letter dated 13 Auwst 1993 frm the representatives of France,
the United Kinsdom of Great Britain and Northern Ireland and
f
to the Secretan-General
we have the honour to transmit hexewîth the text of a tripartite
deelaration issued by our three Govements on 13 August 1993 Isee a~3~ex)
eoncerning the implementation of Security Council resolutions731 (1992) aad
746 (1992) by the bibynn Arab Jamahiriya.
we shauld be grateful if you would have the text of this letter and its
-ex circulatedas a document of the General Assembly,uader item 142 of the
provisional agenda, and of the SecurityCouncil.
Jean-BeniarHEFiXEEB Thomas RIaGLRDSQN WadeleineKarbelALBRIGIïT
permanent Representative of Chargéd'affairesami. of PermanentRepreaentativeof the
rrancefo the United riations theFermafienWss~on of UnitedStates of Ameracata tbe
the United Kingdoof Great United Natieus-
Brrtain andNorthernIreland8/48/314
S/26304
English
Page 2
Deelaration of the Governmentç of France, the United Kinsdom
of Great E3ritain and Noxthern Ireland and the United States
of America on Libw terrarism. issued on 13 Auwçt 1993
ûver 16 months have passed since the Security Council impoçed sanctions on
the Libyan Government for failure to comply with its demands as set forth in
United ~ations Semity Council resolution 731 (1992) that Libya conunit itseff
concretely and definitively to cease al1 forms of terrorist action and al1
assistance to terroristgroups, agree to surrender the two aecused of bornbing
Pan Am flight 103 for trial in Scotland or the United States, respond fully to
the reguests put forward by the French judge investigating the bnbing of UTA
flight 772, and provide evidence or information about the bombingç of Pan Am
flight 103 and UTA flight 772.
Toàay, for the fourth tirne,the Council haç reviewed Libyan eompliance w~th
sanctions as called for in Security Council resolution 748 (1392) and found
Libya once again to be in defiance of the will of the international commvnity.
Instead of seeklng ways ta cooperate with the Council and the Seeretary-General
of the United Nations,
Libysi has eonsistently sought ways to avold full
eompliance .
The United States, the United Kingdom and France have observed with
diminishingpatience that the envoys af the Secretary-Generalof the United
Nations to Tripoli repeatedly corne back empty-handed, witfiout indications of
complianeealthough with many assurances of Libya's coopesation. We have waited
the four months requested by the Secretary-Gerieral of the League of Arab States,
who wished to seme as an iatermefiarybetween the international cormmrnity and
the Libyanç. we have repeatedlyrejected Libyan efforts to distract the
internationalcormmmity from its la& of cornpliauce with empty offers to
surrender the Lockerbie suspects and to comply with the requirements of French
justice and to prove their partial cornpliaricewith the Seeurity Couneil's
demands .
However, our three Govements, in the interests of giving Libya one last
chance, have asked the Secretary-General of the United Nations to look inta the
matter and take the necessary steps to achieve the full implementationby the
Ljbyan Government of resolution 731 (1992) within 40 to 45 days.
Xf, by October firot, the Libyan Gwernment has failed to eomply with
resolutions 731 (1992) and 748 (19921, including the transfer ta mited States
or Dnited Kingdom jurisdietionof the Lockerbie suspects and cornpliance with the
requests of French justice on üTA flight 772, we will table a resolution
strengrheningthe sanctions in key oil-related,financialand technological
areas.
Once more, our three Governmentsreiterate that they have no hidden agenda
and that, on the contraxy, upon full implementationby tibya of security Council
resolutio~ç 731 (1992) and 748 (19921, the conditions would be met for the
lifting of sanctions by the Security Council. UNITED
NATIONS
Security Council
Distr.
GENERAL
SI26313
17 Auguçt 1993
ENCLISH
ORIGINAL: ARRBXC
LETTER DATED 16 AUGUST 1993 FROM THE PERMANENT REPRESENTATIVE
OF THE LIBYAN ARAB JAMAHIRIYA TO THE UNITED NATIONS ADDRESSED
TO THE SECRETARY-GENERAL
I have the honour to transmit to you herewith the text of a statement
issued by the Generak People's Conunittee for Foreign Liaison and International
Cooperation of the Libyan Arab Jamahiriya on 14 August 1993 following the
renewal by the Security Couneil of the sanctions irnposedunder resolution
748 (1992).
3 should be grateful if you would have this letter and its annex circulated
as a document of the Security Council.
(Siqned) Ali Ahmed ELHOUDERI
Permanent Represental ive
93-45466 (E) 180893 180893 S/26313
English
Page 2
Annex
Statement issued bv the General Peoale's Cornmittee for Foreign
Liaison and International Coo~eration of the Libvan Arab
Jarnahiriva on 14 Auaust 1933
The General People's C0mmittee for Foreign Liaison and International
Cooperation expresses its strong indignation that the sanctions imposed on the
Libyan Arab people are to be maintaineddespite the divergence of views that waç
apparent in the consultations among the members of the Secusity Council, thereGy
confirming that the measures and initiatives taken by the Great Socialiçt
People's Libyan Arab Jamahiriya in implernentation of Security Council resolution
731 (1992) had met with a positive response and were welcomed within the Council
itçelf. This conflicts with the rigid positions being rnaintained by the three
Western States in disregard of al1 the concrete measures taken by the Great
Soeialist People's Libyan Rrab Jamahiriya for the kmplementation of reaolution
731 (1992).
Despite the eontinued 5uffering of the Libyan Arab people under the burden
of the sanctions imposed on it by the unjust applicationof resolutian
748 (19921, the Great Jamahiriya haç spared no effort and neglected no available
means in order to affirm Its coneern to see justice done and to eomply wlth
international law, in a framework of constructive dialogue and mutual
understanding that esehews the language of intimidation, in the expectation that
this woulà lead ta the lifting of the sanctions.
Despite the foregoing, the General People's Cemunittee for ~orei~n Liaison
and ~nternati~nal cooperation once again affirms as follows:
1. The Great Jamahiriya has complied with resolution 731 (1942) in al1 its
aspects, and it ha6 informed the Secretary-General of the United Nations of al1
the measures it has taken in irnplementation of that resolution. It haç
cooperated with the Secretary-General and his envoys in a positive manner out of
respect for international legitîmacy and in its concesn for a peaceful solution
to the erisis that respects the interests of al1 parties. This refuteç the
statement made in the deelaration of the three Western States aecvskng the
Jmahiriya of being in defiance of the Security Council.
2. The Jamahiriya has aeceded to the reguest for cooperation with the United
Kingdom with regard to the organisations that it accuses of terrorisrn, and the
United Kingdom has given officialexpression to its satisfaction with that
cooperat ion.
3. The Jamahiriyahas expressed its complete readineççto cooperate with
French justice, and talks are still in progress with the French authorities with
a view to having the magistrate entrusted with the dossier corne to the Great
Jamahiriyato complete his inquiries. It is hoped that this will take place as
soon as possible.
4. The Great Jamahiriya acknowledges that it iç neeeasary for the two suspects
to $e brought to trial, and it is preparedto diacuss the venue where the trial
muat be held if it is to be just and fair. S/26313
English
Page 3
5. The Jamahiriya affirms that the reversion of the three Western States to
the language of intimidation and blackmail, as in their latest declaration, does
not advance the goal that the United Nations is seeking to achieve, namely the
peacefuf settlement of disputes between States, respect for international noms
and conventions and regard for the sovereignty of States. The first step
towards that goal is the adoption of a language of serious dialogue between the
parties to the dispute with a view to reaching peaceful solutions that are
satisfaetory to al1 parties, and it is this that has been urged by al1 the
regkonal and international organizationç, in particular the League of Arab
States, the Organization of African Unity, the Organization of the Islamic
Conference and the Hovernent of Non-Aligned Countries. Moreover, the current
approach does not serve the interests of the families of the victims. The
Jamahiriya therefore deelares before world public opinion that it is fully
prepared to sit down at the negotiating table with the parties concerned and the
Security CounciL in order to arrive at a peaceful solution to the crisis that
will serve the interests of al1 parties.
Given the rejection by the three Western States of al1 the measures it has
taken to meet the demands made upon it by resolution 731 (1992), and given its
refusal to aeeept that its people should continue to suffer under the sanctions
for a long time to corne, the Great Jamahiriya can only requeçt the secretary-
General and the Security councii to establish a rnechanisrnfer reaching a mutual
understanding of what it is that resolution 731 (1992) requireç and of what
mcasures the Jamahiriya haç taken to rneet those requirements. The Council may
then be perçuaded that the Great Jamahiriya has discharged al1 of its
obligations, and the maintenance of the sanctions against its people would be
shown ta be unjust and aberrant and find none to support it among the members of
the Seeurity Council or in the international comunity as a whole.
It is indeed astonishingthat in their declaration the thrce Western States
should have set a tirne-limit of a matter of weeks for the resolution of a
problem of çuch proportions and one that, as they acknowledge, required long
years of investigation and resear~h in order to uncover no more than a
suspicion. Security Council
I Distr.
GENERAL
S/26500
28 September 1993
ENGLISH
ORIGINAL: =TC
LETTER DATED 22 SEPTEMBER 1993 FROM THE PERMANENT REPRESENTATIVE
OF THE LIBYAN AkRB JWIRIYA TO TfIEUNITED NATIONS ADDFZSSED l'O
TO THE SECRETARY-GENERAL
1 have the honour to refer to the letter dated 11 September 1993 from the
Secretary of the General People's Cornmittee for Foreign Liaison and
International Cooperation and to the accompanying memorandum on points relatkng
to the legal position of the tibyan Arab Jamahiriya wlth regard to Security
council resolutiona 731 (1992) and 748 (1992), both of whieh were handed to yau
on 14 Septder 1993, and ahould be grateful if you would have them circulated
as a document of the Security Council.
(Sisned) Ali Ahmed ELHOUDERI
Permanent Representat ive
93-52419 (E) 290993 290993 290993S/26500
English
Page 2
Annex
-
Letter dated 11 September 1943 from the secretarv of the General
People's Cornmittee for Foreian Liaison and International
Cooperation of the Libvan Ar& ~amahirivdaddreased to the
Secretarv-General
I refer to Security Council reeolution 731 (11992) conccrning the requeots
addressed to the Great Socialist People's Libyan Arab Jamahiriya by the United
States of America, the United Kingdm and France.
1 also refer fo the fact that the Great ~amahiri~a has declared that it
accepts the aforesaid resolutfon and that it is fLlly prepared to dcal with it
in a positive manner and in a spirit of eoneern tg bring the truth to light and
af respect for internationallegitimacy. You are fully informea, Mr. Seeretary-
General, of the meaeures the Great Jamahiriya has taken to lmplement the
provisions of the resolution in question. We have notified you, through yaur
Personal Envoy and by our numerous letters, tbat &I have implemented al1 the
provisionsa£ the resolution except for a single pint relating to the venue of
the trial, and we believe that it is possible to Leach a satisfactory solution
on this matter if the States concerned will agree to sit down directly with the
Great Jamahiriya to negotiate therean in order to bring about a trial that is
just and fair.
l
Since the three Western States continue to inskst that the Great Jamahiriya
has not cmplied with resolution 731 (19921, most recently in their tripartite
doclaration of 13 Auguat 1993, the Great Jamahiriyal and the attorneys for the
two suspects deem it appropriateto submit to you a set of questions to be put
to them and ta the memberç of the Security Council with a view to seeking a
definitive clarificationof the understandingthat the three Western States have
of the resolution so that the Great Jamahiriyamay see what, in their view, are
the points that it ha. not Lmplernented and se tkat/ the resolufion wiLl not
remain impending and capable of being used to blaclrmail the Great: Jamahiriya for
a long the into the future.
~he response of the theee Western state~ to the questions of the attorneys
for the two su~pects Gan ùe of assistance in reaehing agreement on the venue of
the trial.
Aocordingly, wa hop that you will present thjse questions to the States
conecsned and to the members of the Seeurity Counc+l with a view ta obtaining a
precise response, and we hop@ this will be a step towards a mutual understanding
on devising a peaeeful and satisfactorysolution tg a problem into which my
country has been thrust and which has be~ome an instrument for blackmail.
Sioned ) Omar +usta fa ALnUIPTASSBR
Secretaryof the General People's Cornittee
for Foreign Liaison and International Cooperation S/26500
English
Page 3
Enelosuxe
MEMûRANDUM M THE SECRETARY-GENERAL OF THE UNITED NATIONS
We have the honour to present Our compliments and should like to submit ta
you the followingmernorandumsetting forth legal points relating to the legal
position of the Great Jamahiriya on Security Council resolutionç 731 (1992) and
748 (1992).
Security Council resolution 748 (1992) was adopted on 21 narch 1992, and it
impused iniquitous and-unwarrantedsanctions on the Jamahiriya merely on grounds
of suspicion that Libyen individuals had camitted acts against an aireraft
belonging to the Pan American Company and an aircraft belonging to the French
Company UTA.
Since the adoptian of that resolution,whieh does not accord with the
general noms of internationallaw or established custornary principles approved
by the international community, the Jamahiriya has been striving diligently, in
al1 sincerity and gocd faith, to settle the dispute, The dispute is not one
between the Jamahiriya and the international eormnunity or the United Rations but
is a controveray preeipitated by the United States of merica, the United
Kingdm and France because of their dissatisfaction with the sole assurned by the
Jamahiriya.
Support for the liberation movementa of poples and for their right to
freedom and overall and independent development does not entail an adversarial
relationship between the Jamahiriya and the peoples and Covernrnents of the three
States, fndeed, the Jamahiriya eonstantly declares that it is prepared to
interaet with these Statea and others on a basis of honour, dignity and respect
for the principles of justice, equity and national sovereignty.
The role undertaken by the Jamahiriya was a necessary and natural one at
the juncture at whieh it found itself and in the çontext of the international
and regional parameteta then prevailing. It was never the intention thereby to
depart from the noms approved by the international ccrmmunity to govern its
intercourseand regulate ita actions.
It was also not intended thereby to harm the interests of particular
peoples. The Jamahiriya has a profound belief that the real interests of al1
peoples of the Earth are one and the same, and it concedes that they have an
equal right to contribute to building a better future for rnankind as part of a
philosophy of human brothsrboodand the unity of the human race combined with
respect for distinctive characteristicsand particular identities.
On this basis, Libya endeavours in all sincerity and earnestness to prornote
links of friendship and eooperation with al1 nations and peoples without
distinction or discrimination. ft does not consider itself to be in a state of
conflict or enmity with any country that respects its sovereignty and itç
freedom to pursue the poliey that accords with an outlook and interests of its
own that do not violate the freedom and interests of others.S/26500
English
Page 4
Despite the legitimate reservations the Jamahiriya entertains with regard
to Seeurity Council resolution 748 (1992) and dekpite its objection to those of
its pr0visi~n8 that violate domestic and interna! ionel law and arc in discord
with the establishcd cuçtomary noms in the field of international politics, the
Jamahiriya has expresaed its intention and demankrated its readiness by both
werd and deed to end this dispute and to coopera&e with the Seeurity Council and
the Secretary-General of the United Nations with a view to settling the conflict 8
and, iadeed, turning a new page in its relations with the three Western States
that have placed themselves in an adversarial position with regard to the
Jamahiriya without objective justification. rn
In this context, the Jamahiriya hes made a doint of officiilly notifying
the Seeurity Council and the Secretary-Ceneralof the United Hations of its
readiness to cooperate with the Couneil in a pasdtive and constructive spirit,
not by yielding to dictation and compulsion from any rparter but out of a desire
to remove a eontrived and transitory dispute from the orbit of international
relations, and espeeially so at a time when the dnternational comunkty iç
endeavouring to ereate a elimate for the establiShment of a 2ew kind of world
solidarity imbued with a spirit of peaee, eooperation and justice.
In our estimation, any internationalorder must be based on the firm
establishment of principles of savereigntyand po'lit ical , economic , social and
l
cultural independence,on coneeding the right of al1 peoples, great and small.,
rich and poclr, to develop their societies. on redpct for huaan righte and on
strengtheningthe foundations of demoeraey in the way that each people chooses
and that it deems appropriate to its own eireumstanees and situation.
To that end, the Secretary of the General people-s Cornmittee for Foreign
Liaison and International Cooperation addreseed tL you a number of letters, and
we speciiically reeall thoae dated 9 Januasy 1992L 27 February 1992,
14 May 1992, 19 July 1992. 9 August 1992, 14 AU~U~ 1992, 21 Aupst 1992 and
8 July 1993, in whi~h he notified you of the measures taken by the Jamahiriya
wit h regard to organizat ions and individuals engabed in aet ivities eharaeterized
as terrorism. These measures included the severance of any contacts with such
elwients, refsaining frm previding them with any assistance and the closure of
the camps they had been using in any way.
l
The Secretary for Foreign Liaison alço reque~ted you to dispateh a I
technical mission to verify Libya's cornpliance with the resolution and with
those obligations that it bears, together with the internationaleommunity, for
the repudiation of terroriam. To its surprise, hkver, the Jamahiriya received I
ne response from the seeurity couneil or the secrétariat of the United Nations
to this logieal and spontaneous offer.
The feiluee to keep the question under conei*ration and the abandonment of
the idca of sending a mission to verify implementation of the resolution was a
position that we interpreted at the the, and that we still interpret, as m
rneaning that the Security Couneil was persuaded that the Jamahiriya had earried
out al1 of the measures entailed by the resolution.
m
Despite the foregoing, we renew the invitation to you promptly to dispateh
the mission in question. 5/26500
Engdish
Page 5
The Jamahiriya has expressed its readiness to reach an acceptable formula
for the implementationof the other provisions of the resolution, and, as you
are aware, it has taken initiatives to approach the States that have aeopted an
adversarial stance towards it.
For al1 of the foregoing reasons, because of a conviction that intentions
are worthy, seeking to manifest a skncere desire to cooperate and out al respect
for international law, the position of the Jamahiriya has bcen characterized by
~agacity, as the world may teatify. The Jamahiriya had thus been expeeting, as
it had every sight to expect, that the three States and the Security Council
would take equivalent steps to end a dispute that has no sound histarical or
cultural baais.
It was, however, most regrettably surprised when the three States issued a
joint deelaration on 13 August 1993 in which they claim that Libya has not
discharged its obligations. In light of all of the foregoing, Libya feels duty
bound, as a law-abiding State nember of the United Nations, to place on record
the following points:
1. THE WLICY OF DOUBLE STANDARDS
1. At the present delicate juneture in which the international community finds
itself, it i~ astonishingthat the United Nations, or the activist Powers in it,
should employ twa different masures or adbpt a mode of procedure in whkeh the
application of double standards has the upper hand. It changes the policy it
pursues and the rules it applies with the party being addressed, in the sense
that it deah with particular States with firm kesolve and pursues a policy of
indifferencetowards States that have committed crimes and offenses hundredç of
ths worse than those attributed to others.
Libya is of the view - one shared by a11 third-world countries - that this
policy will indieputably undemine the confidence of peoples in the Organization
and in the new world ordex and the values that it proclaims and invokes. We
have no need to refer to the cases that demonstrate that a poliey wf double
standards has been pursued in recent years.
2. The double standards embraced by the Security Council have led to a duality
in the way matters are taken up and a seleetivity in the way they are handled,
thereby violating the rules of justice and equity on which international law is
based and the provisions of the Charter of the United Nations.
3. At a the when, on an important issue, sponsarahip is offereà to and direct
negotiations are imposed an the Palestinians and Israel, the parties coneerned
refuse to eit dom and negotiate with the Jamahiriya. Why do these same parties
refuse to adopt the nethod of direct negotiations to resolve al1 their
differences with the Jamahiriya?
4. On the night of 15 April 1986, the Great Jamahiriya was subjected to
unprovoked armed military aggressionaimed agalnst the life of
ColonelHuarmnar Qoddafi, Leader of the Revolution, the rnembers of his family and
other innocent and defenceleaspersons and earried out by a great Power that is
a permanentmember of the Security Council. S/26500
English
Page 7
II. THE WGAC POSITION (DOMESTIC AND INTERNATIONAL)
ON THE QUESTION OF EXTRADITION
It is perhaps superfluousto z-eeall that the requeste £rom the States in
question for the extradition of the two suspects holding the citizenshipof the
country from uhich extradition is requeçted meet with many legal obstacles, the
maot significant of which can be summarized as follows:
1. Article 1, paragraph 3, of the Charter of the United Nations States that
one of the Purposes of the United Nations is "To achieve international
cooperation in eolving internationalproblems of an economic, social, cultural,
or humanitarian character, and in promoting and encauragkng respect for human
rights". ft ie elear that the Organization ia committed to the application of
this text, and it is therefore necessary to give preeeàence'to human rights over
al1 other eonsiderations. World peace can be aehieved, aceording ta the United
Nations philosophy, enly by respect for human beings.
In other words, justice at the dornestie and international levels must not
be achieved at the cost of denying human rights.
Aecordingly, in its concern that legitimacy be respected, the Jamahiriya i~
prepared ta irnpkent Seeurity Council resolutions whenever they are compatible
with the provisions of the Charter and of international law and can be
interpreted in confomity with them.
2. Seeurity Couneil resolutions 731 (1992) and 748 (1992) can be legitimized
and their implementationthus honoured only in light of their legitimacy
vis-à-vis the provisionsof international law and human rights legislation.
Under the provisionsof the Charter, the Security Council is legally
entrusted with a fundamentaltask that relates to respect for international lawr
not to its breaeh and violation.
Hou is it eonceivable that the Jamahiriya should be obliged to extradite
its nationals with al1 that that entails in terms of violating Article 2,
paragraph.7, of the Charter, which establishes the principle of non-intervention
in the damestic juriediction of Member States?
3. The two resolutions, as a whole and in their various parts, run into a
number of problematical legal issues raised by the matter of Libyan State
sovereignty. The most aignificant of them are:
(a) The impennissibilityof the extradition of a person holding
cltieenship of the State {Libyan Penal and Criminal ProcedureCode);
The absence of an agreement between the parties eoncerned governing
(b)
rules of extradition;
(c) The accession of the Jamahlriya to al1 of the international human
rights eovenants prevents it from taking measures that may void hurnan rights
quarantees to a just and fairtrial. S/26500
English
Page 8
4. How can there be extradition in the absence Of an extradition agreement
between the parties eoneerned and while there is an international agreement in
force that fs binding on al1 the parties (the 197d Montreal Convention) and
rnakes extradition çubjeet to the legislation of tde State requested wit hout
aecording any priority or pre-eminenceto the jurdsdietion to the aircraf t 's
flag country (the United States cf Ameriea) or the eountry in whieh the aet took
place (Seotland)? All of this goes to support th4 Libyan proposal that a trial
in a third country should be accepted.
l
5. How is it possible ta accede to a request for the extradition of the two
suspects on the mere basis of preliminary and undilsclosed inquiries carried ouf
by one State or by two States without the Çtate f?m whieh extradition is
requested ver=fying the existence of ruff icienf .?idence for the charge?
The inten~e media eampaigns , the atmosphere df hostllity surrounding the
two suspecta, the attacks on the Arabe in general andl Libya in partieular and
official deelarations and statemente asaerting thkt the twa suspects were
responsible, al1 are factors that: dissipate any ho!! of a just and faix trial.
They consequentl y prevent the Secur ity Council reaolut ions from being
interpreted to mean that the Great Jamahiriya has !an obligation to extradite.
To accept in prineiple the extradition 05 the two guspects rnight void a basic
legal guarantee in the field of human rights to a bust and fair trial.
It can be expeeted that a trial that may take place in another State that
is an adversary of that of the two suspecta will not provide the minimum
quarantees, even if it is malntained otherwise, since the relations of the
parties to the dispute arc mariced by certain mnirbstations oi tension,
hostility and an aeeumulated series of media carapaigns.
These factors, eanstituting the environment ib which the trial wciuld take
place, have created an unsuitable climat@ for justtce to be ~erved and
cireumstances that eannot be charaeterized as congenial to ensuriag a just and
fair trial.
If we add to this the legal character of the ury system, there is a clear
danger in adopting the prineiple of extradition of
voiding the guarantee of a
just and fair verdict.
6. The Sesurity Council and the Internationalco+rf'ofJustice are
counterbalaneed and cmplementary organs af the United Nations. In light of
Article 36, pirapraph 3, of the Charter of the ~nifed Nations, the jurisdiction
of the International Court of Justice may be invaded, and it is not coneeivable
or possible that the resolutions of the Security dunei i lhould be interpreted
as imposing the obligation to extradite and thus o4itruct or prevent the Court
from performing its role in the settlement of the dispute.
7. The Jamahifiya is not prepared to aecept any infringernent of ita
sovereignty,independenceand fredom of decision. It further refuses to be
drawn into any action that gives rise ta the creatkon of a dangerous precedent
that may have adverse repercussiono on internationdl relations as a whole.
I
Libya ahall not yield to pressure and shallndt be inthidated by threats
of sanctions or of the strengthening of sanctions. No price can be set on the S/26500
English
Page 9
freedom of peoples, and we are prepared to bear al1 the consequenees of
safeguarding the dignity of our nation and its people as long as we believe that
we are acting within the bounds of law and legitirnaey.
8. The Jamahiriya cannot aecept offense to the dignity of the Libyan people or
any of its membera, because it is of the view that itç basic mission is to
protect that dignity and impose respect for it.
On the basiç of the foregoing, the Jamahiriya refuses to eompel two of its
national3 to extradite themselves to a foreign country that adopts a hostile and
adversarialstance towards their own and renders a prior verdict on their guilt
before it is established at a judicial trial providing adequate guarantees and
sheltered from political or cultural chauviniam.
9. In view of the fact that there is no agreement in force between the
Jamahiriya and the United States or the United Kingdom for the extradition of
offenders, Libya is unable to campel the two suspects to extradite themselves to
either country. It remains for them to decide by their own free will whether
they will present themselves to the legal jurisdiction of either of the two
countries.
III. SUPPOSITION THAT THE TWO SUSPECTS WIU CHALLENGE THE CHARGES
AGAINST THEM AND AGREE TO APPEAR BEFORE A FOREIGN JURISDICTION
1. It may be possible for the two suspecte to take the initiative of
proceeding to a foreign country, without specifkcation or exclusion, and appear
before the judieial authorities to challenge the unjust charge againat them and
secure their acquitta1 in a just and fair trial unaffeetedby politieal
influences and media campaigns that would prejudiee the fairnesaof the trial
and place it outside the domain af law and legal guarantees. ft may be
appropriate for us to notify yau that the two suspects have inforrned us that
they have recently appointed a team of attorneys in Çcotland and England. fhey
have requested this team, togetherwith the attorneys who represented them in
the United States in the past, to take the neeessary neasures to challenge the
legal cornpetence of either eountry to provide them with a fair trial.
The two suspecta base this move on the obvious fact that there has been
widespread advanee media eondemnatian, which would make it impossible ta select
an impartial and uninfluenced jury in either country.
It goes without saying that in the event this move succeeds it will
automatically imply the removal of any basis for strenqthening the sanctions
imposed on the Jamahiriya. Strengthening the sanctions would necessarily bring
about the prejudgement of matters pending before the judieial authorities in the
two countries, and this would further prejudicethe position of the two
suspects, who have already sustained much harm, and violate their human rights.
Through their representatives,the twa suspects have raised a number of
questions, and we sumit them hereunder on their behalf in the hope that the
answers provided to them will have a role in their adoption of a positive
decision.S/26500
Englieh
Page 10
Assuming that their appearanee before a foreign jurisdiction is possible
and that it will take place and bc on their own responsibilityand not that of
the Libyan State, what are the answers to the set forth hereunder,
which may be provided by the two States concerned and the Seeurity Council
direetly to the Jamahiriya or through the Seeretary-General of the United
Nat ions?
Are the answers ta the questions possd tu be conLidered as legal and
political guarantees provided to the two suspects and their defenee team?
1. Does the State coneerned to whieh the two skspectn would proceed in
order to appear before a just and fair tribLnal undertake to conduct
the trial in a legal framework removed from the influence of political
factors?
2. Does thia Çtate undertake not ta conduct an inquiry with the two
aceused outside the purview of the court so that the two suspects are
not subjected to questioning by other ageneies such as domestic or
forekgn intelligence police?
3. Does the State undertake not to exert any physieal or mental pressures
on the two suspects while they are in detention during the trial?
4. Will the two suspects be guaranteed that no question will be addressed
to them and no measures taken other than in the presence of the
defenceteam appointed by them?
5. Poes the State concernedundertake to allow representatives of the
defence team, the Çeeretariat of the United Nations, the secretariat
of the League of Arab States and the secretariat of the Arab Lawyere'
Union to viait the suspecta at their place Lf detention during the
trial in order to aseertainthat they have hot been aubjected to
torture, pressure or coercion?
6. Does the State uadertake not to of fer any ihdueements or speeifie
deal8 to the two suspects thet may tend to hltcr the truth. or to
render a redueed sentence or eonsider them State's wktnesses if they
ehould make certain admissions?
7. Does the State undertake that no individual apart from its own
judicial officia18 will participate in the leception of the two
suspects and that, in any event, this will Fake place only in the
presence of repreaentatives of the defenceteam?
8, Hm will the defenee team for the two auspe(ete aseertain the
auitability of the prsons propoaed as prosbctive atembers of the jury
that may decide the facts without prejudgem~nt and uninf lueneed by the
images lmprinted on their minde?
9. Does the State undertake that the trial wilil in public and that the
two suepects shall have the right to defend thgmselves, directly or
through the defence team, in al1 stages of consideration of the case? S/26500
English
Page 11
10. What would happen should the jury be unablc to reach a verdict of
guilty or not guilty?
Does the State undertake that the trial will be restrieted to the
incidents connected with Pan American flight 103 and will not go
beyond them to include other incidents or other charges?
Does the State undertake to allow the two euapects to leave its
tesritory and return to their homes on the same day a verdict of
innocent is rendered or on completion of execution of the penalty
against them should their guilt be proved? In this event, and in the
event of a judgernent for compensation that they are unable ta pay,
there shall be no liability for the Jamahiriya, which will not have
been on trial, and thus its assets may not be plaeed at sisk.
Does the State eoneerned undertake not to extradite the two suspects
to another State under any pretext and for whatever reason?
Does the state undertake to ensure the two suspects the right to
request a retrial, if the law applied therein permits retrial, or to
appeal against the verdict?
Supposing that the proseeuting authorities wished to prefer charges
against other personsin the same case or to prefer charges against
the same two suspects in respect of other incidents, would the United
States of America and the United Kingdom undertake to accept that
consideration of such fresh chargea should take place outside the
Erameworkof Security Council resolutions731 (1992) and 748 (1992)?
In the absence of a bilateral agreement between the parties that
regulates relationships between different legal systems, hou ean
procedures be established to enable the two to appear before a foreign
jurisdiction?
What legal, social and cultural guarantees are there to ensure just
and fair investigation proeeduxeaand trial, for example guarantees
relating to the non-subjection of the two to police procedures,
respect for their cultural and religious identity, regard for health
conditions and the faeilitation of daily cornunication with their
families?
What is the role of the Seeretary-Generalof the United Nations and of
the United Nations itself in dctermining the procedures for the
appearance of the two suspects before a foreign jurisdiction and the
aforementioned guaranteea relating to the investigation and trial?
The international covenanta relating to human rights legislation have
without exception set forth the judicial obligationsthat States
assume in order to ensuse respect for the rights they body, and they
have done so by stipulating thm explieitly. Most of th- refer to
the obligationof al1 States:Sj26500
English
Page 12
"To ensuie that any person shall have an effeetive legal or
administrative remedy in the event of any violation of the rights
and freedoms established in the covenants, notwithstanding that
the violation haç been committed b& persons acting in an official
capacity."
l
The right of lltigation is one of the mhtl important mechanisms for
ensuring human rights. St is, indeed, the most important of all,
since rights have no meaning without th= possibllity of litigation to
campe1 respect for them.
At al1 events, the matter requires that negotiationsbe conducted
under the auspices of the Security Couneil, represented in the person
of the Secretary-Gencral or hi. represe+tative,at United Nations
neadquarters in New York or at Geneva, in order to draw up the
neeesaary terms and guaranteesfor the inquiryand trial procedures.
There ebould also be negotiationsamang the proaecuting and trial
authorkties, in any country satisfaetory ta the two aceused,in the
presenee of their legal representat ive and under the supervision of
the Secretary-General of the United NatiIns, to establish the terms
necessary for their voluntary appearanee.
As a member of the international commuaity and a State that respects
international law and the obligations~temr~ing frb the Charter, the Jaaiahiriya
deema itself oblkged to pose a set of questions that revolve around the legal
and political guarantees that the two Statee or tpe Seeurity Counsil, directly
or through the Secretary-Oeneral of the United Nations, may undertake to
provide.
The guarantees and clarifications that the ~reat Jamahiriya is requeating
are such as to asai~t in facllitating the task of applying national and
international law and to bring the question in dispute to a definitive end.
With respect to these questions, we should lkke to adàress the following
points:
l
1. Do the two States conccrned undertake to request the Security Couneil te
lift the sanctions kmposed on Libya under reaolutkon 748 (1992) immediately on
arriva1 of the two suspects in the jurisdiction ok the court that will consider
the case, without awaiting the completionof the trial proceedings or the
rendering of a verdict?
2. Do the twa States undertake not to claim thak Lihya has not discharged its
obligations, particularly with respectto those dntailed by reeolution
748 (1992) and partieularlyin the field of terrarisrn in aceordaneewith the
tee of paragraph 2 of that reaofution?
3. Should eithet of the two States have reeervationsin this regard, what
precisely in their view is required of the ~amahi!iya for it to demonstrate that
it has discharged this obligation in full? 5/26500
English
Page 13
4. Do the two States undertake to enter intd dialogue with the Jamahiriya on
the normalization of relations and the elhination of the remaininq factors that
cloud them immediately on arriva1 of the two suspects in the jurisdiction of the
court at which the trial will take place?
5. Do the two States agree to cooperatewith the Jamahisiya immediately on
commencement of the trial in adopting the necessarymeasures with the Libyan or
foreign elements eoneerning which the Jamahiriya has evidence of their
involvement in eabotage or terrorist activitics that jeopardize the interests of
the Libyan State or of its nationals?
6. Do the two States agree that, after the appearanceof the two suspects
before the court, the role of the Security Council shall be restricted to the
lifting of sanctionsand shall not extend to monitoring the progress of the
trial proceedings or any other aspects?
7. ft is elear from a reading of Seeurity CounciL resolution 731 (1992) that
it accuses the Great Jamahiriya, in a general and vague manner, of aets of
terrarim and assistance to terrorism.
Assistance by the Great Jamahiriya to certain liberation organizations was
provided on the basis of our belkef in freedom and the right of peoples to self-
determination. Thia is in conformitywith the resolutkons adopted by the United
Mations General Assembly at successive sessionson the need to support
liberation movements and to prornote the sight of peoples ta self-detemination.
In the absence of an international agreement defining the concept and
bounde of terrorisrn, certain actions may be lnterpretedand cooperation with
certain liberation movements may be eharaeterized as terrorism by sme parties
without there being any basis in international Law for doing so.
In this connection, the Great Jamahiriya has declared on a nvmber of
occasions and in numerous communications that it has implementedresolution
732 (1992) as it relates to the charge against it having supported and assiçted
groups auspected of engaging in terrorist aetivkties. The letters and
statements of the Great Samahiriya on thie matter have documented this faet to
the United Nations.
As an additional manifestation of good faith on the part of the Great
Jamahiriya, in its appreciation of the role of the Security Couneil, and in its
desire to cooperate with the United Nations and its Seeretary-General in
promoting the noms of international cooperation and world peace, the Creat
Jamahiriya requested that a United Nations mission be dispatched to verify its
implementation of resolution 731 (1992) as it relates ta terrorism, but this
request was nat granted. Da the two States c~ncerned undertake not to
eharaeterize the Jamahiriya as a State that supports groupa whose aetivities are
said to eonstitute terrorism?
8. In their declarationof 13 August 1993, the three States reiterate that
they have no hidden agenda against the Jamahiriya, meaning that they have no
intention of intervenkng in the interna1 affairs or interfering with the
political and econornic choicesof the Libyan Arab people, and that, on theS/26500
Engl ish
Page 14
contrary, upon implementation by the Great ~arnahirf~a of resolut ion 731 (1992 )
the conditions would be met for the lifting of the sanctions imposed.
To nhat extent are the three States prepared to a£f irm that this is a
corurnitrnent they will fulfil vithin the Secueity colncil on discussion ai she
lifting of the measures -of compulsion against the Great Jamahiriya?
9. The Jamahkriya understands frorn the declaratikm of the three States issued
on 13 August 1993 that it contains a modification bf the dernands set forth in
the declaration 01 27 lovember 1991 contained in cibeurnent S/23308. Will the
appearance of the two suspects on their own initialive be regarded as cornpliance
with the rcquests of theae States and lead to the immediate lifting of the
compulsory sanctions imposed?
The Jamahiriya hopes ta receive your repïy to tbse questions as quickly as
possible so that it rnay eommunieate it to the legs: representatives of the two
suapects before they make their decisionon the maFtes and so that the
Jamahiriya rnay determine its future steps at the proper the and without delay.
In conclusion, we request you ta have this letter circulated as a document
of the Security Counckl.
We must eonvey to you our sineere gratitude akd appreeiation for your
active role in safeguarding international legitimaey, promciting the prineiples
I
of justice and law and protecting international peaee and seeurkty.Annex 68 MATERIAL ON SCOTTISH CRIMINAL PROCEDURE
PROVIDED BY THE UNITED KINGDOM TO THE
UNITED NATIONS SECRETARY-GENERAL, SEPTEMBER 1993
rn (al if the suspects are surrendered, or surrender themselves for
trial in ScotLand they will receive a fair trial with the futt
protection of Scottish Legal procedures. The jury will be asked
@
onLy to decide on the guilt or otherwise of the two men. fhere
is no question of any polïtical influence in the trial:
I
(b) after their surrender the two aecused woufd not be
a interrogated; between their arrest and triaL nobody wouid be
entitted to question them except at a judicial examinatjon by the
Prosecutor conducted before a Judge, when they uould be Legatly
representsdandentitledtorefusetoanswerquestions. Attheir
trial they could onLy be questioned if the chose to give evidence
8 on their own behalf:
Cc) there is no question of material or moral pressure being
exerted on the two accused $y the British goverhrnent while they
are awaiting trial:
(dl Defence CounseL wilL be able to be present at all Legat
procedures invoLving the two accused:
(el during their detention awaiting trial, the two aceused eouLd
be visi ted dai ly by observers if the. two accused so wished. Sue+
observers could include representatives from the UN General
Secretariat, the Arab League General Secretariat end the Arab
Lawyerç Unit, as well as the Defence Counçel:
(f) on arrival in the UK, the two accuçed woutd be detained by
police offieers in the same way as any other alleged criminals.
Defence CounçeL wouLd be able to be present:
(g> the trial wovLd be held in accordance with nornaL Scottish
Legal procedures and the two accused wouLd receive the full
protection these procedures afford. The two aecused would have
the right to def end themselves (directly or through Def ence
CounseL) at alL stages in the trial. Defenee Counçel would be
able to challengemembers of the jury in the normaL way:
(hl under Scottiçh Law the accused are innocent untiL proved
guilty. Unless s majority of the jurorç agree that a particular
accused is guilty, he witl be acquitted by a verdict of not
guilty or not proven: the consequences of either verdict of
aequittal.for the accused are precisely the same and he cannot bt
retried for the of fence: (il the purpose of the trial will be to eltablishthe guiLt or
otherwise of the tua secused on the chargés in the Warrant. and
nothing else:
(j) if they ware ecqui tted, the two accuséd would elther Leave
the UK under their own arranqements or by Home Office deportitior
back ta Libya. After acquittai, both ScottishLaw and the terms
of the UK/US Extradition Agreement uouLd brevent their
extradition to the Us to stand triaL on the same tacts:
(k) the criminal courts in'scotland oannok make orderr against
accusad persons requiring them to pay conbensation in respect of
death caused by criminal acts. Any quest)on of compensation by
the accused peroo'ns wouLd be one for ctviL courts, to br pursuad
b~ prfvete claimants and would not involvk the British
government. This does not affect the requirernent on Libya under
SCR 731 to pay appropriate compensation. Compensationwould be
appropriate if the accused were found guilty or if Libysn
involvement were demonstrated in some way:,
after their surrender to the UK, the th accusid w0uI.d be
taken to Scotland, charged and.detai.ned Sn safe custody until
their trial. There would be no question of their being foreed to
travet outside the UK priot to the verdict or if they -were
convicted:
(ml if eonvicted, the two would be able to appeaL in the normal
way:
Cn) if the Proseeuting authorities wished to indiet other peopte
in the same case, or level accusations againsi a suspect for
other incidents, the Britishgovernment would consider the new
accusations outsfde the scope of the provilions of Resolution 731
and 748:
(01 once Libya has stated, authoritativelyl and irrevoiably, that
she is ready to surrender the Loekerbie suspects, or that they
ara vi lling to surrender themselver, t* stmd triaL in ScotLind,
the British government would be wilLing to meet Libyan officiais
to discuss the mechanies of how to effect this:
(pl whjle awaiting trail, the two accu~ed, witl, for their own
benefit, be held in a opecial prison facility. This wilL incLude
provisionfor reL igious observance, special dietary requirements
and da! ly visi ts by fami ly, observers and
others. There will
also be access to any necessary medieal facitities. The Scottish
prison authorities would also be wiLLing to consider other
reasonablc requests CEngli sh language ~e.s'UnS etc). Security Council
S/26523
1 October 1993
ENGLf SH
ORIGINAL: AaABIC
LETTER DA'PED 1 OCTOBER 1993 FROM THE PERMANENT REPRESENTATIVE
OF THE LLBYAN ARAB JaEVLHIRIYA TO THE üFifTED NATIONS ADDRESSED
TO THE SECRETARY-GENERAL
With reference to the two letters from the secretaryof the General
People's Committee for Foreign Liaison and International Cuoperation which were
sent to you on 29 September Gd 1 October 1993 respectively, 1 should be
grateful if you would have them cireulated as a docrunent of the Seeurity
Coune il.
(Siuned) Ali Ahmed ELHOUDERI
Permanent Representative
93-53392 (E) 011093 011093 S/26523
English
Page 2
Letter dated 29 Sefrtember 1993 frh the Secsetary
of the General People 's Cornmittee 1for Foreiqn
Liaison and International ~oooeradion of the
Libvan Arab ~amahiriba
1 received your letter dated 24 September 1993 which contains replies to
certain questions which were raieed in the letter which we sent to you on
11 September 1993. I should like to express rny appreciatiofi to you for the
speed and objectivity of your reply and for your kecognition of our willingness
to cooperate with you and to take positive and meaningful measures.
1 should like to assure you once again of ouf detemination te settle al1
pending issues with the countries concerned in order to improve our relations
with al1 the eountrieç of the world within a framhork af dialogue,
understanding and cooperation on the basis of the pusposes and principles of the
Charter of the United Mations.
The replies contained in your letter concern the questions raised and the
clarification requested by the lawyers of the two suspects but we are still
awaiting the replies to the questions asked and clarification sought from the
three Western countsies.
We have sent to the lawyers of the two suspekts the replies which you sent
to us. For our part, we wish to say that the assLrancesyou have given us are
adequate and acceptable. As a State, and after tkese assurances, not only are
we no longer opposed to the suspects going to trial, but we will encourage them
to do so. We believe that there is only one more step which needs to be taken
to resolve this erisis which has lasted for years, namely ta convince the
suspects, their families and their lawyers to go ko triai. For our part, as we
have already said, we wkll encourage them to do so.
As to the disaster of the UTA 772 aircraft, queassure yau of our full
willingness to coopecate with the competent frencp authorlties, in accordance
with the French demands in relation to the investigation of this incident.
(~iqnedl) Omar nustaf a ALMUNTASSER
sekretary of the General People' s
~dmmittee for Foreign Liaiaon and
International Cooperation SI26523
English
Page 3
Lettes dated 1 October 1993 £rom the Secretary
of the General People's Committee for Foreiqn
Liaison and International Coo~eration of the
Libyan Arab Jamahiriya adaressed to the
Secretary-General
With referenee to the letter 1 addressed to you on 24 September 1993, 1
should like to conSinn that the replies you gave to the questions raised by the
two suspects are adequate and acceptable, and that the Libyan Arab Jamahiriya is
encouraging the two suspects to appear before the Scottish courts.
As a token of our good will we are prepared to welcome a group of
representatives from the Scottish courts to see the efforts we are making, to
meet the two suspects, their families and lawyers and to contribute to the
offorts designed to convince them to appear befose the Seottish courts.
Furthemore, I wish to assure you that we will respond to the French
requests with the same earnestness and determination we have shown with respect
to the Ameriean and British requeçts.
1 sincerely hope that the three countsies will give some acknowledgernent of
our earnestneçs and aur firm determination to implernent Security Council
resolution 731 (1992). I also hope that the countries concerned will help to
create a favourable clhate, devoid of any threat, ultirnatum.or escalation of
the aggravation of sanctions, and that this will corne about prior to the date
scheduled for consideration of the action taken on resolution 748. In acting
thus, these countries will be helping to bring us to the final stage of the long
road we have travelled. There is no need to reeall that we reeeived answers to
some of our questions on 28 September 1993 and that answsrs to the other
questions would help to create this favourable clirnate.
(Siqned) Omar Mustafa AIAUHTASSER
Çecretary of the General People's
Committee for Foreign Liaison and
Internations1 CooperationAnnex 70 4
General Assemb-For%-eighlsession
throu~h wiih its intervention ordecide to rcscindthat Wr. AL-Xftr!%'TIISSER(Libyan Arab !mahirij.a)
intemeneion.One way or anotheritcannot continuewith (jnferprelarifrom ArabI~): On behalfofmydelegalion,
ihe presentpolicy, which makes itanaccomplice in the may I condole thiiugh the deiegation of India, with the
destructionoftheBosnian people. Govenunent and peopleof Indiaoverthe hatuml calamity
whichhas befallenthatgreatpeople. Allow me, at the
My Govemment remainscornmitted to peaceand to outsettocongratulateyousincmly onyourdecrion to the
the idealsof apluralistic,democraricand multi-religious presidency of the forty-eighth session of the United
NationsGad Assembly. I shouldais0 liketo express
society. Unfortunately,some of the very nations that
espouse tbese ideds world wide havebetrayedthem by mycountry'sappreciationzoyow predecessor,Mr. Stoyan
inaction, and in tfieir own backyards. We mnot Ganev, for his çonsmctive efforts.We hop that in
indefinitely continue a stniggIeon principlewithout continuingIO play a constructive role in the new
adequate help from outside or without at least being internationalenvironment the General Assernbly will
beneM from your diplomatieskiliand broad experience.
affordedthefull oppominity todefend ourselves.
'Ihe action of out Parliament is cIear in its May 1 also take this oppominityto express our
cornmitment topeace, its dernandfora viableSiateand appreciation to the Secretary-Generai,MT. Boutros
a durable peace. Principles have been shamelessly Boutros-GhaJf i,ohisdedicationtothe UnitedNationsand
abandoned by those who hadthe greatestdutyand reason forhis effor timed atreformingtheOrganizat tohis
toupholdthem in ourcountry. We cannot andwill not criticaljuncture.
accommodatetheanxietiesofthosesarneGovernments and
alIow them to pressu re to abandon our lasthope for
1should Iikealsotowelcome the new countnes that
self-preservationana realand durablepeace. have joined the United Nations. We are confident chat
theirmembership wiIlenhance the roleothe Organization
Although there has been a processthrough which and furtheruniversal acceptance ofits principles and
purposes,which aim at establishinand strengthening
many wimessestothiscrimehavebecorneanaesthetid to
ithorror,thehomr itself willnever go away,and future internationalpeacandsecurityand ensuringthatjustice is
generationsof therighteousand thejug in everynation done.
will neitherforgivenomst the cuuntrieswhichallowed
ito happen. At leaçtabillionpeopleare waitingfor this Today, the people of the Jamahiriyacelebratethe
body ro act. Are Members reaily readyto surrender anniversaryof the depamire of ihe last remnantsof
Bosnia and irs people to annihiIation? Those billion Fascismfrom Libyansoil, thus puttingan end to a period
people Ihave mentioned, andnor only they,willnever inits historythawa chmcterized bythe dominationof
forgive you. çettler-colonialism,a periodduringwhich injustice and
persecutionprevailed. As our people celebrate rhis
Tjhe PRESIDENT: On behalf of the General anniversa trday, they reaffm that relations between
Assembjy,1wishto thankthe PresidentftheRepublic of Libya andthe Statefromwhich those settlers came are
Bosnia and i-ierzegovina forthe statement he hasjust now relations of gwd-neighbourliness, based on
understandingand uioperaîioninevq field.
made.
Mr. Ai& Iz'mbegovid, Presidenf of Bosnia and During the fdy-seventh sessio of the General
Heaegovina, was acorted from the Grnerai Assembly Assembly, there were numerous developrnents in the
internationalsituationHowever, before I speak of my
Hal&
counm's positiononthosedevelopmentsa ,llowme to stm
AGENDA ITEM 9 (conlinud) witha question which iç ofgreat importance to usand
which iç not unre1ated to those recent international
developments. Rattieritis one of theiby-products. It
GENERAL DEBATE haçtodo with thetendencyof certaincouniriestoimpose
Tlre PRESIDENT: May I reminddelegatesonce soIutionto their differences with other countries in a
manner thaî is not consonantwith the Charter of the
again thaany congratulationstok expressedtospeakers United Nations or with internationalnoms and
should be done Ihrougti the delegations in theaisles conventions. In so doing, those countries tend to
adjoiningthe plenary. delibemielyapply double standards,especidly when the I-7Octobcrt923 5
I
disputeiswitha countrythat pursuesindependentpolicies in thismater. Momver, in order fo detetmine the
and adopts unsubmissive positions. This is casewith reçponsibi flrihye bombingof the FtenchUTA plane,
regard tothe dispute that arobehuee nhe Libyan Arab more thandnemeeting haçbeen held between the Libyan
l
Jamahinyaand France, Britain and the United Statesof investigatjvejudge and his FrencctrunterpartContacts
America, when the the countries declared that they are ongohg with the Frenchauihoritiesto arrange the
suspected theinvolvement of Libyannationals ithe Pan Frenchjudge'ç visitand his missio nill be faciiitated,
Amencan and UTAplaneincidentsand demandecithat two providedhe arriveinapeacef und civilized rnanner and
Libyan citizensbehandedover rostand ha1 inSeotlandor notinthe manner of sixteenth-cenhuy gunboat diplomacy.
the United Statesof America Notwithstandingthe fact
that the Libyan authoritiesonce notified, took the Ihavekpokenbriefiyof the rneasurte akenby Libya
appropriate legai steps, the other parties refused to in respons4 to the stipulationsof Securiiy Counçil
woperatewith the Libyan authoritiesor await thresults resolution 7Pl (1992)As regards the determination of
of theirongoing investigations. Instead,they resortod responsibiliforthesetemorisactstowhichthe Arnerican
the SecurityCounciland directedit deaiwith thirnatter
andFrenc Pianes were subjectsd, rncountrytook legal
under Chapter VI1of the Charter,which has nothing to do and investidative measures and has called on the British
with the issue in question. Libya has not threatened andArneridn authoritiesto cotiperatein cornpleting the
anyone, nor has it endangered internationapeace and investigation. It hasalso calleon neurralbodies and
security. The whole thingis questionof suspicionsand internationalanhumanitanan organizaiionsto ve~ifthe
allegations that havto be investigated th& judiciaI
fairnessofthe investigations.
channels.
~oncedin~ its contribution to the eradication of
Althoughrny countr rydizesthathis rnatterhasbeen international terrorÎsrn, thaforementioned practical
addresçed,intentionally,withanframeworkthat is totally measuresprove my country's seriousne insstampingout
incompatible with itlegalcharacter,it hascontinued to this phenornenon. Libya'ç eagerness to elirninate
investigatethewhole issue, asit has donnesince it was international1terrorism was mboàied iour cal1for the
notifiedofthe matter,beause it Ideterrnined to uncovw conveningofa specialsessionof theGeneral AssembIyto
the circumstances andfaas surroundingthe case. Libya studythecdses anddimensions of the problem.
hasalso declareditsreadineçsto coopeme by responding
to the requirernentaf Securiq CounciI resolution731
ne matter thathas not yet been resolvedis that
(1992), which inclcludcooperationwith the Secretaq- relatingto ltherequestby the British and Amencan
General of the United Nations ensur tee successofthe authorities h, over theIWO suspectstostand aial in
missio enmsted tohim bythat resolution. the courts4fme of hose couniria. MY country ha
çparedno effort inseekin to resoIvethis problernin
in this respect, my muntry ha reiterakd its aceordan hihe the conventions of legaliry. We offered
condemation of internationalterroriineveryshapeand togoto the tern nat Ciornaof Justicandwe propoçed
fom. Ithassevwed relations wital1organizationsand amdering the two iurpectstothe UnitedNations office
entities suspected ofking involvecintmrist aetç and inLibyafor investigation. We also propsed that the
ha affmed thatit wiInotallow ittmitory, institutions
S-my-~?lcnl of theUnitedNations establisha legal
or citizensto be used, directlyor indirectlyfor the fa*-fmdingthmittee toexamine theverisirnilimdeofthe
carryingout ofsuch acts. Ithasdeclared its readiness to accusationhvi cdarroyut acornprehensive investigaion.
punish severely those proven guiltyof involvement in
terroristactivitiMy. countryhaçalso declaredthat there
are no terrorîtrainingcamps on itssoi1and ha invited
the SecurityCounciI,or any othw intemationalbody the The compctentauthorities in rny country put ihir
problem befpre the Basic People's Congresses - the
Council may ehoose, to investigateand ver@ this. legislativauthority-in Libya,which adopid a decision
whereinthedstatedthey would not objecttothe suspects
In addition,my countr yas cooperated with the beingtncd&ore anunbiared andfaircourt agind upon
Goverment of the United Kingdom in trying to fmd
byal1 concdied. On thisbasis,my coun!ryannouncedits
individuaiswhom the British Govemmenthas accuses of readiess to enterinto negotiationswith the cauntries
involvement in terrorist acts. Mothanone meeting has concerneciu,ndertheauspic ofthe Secretary-General,n
been held in this respect, and Britishoffrcials have a venue forlthe bial Uiat souldbeagrecd upon by al1
confmed the: Jarnahiri yos'svecooperationwiththem partiesto the dispute and that would guarantee an 'i CrneraAsrrmbly-Forry-cighrhsession
erivironment conduciveto reveuling thctnrth. To our This 1%'~~omrnunicatcd to theSrcrcraq -Gène:aIin tir0
minds,thisisthe:substance of Security CounciI resolutionletters conbined idocument 926523, dated 1 October
731 (1992). The Secretary-General was notified othis 1993.
stepid December 1992 andagain last July,when he was
infomed that Libya was prepared to discuss the The Libyan Arab Jamahiriya has responded
proceedingsand arrangementsrelatingto the trial. pragrnatica tllye stipulations ofSecurity Council
resolut io1(1992). Now ibecomesnecessary notonly
The position taken by the Libym Arab farnahiriya to abandonthe effortsaimd attightening the sanctions
concerningthese disputesmet with widespreaé approval imposd by resolution 748 (1992), but to lift those
from variousStatesand regional organizationincluding sanaions immediately. mis Iswhy we appeal to this
the Non-AfignedMovement, which is made upof some Assembly, which representsthe conscience of thworId,
110 States (see the JakartaMessage, PJ471675) t;e te supportthemaures that have been called for by the
Organization of the IsIamic Conference, with its 54 internationalandregional organizationhave rnentioned.
rnembers(resolution6/20 and21/14);theLeagueof Arab
Stateswhich has 22 rnembers (resolutions5156,5158,
The sanctions havecausedthe Libyan people much
5151, 5224 and 5281); and, last but not least, the rnise ryd have costthem billions of dollars in material
Organizationof African Unity (OAU), which uinsists of losses,towhich mustbe added thedeaths ofhundredçof
more than 50 States. The OAU, in resolution 1457, chiIdren,women and elderlypeople.1do not wantto go
expressedappreciationfor Libya's initiativestowardsthe intodetail,forwe haveelaborat oenthisin 14documents,
resolutionof this dispute and commended Libya's
the latesof which is document Sl26139. However, in
readines o cooperate with the legai and judicia1 brief, let meçaythat theembargo haç prevented about
authoritiand calleduponthe SecurityCounciI toreview 8,525 patientswiîh severe illnesfiom travelling abroad
resolution748 (1992) with a view toliftingthe embargo for treatment. It has preventedcollege professorsfrom
impoçed on Libya. travellingto Libya and has led to the suspensio of
contractswithhundreds of physicians.The embargo has
nie positions taken btheseorganization howthaî caused the nurnbet of fatal road accidents to doubIe
îhey see the justiceof the Libyan viewpoint, and also becauseof the difficultin transportiig the injureto
highlighttheirinterestin playing their rola in resolvingspecializedhoçpitalsin neighbouringcountries. Also,the
the disputeby peaçefulmeansaccording toChapterVI11 deathrate amongcattle hasbesnhigh because of lack of
of the Charter. lt wnç hoped that the thre etates immunizatio ridashome of pteventive rnedications.It
uincemed would take thesepositionsintoconsideration hascut the revenufrom econornicactivities bmore than
and respondto the Libyaninitiatives, bour efforthave $2,400,000,000. Furthemore, there isa severe lack of
been rejected. Moreover, the States concernedhave sparepartsfor aircrawhichhasled to aplanecrash wÏâh
157fatalit amesngpassengersof variousnationaIities.
discreditedboth the flexibiliand responsivenessofthe
Libyan position andhave insiste4 in contraventionof
internationalaws andpracîices,on the extraditioofthe nie easing oftensionsin internationalrelations has
suspec tothe UnitedStatesorBritaintostandtrialbefore enabledtheinternationacommunity to achieveprogressin
the courtsof oneof thosecounmes.
the areasof disarmamena tnd the protectionof human
rights. It hal50enhancledinternationalefforts aimed at
Libyahas not, in principle, rejectthetrial othe solvingdisputes which, until recently, have been a source
suspects,as it has çonfimed fTom the very start.All ofgreat conceni.'Thishas includedthe reconciliationin
Libya hasasked for, andisstiI1deteminecitoobtain,is a Cambodia and the maintenance of stabilityin Central
legitimate and unbiaseétrial witb al1 the legal and Ameririça.lhere are alsa positive signs regardingthe
psychological guarantees that go with it. Intensive attainmmt of laçtingpeace in Mozambique. Important
consultationsand contacts inthis regard were recentiy steps have beentakentowards !%Inationalreconciliation
condubed, and theirresults wereuimrnunicated to the inLiberia,andthe disputein,Rwandaison itsway to a
Secretary-Generdon24 September1993. Libyaconsiders final solution.However, these hopful developments
thecontent ofthe Semetaiy-Gene rapl'suffidentand shou1d'norma& the factthatthe world now is inthe grip
acceptabl a n,, therefore,the onIy step lefî in the of unprecedentedtensionandconfiictç, whichnecessitate
resolulion of thisproblem is that of mnvincing the further efforts by the United Nations and regIona1
suspecisto subrnitthemselves to the Scottishjudiciary. organizationnot only to resolvthem but aIso to prevent
The Libyan Arab Jamahinya isencouraging hem to doso. certaicounh-iesfiommonopolizingthereso1ution of such Forty-righsessio-7 0ctober11993 7
l
conflicts. ne problemof Cypnisremains unsolved. The Given our convictionthat peace and secunty inthe
situati innBosniaand Herzegovinaand the Balkansin Meditemean region iscloselyrelatd, notonlytosecurity
general has deteriora anedcontinues to cause much andcoopdrationwith Anicsand Europe, butalro toworld
human misery.Afghanistan has notachieved tata1stability peace and securjty, thestrengtheningof security and
yet, andfightingin Angolahm intensified. The national mopcratidn inthe regioinsa hi& priarityforthe Libyan
peace accords therehave not been genuineIy observed, rab ~mah~~a. nat ir ther-n why my mm@
regardlessof the international and regional efforts General Assembly resolutionin this regaras
deployed. me situation in SoutAÇica has witnased resolutionsadopted on the subject by other
scimepositive developments, butan Immediate stop must
orgzmizatldnr,sucO the Non-Ali~ed Movcmmr. Once
beput ta theactsof violencewhichnegatively affectthe again,we declsr teatwe welcome any and allinitiatives
transformationof South Africa into a unified,democratic aimed at removing the causes of tension, enhancing
and non-raciaI State. stabilityand expandincooperation in the region.
l
Formorethan foui decades, the United Nationhas My cluày is fuliycognizant of the fact thathe
continued toadopt numerous resolutionson the questionof strengthening of security and cooperation in the
Palestine. Regardless, the Israehaverefused tocomply ~editerranian region is a multidimensional issue.
with any of those resolutionsdl ofwhich reçognizethe However, ye continue to believe that withdrawal of
inalienablsandIegitimaterightof the Palestinianpeople to foreignfleetsand the closingdowof foreignbases in this
self-detemination and their right to retuni to their
regioncons1initethe essentialelernenSuch astep woutd
homeland. Rie provisionsof GeneralAssemblyresolutjon enhance confidence-buil indtng area and charnel
194 OU) on the rightof returforrefuges, of resalution resourcestdwardseconornicandsocial development. At
478 (1980) onJerusalem ,fresolutio3375(XXX) on the the same le, the Libyan Anb Jamahiriyabeliever that
right to self-detemilnationaof resaIution 799 (199on the use of tialogue andunderstanding - on the basisof
depaiteesareonEy a fewdeadletterexamples.Despitethe mutual respect forsovereignty and in accordance with
mut developments conceming the questionof Palestine, internationloms andconventions -tosenle differences
fhe positionofthe LibyanArabJarnahiriya regardingthis would alsoconstitutea bzic elernentinrestoting security
issue and the conflicin theMiddle East rernainsas we and rtabilid ta the Meditmanean region. Mmover,
have previous elylainedit,and let menow reiterate it:intensifiedcollaboraon and caordination of efforts in
al1occupied Arab territorieshould be liberaxedand the areas of cornmon interest would furthtr enhance
Palestinianpeople shouidbe supporteduntil they have cooperation.For thisreason,theJarnahiriy aelcornesthe
regaindl altheirrights-the foremostof whichbeing their steps takenwithin regional groupingssuch as the Arab
right to seIf-determination,theirrtoretum totheirland Maghreb ~n$n and theWesternMalitemnean Gmuping
and theirright toestablishin Palestinetheirown State, (5 + 51,assuch steps constituan importantbreaktiuough
whereboth Arabs and Jews can live onan equalfooring. towardsthe rhlimtionof peoples' aspirationah peace,
securityand&operation.
in another part of the Arab homeland,namely
SomaIiq the çituatian is stalsource ofgrave conem. Concreteprogress ha been made over the past few
AIthoughearlier effortweresuceessfulin creating a safe years in the areaof disamament,especiaily with regard to
envirament for the dim'butionof humanitarian reIief the reduetionlonuclear-weapon stockpilerandaccession
assistancetothose sufferingfromthe widesprd famine,
by more corntries to the Non-ProiiferaîionTreaty. WhiIe
the recent events,which indicatethatthe circumstances it welcomes whose developments, the Libyan Arab
have changed,show how sensitivethesituati isonnthat Jamahinya do,esnat consider them to be sufficient and
region. My counny, which has closely followed the believes that the dangeof nuclearproliferationquires
developments inSomalia,mains convinced thasolutions furtherinternaiiond effortsthatwoulleadtothe complete
taproMemswrnot be imposed byforceregardlessof the eliminationofal1weapons ofmassdestruction in thecase
enforcer.Solutionscank foundonlythraugh dialogueand l
of everyStatelhatpssesses, producesor stockpilesthem.
understanding. Consequmtly, my country supports al1initiativeçaimeat
achieving thir/ad, inclvding the enhanament of the
Firstand foremost, the Somalis themselvesshould United Nations disarmament rnechanisms and especialiy
abandontheir diffemces and worktogether toimplement the Conferenceon Dismament, whose work has ken
crowned bythe ChernicalWeaponsConvention. This isan
theagreementsthey havereached sothat Somaliaand its
people may regain peace,security andstability. ambitious documenton the road to generaand complete 8 CentraArsembl-For&-eightsession
disarmamat. H~wever, my country hassofarabstained began with the establishment of Afiica's economic
fromsigniw thiç convention becauseof the exigencein communiiy and havebeen enhancd by the establishment
fl theregionwe live in of weaponr of masrdermidiothal of a numberof subregionalgroupings sueh as the Ar&
arenot subje intemationalsafeguardsandinspection. Maghreb Union, which hastakenimportant stepstowards
Under such circumstarms,it is dificuito considerthe improvingthe use of the region's resources atowards
u chernical W@apnirConvention wiihout conrideringothr
çrrengthening theregionaltiesthat wouId enhance the
weapons ofmzs destruction in the MiddleEast,mainly adoptionof comon poIicies by its rnembecountriesin
nudear weapons. the political, econorandsocial spheres.
I
My countsl supported the cal1 for the
establishmentofnuclear-weapon-freezones,indudingthe Last year' sarthSummit yielded important results.
We aresatisfiewi* the measures adoptedtowards the
proposal by the Arab Republicof Egypt which calIs for realization of the Conference'sobjectives, especially die
makingthe MiddleEast an area Fre ef weapons ofmass beginnings of a convention to combat 'drought and
deçtruction. Bsedonmy countrye' agernesstostampOUI desertication.This isan exrrernelyimportant issue for
the dangers of suchweapons aridin ordw to get rid of my country andforthe whole North Afiica region,which
them, it ha^called on the United Nationsta adopt&e sufferscorn a shortage of water and is rhreateneby
necesçary masures to destroy nuclear, bacteriologid, drought and creeping desertification. Furthemorewe
chernicaland otherweapons of massdestmction, suchas believe that tme deteminatitoprotectthe environment
ballistic missiles, anto prohibit and crirninalize the lies in international cooperation ain honouring the
development, possessionanduse of alsuch weapons. commitments madeat the Rio Conference. Protection of
the environmentis oneof mycountry'stop priorifiOur
The international family'scurrenteffotsestablish firsSep in combatingdrought and desertification is the
secwity and stability in the world, mainIythroughthe greatman-maderiver. Our national plans inçlude the
redoubling of effortto contain politicaises and end reclmation of thousands ofhectares of desertfor the
purposeof agicultureand settlement.
regional dispures, should be expanded to embrace
economic problems aswell. nie impact of economic
problems on international peace and securityis nless Inthis respectEmust inform the Assemblythat our
dangerousthanthat of med conflicts. Accordingto the efforts to expmd environmental protection and
1993 WorId Economic Survey, the worId economy maintenance are being hampered by thewjdespread
continues to stagnate. Its revitalkation requiresurgentpresenceof rernnants war,andofmines that were laid
international rneasureswhichwoulgive special mention in Libya's soi)duringWorld WarII. International and
to the developincountries,which sufferfromeconornic regional organizationshave adoptednumemus resolutions
difficulties that arise from trade proteaionism, largein this wnnection, and theGenml Assembly has also
externaldebts,restrictionson the msferof technology, adopted çimilarresolutions,the latest of which was
the reversflow ofresourcesand low commodityprices.
resolution 401197.Al1thoseïes&tions have calledupon
the coun~es responsibleto provide the informatiand
Inthe contextofthe internatiocommunity's efforts techical assistance requiredforthe removal of those
topromote economi and social developmenimy wunq minesand oher remuantsof war,andtopaycompensation
wishes to draw attention to the danger othe coercive for the damage eaused. Twlay,we cal1onceagainupon
maures of various forms,to which some developing those countriesto shcrulder their reçponçibilityato
countries, including mineare being subjected. Such respoad tothecallsofihe international commwnityand the
rneasures constitute one of the main obstacles to United Nation rssolutionsonthe remnants anddebrisof
development and nincounter to the Charter, the niles ofar.
internationallawand to al1relevantGeneral Assembly
resolutions. Theadoptionof internationalpoliciesandprogrammes
airnedaiençuring rnankind w'ell-being and anainithe
Support for development efforts also requiresthe àestpossible standard of living isoneof our objectives.
international commuaity to honouritscommitmentç to On this basismy counfryweluimes the convening of the
InternationalConferenceon Population and Development
certain development programmes,such as the United
NationsNew Agenda forthe Developmentof Afnca in the nextyear,and ofthe WorldConferenceon Women and the
1990s. A6ica attachesgreaîhope to this pmh-e World Summit for SocialDevelopment in 1995. To our
becauseitwouldhelpprornotedeveiopmenta! efforttha? mind,these conferenceswilgivea strongpolitical impetus to internationeffortandactivitieaimed atstampingout In carryingout the recomrnendations of the Agenda
underdeyelopment,poverty and hunger. ln welcoming
for Peace,the United Nations should be guided by the
theçe conferences,we are encouraged by the important principleof the Charter and especially by its resfort
resultsfrom the InternationaI Conference on Human the sp~ereignty, temitoriaI integrfty and political
Rights. They area great achievemenin thepromotionof independenceof Statesasstipulatedinresolution471120,
respectfor human rights anbasic freedoms. andconfmed byremlution 47,233 aàoptedby theGenerai
Assembly just 1st rnonth. The strengthening of the
My countrywhich belongs to onofthegreatcultures GeneralAssembly so that it rnayperfom the role entnisted
ofthe world, namely the Arab-Islamicculture thahss toit by the Charter shoube one of the main objectives
contributecigreatlyto the promotioof human rights, is in refo&ing the United Nations. The Security Council,
determined to continue to support the international which Mbber Statesbave entnist wedh the maintenance
communiry'sefforts, deployedthroughtheUnitedNations ofinternationalpeacand securiryon theibehalf,should
anditsorgans,in the areaof hurnanrightçothatwe may carryout,itdutiesin amanner that fully confomç with
realizethegoals of the ViennaDeclarationand Programme the principles andpurposes of the Charter and with
ofAction. international laws anoms. The Council should also
improveitçmetho&of workand adoptan objective course
of actiod. It shouldnot apply double standard wshen
Given its interein humanrighrs whichit considers dealingwith issues of world peace and security. The
tobe the basisfor develspment andprosperirnycountry
haçworked to achieve and strengthenequalitfor al1its presentfacton the groundnecessitate an enlargemenof
citizen5 andta guarantee their rîghts.mis has been thernemqershi pf thSecurityCouncil notthrough partial
s-ssed in thegreatgreendocument on hurnanrights and measures;but through radical solutions that reflect the
increaseinthe rnembershipof the United Nations andtake
basic freedoms. The freedom enhancementact was into considerotion equal geogsaphicd aistributionin
promuIgElre in 1991,anda largenumber of international
agreement isthe am ofhuman ri&& have also ken accordancewith theprovisionsofArticle23of theCharter
ratifies. In addition, the International Committee on thed the(bjesiivcr of General Arrcmblyresolution 47/62.
Qaddafi Award for HumanRights hasbeen established.
Witliinthcontextof thereform process,itishighly
importan(to review someof theprovisionsof the Charter
The restructurinand reform of the United Nations
and the democratimion of thecompositionof itç organs thatarenolonger inkeeping wiih the great changeschar
have becornea necessity if the UnitedNationsis tobe havetakenplace in the internationalarena. The world
enabled to meet internationaldemands,home more situatioin 1945and thesituation nowaredifferent. This
requk he adoption of hld measures in relation to
responsire to the needs of Member States and more ceRainprpvisionsof theCharter whose continued existence
effectiveinitswo* inconsonancewith thegoals of the
Charter. constitutepa majorirnpedirnetothe most important role
of the United Nations, namely, the maintenance of
internationpeaceand çemrity. Here,we referto the veto
My ewnny has been following with interestthe power in the UnitedNations SecurityCouncil whiçh is
currentatternptsatreformin tge United Nationsin the held by a very few countries, The abolition of this
economic and social fieldsWe welwme thedecisionon privilegelissomethingthat has long been called for; calls
the revitalimtion of the General Assembly and the
streamlini ofgits agenda. We hope that the adhm for aboli(iohave grown overthe last few years. Rie
working gmp establishedforthis purpoçewill reach a position~xpressedby many countries, including rny
country,duringthe lassession ofthe GeneralAssembly
conclusion thastnkesa balance benveen,and safeguards andin oqier foms, confimç the widespread desire to
theinter- of, al1Member States. aboli& this privilege and highlights thefact that any
The Secretary-General's proposals in his report collectivsecuri systemthat is subjectotheveto power
entitle"AnAgenda for Peace"ara valuablecontribution of sornecountriesmot bedepended upon to mainiain
intmatio+al peaceand securib.
towardsdancing the Organization'satiil iotyeet the
challengesof thecorningperiod. My comw welcmed Inconclusion,aswe prepare to celebrate the fiftieth
thoseproposals, andhastakennote of thetwo resolutions
adopted bythe Genml Assembly inibisrespect. amivmuy ofthe UnitedNations, andaswe look fonvard 1
I
I 10 GrneralAssrrn-Forty-cighthsession
rothenext50 years,we aredutyboundb,oa as Statand Furthemore, solutionsare beingfound evm to the
most protractedregionalconflicts. Therecent historicact
aspeoples,to iaydown a strongand justfoundasionfor
theworldof tomomow.nie worldwe aspiretois world of mutual recognitionbetweenIsraeland the Palestine
freehm conflicts, dispuandwars; a worldwherethe LiberationOrganization(PLO) and the interim Face
meansof annihilationanddesmaion do ncrexist and agreementare acase inpoint. Wehoce thatthiswill lead
where thernanifatat iopnserty and sufferinghave to a just and cornprehensivesolutitothe Arab-Israeli
longdisappeareda worldof securityandstabilibuilrby confiict.
peopleon the basis of rirtue,jusandeequality,where
democracy andhumanrightsare reinforceby theabsence An importanbt reakrhroughowardsdernocracy anda
of violence,injusticeandarbitractsa worldwhereal1 multiracialsociety SouîhA&ca has been made. Peace
people havea genuineopportuni5 to lookto thefuture and thenationalreconciliatithathad eluded Carnbodia
withoptimismandto enjoy peace,securitand happiness for so long hasbeen restored to thisland of ancient
by mly applying -theprinciplesof the Charterof the
civiliution. Landmarkagreements on the prohibitionof
United Nations. In contributingto the achievementof chernical weapons and on the reductionof nuclear
thesegoals,the Libya Anrab Jamahiriyaput forwarda maments havebeenconcluded.
proposaidesigned to deal with and çolvmany of the
problemsand issueswithwhich rnankindis preoccupied.
Thatproposalwas circulatedindocumentA/46/&1w 0hich In the meantirne,itiç clear that old, deep-çeated
problemçstill awaitsolutionsandnewones, once held in
1shaUnot addressbutwhichisavailablto reptesentatives checkby the circumstanceof thetime,areemerginp.
asan addendurn trthis stalement.
G*MBoSUREN wongOIia): At the wtset, Indeed,no tangibleprogess ha been registeredin
addresshg the issuesof poverty, extemal debt,dnigs,
permitme to offerto you, Sir, mydekation's sincfle organizedcrime,the widening gap beween the
congralations on your unmimous election 10 the md the poor,and environmentalcnçes. Thou& the cold
presidencyof the fo~-eig~fi sasion of the General ,, isO,,, the"hotwars" have multiplied.ufficeitto
Assembly.Your professionalxpaience asyourcounrry's mention the continuing mgedieç of ~~~~i~ and
PermanentRepresentativeto the United Nations will ~~~~~~~i~~ somali a,~~~~~-K~~& and *bkhazia.
undoubtedly be anassetinour importantdeliberations.
Itis widely recognizedtoday îhat theconcept of
We pay tribute to your predecessor,Mr. Stoyan development hasacquireda multidimensionalcharacter
Ganev, forhis dedicatedservice. We applaud the
Secretary-GeneraMlr,BoutrusBoutres-Ghali,fohisbold encompassingnotonlyeconomicgrowth,but aisopolitical,
social andenvironmentalaspects. Moreover, greater
and tirelesç effotsstrengthenthe worldOrganization. emphasis isbeing placed on the human dimension of
We warmly welcontethe new Mernbersandwish hem development,as in the final analysis the well-beofg
well. peoplestandsasa me mwurement of development. We
believe that the United Nations is the only, and
A setrospecrivlookatdeveloprnentssincetheendof irreplacea rnechanisrnto translate this concept into
thecold warrevealsthecomplexity ofadvancingtowards reality.
a new fabric ofinternationlelations. On the onehand,
the spirit ofcooperationand interaction is becoming Inthi sespect,theUnited Nations-sponsoredworld
prevalent. Thenewdemocracies arernakingheadway in
thefaceof fie formidabledificulties of transition.Recentnferences.onpopuiationand on wornenand the World
SummitforSocialDeveIopmenr arecalledupn toopen up
eventç in Russia are ample evidence of this. Weare betterprospectstothatend. No Iastingsolutiotodw's
confident thathe demo~ratic forces l,d by hesident variousproblemscan besought unlessthe developmental
Yeltsin, will ovemme the presentordealandsucceedin challenges are adequateladdressed. *nie concept of
theirendeav~~rç.ne significanceforthe tegion athe developmentand its practicaaspects will certainly be
entue worldofthe succesçofRussia'srefams cm hardly
overemphasized. enricheby the Secretary-General'inrerirreporton an
agenda for development and its upcoming discussion
dutingthisession.
Mr. Ouedraogo (Burkina Faso), Vice-Chaimian,
toakthe Çhak Now is the time resolutelto address the long-
standmgagendarelatingto economic disparitiebetweenAnnex 71 Security Council
S/26629
26 October 1993
ENGLISH
ORIGINAL: ARABIC
LETTER PATED 22 OCMBER 1993 FROM THE PERHAHENT REPRESENTATIVE
OF THE LIBYAN ARAB JaPiRHIRIYA TO THE UNITED NATIONS ADDRESSED
Tû THE SECRETARY-GENERAL
1 =fer to my letter of 11 October 1993 adàressed to you, in which I
informed you of the press release issued by the defence team for the two Libyan
nationals on 10 October 1993 following ite two-day meeting In Tripoli, and 1
have the honwr to transmit to you herewith the following documents:
1. Statement of 27 September 1993 by an official source in the
secretariat of the General People's Cornittee for Foreign Liaison and
International Cooperation (annex 1);
2. Agreed press release issued on 10 Dctober 1993 by the defence team for
the two Libyan nationals (annex II);
3. Statement issued by the Libyan Arab Human Rights Cormittee on
11 Octaber 1993 (annex III);
4. Statement issued an 12 October 1993 by an official source in the
General People's Cormnittee for Foreign Liaison and International
Couperat ion (annex 1V ).
1 should be grateful if you would have this letter and its annexes
circulated as a doevment of the Security Couneil.
(Siuned) Ali Ahmed ELHOUOgRf
Permanent Represent ative
93-58025 (E) 261093 261093 s/26629
English
Page 2
Annex 1
Çtatement of 27 Septeniber 1993 by an1 official source
in the secretariat of the General ~ebple's Cmittee
for Foreisn Liaison and ~nternational Coo~ration
l
An offieial source in the seeretariat of the keneral People's Committee for
Foreign Liaison and International C~operation has Etated that the repl ieç
seceived to the legal questions posed by the attorneys for the two suspects were
'positive.
The General People's Committee for Foreign ~iàison and International
cooperat ion aff irms that the Seeretary-Generall s létter an this matter is
regarded as adequate and acceptable. We do not objeet to the two appearing
before a Scottish court, and we urge thm to agree to do so. we believe that
al1 that remains to resolve a long-standing crisis that has eauçed our people
and neighbouring peoples grave human, material and moral damage is a single
step, namely that of persuading the two suspects, their families and their
attorneys that the two sbould appear before a Scottish court. Si26623
English
Page 3
[Original: English)
Aareed press release Issued on 10 October 1993 by
the defenee team for the two Libyan nationals
The legal advisers ta Abdelbaset Ali Mohamed Al Hegrahi {"Abdelbaset") and
Al Amin Khalifa Fhha ("Al Aminv) met in Tripoli for discussions on 8 and
9 October 1943. Present at sorne of the sessions were Abdelbaset and Al Amin,
who confirmed again in the strongest terms their innocence of the charges and,
notwithstanding thcir right under domestic and international law to remain in
Libya, their willingness to stand a fair trial after due process of law.
The legal advieera discussed the fundamental rightç of every accused,
namely the right to be affosdd a fair trial before an impartial tribunal, the
maintenance of the presumption of innocenceand the right to be given adequate
the for the preparation of the case after being notkfied not only of the
chargea but also of the evidence the proseeution wish to adduee in support of
the charges.
In the context of these discussionç,grave concern waç expressed aver the
poasible prejudicial effect on potential jurwrs of pre-trial publieity in the
United States and Scotland and also, in the absence of a normal extradition
procedure, the refusal of the prosecution authorities to diselose the evidence
upon which they intended to rely at any trial. The latter refusal seriously
undermines the adrisers' ability to prepare for the case propetly.
Al1 of these mattera and others were exhauçtively discussed and advice was
tendered to Abdelbaset and Al Amin. ft will ùe undetstood that the advisers'
deliberations and the advice tendered by them to Abdelbaset and Al bmbn are the
aubjeet of Legal professionalprivilege and no details of it will be divulqed
beyond the terms of this memorandum.
The legal adviserg have noted a statement issued On behalf of the Libyan
Government on 1 October 1993, which, inter alia aaid:
"... we are prepared to receive a group of competent judieial Seottish
offieials to be aeguainted with our efforts and to interview the suspects,
their families and theit lawyers, as well as to participate in the efforts
to persuade them to appear hefore a Scettish court."
This attempt by the Libyan Government ta intexfere with the advice given to
the two men ks totally unacceptable. In accordancewith normal and accepted
international legal practice, the advice to Abdelbaset and Al Amin has been and
remaine that they should not communicate with third parties about the case other
than through their legal advisers. In particular, warrants having been issued
by the judicial authorities in the United States and the United Kingdom, kt
would be improper and unethical for there to be any direct communication between
the prosecution authosities, their Governments or their agents and either
Abdelbaset or à1 Amin.S/26629
English
Page 4
I
The legal advisers wish to emphasize that they represent Ahdelbaset and
Al Amin and do not represent Libya. In their endeavours to perfom their
duties, profeesional ethica dictate that any advie? given tu their clients is
aimed to refleet and proteet their individual and personal interests and rights
in law. i
I
Follwing upon the deciaions taken af the -Linge, the legal advisers
intend in the immediate future to contact both thel Foreign Office in the United
Kingdm and the State Department in the United StaFes to diseuas future S/26629
Englieh
Page 6
l
Annex IV
Statement issu4 on 12 October 1943 bv an official source
in the General People's Cornittee for Foreign Liaison and
1nternat ional Cooperat ion
An unnamed source in the Ceneral People's Carnittee for Foreign Liaison and
1 ~nternational Ceoperation ha8 stated as followa:
"In its resolution 731 (19921, the Security Couneil calls upon the
judicial authorities of the Great Jamahiriya to eooperate in the French
judicial inquiries into the incident involving the UTA aircraft. Despite
the eomplete ccwperation, empliance and flexibility of the Libyan judicial
authoritieswith the French inveatigating magistrate and despite the
eustained positive contacts maintained with the French authorities
coneerned, France still refuses to resolve its problem with Libya. Rather
than doing 80, it linka the resolution of this prablem with that of the
froekerbie case, deapLte the fact that the French demands differ frm thoee
of the parties to that issue. France's insistenceon linkage with the
United States and the United.Kingdomand itç refusal to salve its problem
with Libya reflect an extreme position that reminds us of the collusion
among the racist regimes. ft also constitutes procrastination by France in
the implementation of Seeurity Council resolution731 (1992) and even an
open violation of tbat resolut ion."Annex 72UNITED
ICIAROAIS
Security Council
S/26760
17 November 1993
ENGLISH
ORIGINAL: ARABIC
LETTER DATED 15 NOVEMBER 1993 FROM THE mammnT REPREÇENTATIVE
OF THE LIBYAN ARAB JANAEIIRIYATO THE WITED NATIONS ADDRESSED
TO THE SECRETARY-GENERAL
1 have the honour to transmit to you herewith the text of a statent
issued by the General Peaple's Cornittee for Foreign Liaison and International
Cooperationof the Libyan Arab Jamahiriya on 11 November 1993 following the
adoption by the Security Council of its resolution 883 (19931.
I should be grateful if you muid have this letter and its annex circulated
as a document of the Security Council.
(Sisned) Ali Ahmed ELfIOUDgRI
PermanentRepresentative S/26760
English
Page 2
Statement issued bv the GeneraP People's Cornittee for Foreiqn
Liaison and International Cooveration of the Libvan Arab
Jarnahiriva on 11 November 1993
The General Peopke's Comittee for Foreign Liaison and International
Cooperation has taken note of Çceurity Couneil resolution 883 (1993) of
11 November 1993.
It expresses Itç displeaaure and deep regret that the Security Council haç
once again yielded to the pressures and manoeuvres of the United States of
America, the United Kingümn and France, three countries that are pursuing a
policy of force,admonition and threat as their only means of intercourse with
the Great Socialist People's Libyan Arab Jamahiriya with a view to prolonging
the dispute, inflieting the greatest possible hann on the Libyan Arab people and
achieving other objectives that bear no relation to the subject-matter of the
dispute.
Hêving thus expresse6 itself, the General People's Comittee for Foreign
~iaison and InternationalCooperation af firmç at the same the the earnest and
sineere desire of the Jamahiriyato arrive at a solution to this cantrived
erisiç as soon as possible. It has àemonçtratedthis deçire in the many
initiatives and proposals it has made that have met with the approval and
support of international and regional organizations by virtue of their marked
flexibility and realfsrn in responding tu Security Couneil resolution 731 (1992),
most recently that set forth in the letter dated 27 September 1493 from the
Secretary of the General People's Committee for Foreign Liaison and
International Cooperation to the effeet that the Libyan State has no objection
to the appearance of the two suspects before a Scottish jurisdietkon and that it
is prepared to urge them to do so.
Security Couneil resolution 883 (1993), in the manner of its wording and
with the measures that it envisages, will undoubtedly have the eonsequence of
aggravating the damage sustained by the Libyan Arab people, whieh will extend to
neighbouring countries, the countries of the region and other countries.
The insistence of the three States on segarding the Great Jamahiriya as
posing a threat to international peaee and security bears no relation to the
true state of affairs, That insistence deliberately overlookç the Jamahitiya's
condemnation of terrorism in al1 its forms, its readiness to cooperate in
internationalefforts for its elhination and its invitation ta the Secretary-
General of the United Nations to dispatch a mission to verify the concret@
measures taken that demonstrate the absence of any conneetion between the
Jamahiriya and terrorism. For these reasonç, there is nothing to justify the
resolution's invocation of Chapter VI1 of the Charter.
The General Peaple's Committeefor Foreign Liaison and International
Cooperation once again reaffirms the readinessof the Great Jamahiriya to
reçolve the contrived crisis without regard for threat ar admonition or for what
the three Western States are contemplatingand to do so, in the first instance, 5/26760
English
Page 3
in osder to clear itself of suspicion and then to cooperate with the
international community in bringlng the tsuth to light.
It alerts the international community to two issues:
1. The enormity of the damage that would be lnflieted on the Libyan Arab
people, on neighbouring countries and on the othes eountries of the world
by the implementation of the resolution;
2. The deplorable state to which international relations have been
reduced, inasmuch as this crisis has shown that whenever the United
Kingdom, the United States and France agree on a particular matter they are
able to impose it on the international community through the Security
Council, which bears sole responçibility for the consequent material and
human losses, S/26837
3 December 1993
ENGLISE
OR 1GINAL : FRENC3
LETTnR DATED 3 DECEMBER 1993 FROM P- REPRESENTATIVE
OF ERANCE TO TfIEUNITED NATIONS ADDRESSE33 Tû THE PRESSDENT OF
THE SECURIm COUNCIL
You wilf. find herewith the reply of MY. Alain Juppé, eister for Foreign
Mfaira of the French Republic, to the letter #hi& was addresçed LO him by
m. Omar Motmtasser, Secretary of the People's Carmittee of the PeopleXs Bureau
for Foreign Liaison aridInternationalCooperation of the Libyan Ar& Jamahiriya.
I should be grateful if you could arrange for the text of the present '
letter to be eireulatedas a document of the Seeurity Cowcil.
(Sisnedl Jean -Bernard MERIMEE S/26837
English
Page 2
LETTER DATED 2 DECEMBER 1993 FROM THE MINISTER FOR FOREIGN
AFFAIRÇ OF THE FRENCH REPUBLIC ADDRESSED TO THE SECRETARY
OF THE PCOPLE'S COMMITTEE OF THE PEOPLE'S BUREAU FOR
FOREIGN LIAISON AND INTERNATIONAL COOPERATION OF THE
LISYm ARAB JAMAHIRTYA
I thank you for the nail which yau kindly delivered to our Ambassador in
Tripoli. I assure you that it is the will of the French authorities to obtain a
reply -rom Lkbya to the requesrs formulated by the French Judiciary and of whiçh
the Libyan Judiciary is fully infomed.
The content of your letter was trançmitted by me to the French examining
judge. The French autharities continue to hope that Libya will give its entire
cooperation to the French Judiciary in full respect of the relevant Security
CounciP resolutions.
Rest assured chat the French authorities are determined to do everything
possible to arrive at a judicial solution which administerç justice to the
vietims and ensures respect for the legltimate rights of their families. UNITED
NATIONS
Security Council
Distr .
GEPaERAL
S/26859
10 Becember 1993
EWGLISH
ORIGINAL: WIC
LET= DATED 9 DEGEMBER 1993 FROM THE CHARGE D'AFFAIRES A.I. OF
THH:P m MISSION OF TIZZLIBYAN ARAB JAMAHIRIYA TO TIiE
UNITED NATIONS ADDRESSED TO THE SECFSTARY-GENEILAL
1 have the honour to transmit herewith two letters from the Secretary of
the General People's Connnittee for Foreign Liaison and International
Cooperation, one dated 8 December 1993, concerning the initiatives taken by the
Libyan Frab Jamahiriya with a view to finding a solution which meets the
requirements of SecuriLy Cobuicil resokution 731 (19921, and the otber dated
9 Decernber 1993, concerning the position adopted by the summit meeting of
African States participating in the rnachinery for the prevention, çettlernent and
management of conflicts in Africa, held ln Cairo on 6 and 7 Decernber 1993, with
regard to the confliet between the Libyan Arab Jamahiriya, the United States af
America, the United Kingdom and France.
1 should be grateful if you would have the text of thka letter and iLs
anriexes circulated as a document of the Security Council.
(Sisnedl Ibrahim Abd Al Aziz OMAR
Chargé d'affaires a.i. S/26859
English
Page 2
Annex I
Letter dated 8 December 1993 from the Secretary of the General
Peaule's Cornittee for Foreiqn Relations and International
Coo~eration of the Libvan Arab Jarnahisiva addressed to the
Secretam-General
With reference to the letters dated Il September 1993, 21 October 1993,
3 November 1993 and 30 November 1993, 1 have the honour to inform you that the
Great çocialist PeopleJs Libyan Arab Jamahlriya, reaffirming its deslre to xeach
a settïement of the conflict provoked by the three Western States over the
Lockerbie case, has, following the adoption of Security Council reçolution
883 (1943), taken several initiatives,directly or in consultation with friendly
countries. These initiativesare airnedat finding a solution which rneets the
requirernentç of Security Councll resolution 731 (1992) and settling the dispute
betwea the ~ibyan Arab Jamahiriya and the three Western States over the means
of implementing that resolution.
Thus, Colonel Muammar Qadüafi, leader of the gloriouç revolutkon of
1 September, sent a letter dated 25 November 1993 to His Holiness
pope ~oim Paul II, in which he expressed his desire to cooperate vith
His Holiness and with Presidents Clinton and Mitterrand and Prime Miniçter
John Major of the United Kingdom in determining the venue of a fair trial which
would be acceptable to the suspects, their families and their lawyers.
Likewise, the sister Republic of Tunisia, whieh holds the chairmançhip af
the Arab Maghreb Union, proposed, in consultation with Che Libyan =ab
Jahiriya, that the two suspects be interrogated and tried in France, as that
country is one of the sponsors of Security Council resolutions 731 (1992),
748 (1992) and 883 (1993), relating to the dispute between the Libyan Arab
Jadiriya and the Western States coneerned.
Furthemore, the Ar& Republie of Egypt in consultation with the Great
Jamahiriya, proposed to the Government of the United Kingdom that the two
suspects be tried by a Scottish Court der the legislation applied in Scotland,
provided that the trial were held in a third country or at the headquarters of
the International Court of Justice in The Hague. No seply has been received to
this proposal.
As we indieated in our letter of 11 October 1993, the position of the
lawyers for the two suspects, as stated on 10 October 1993, has limited the
arguments that the Libyan authorities might advance ta persuade the suspects to
travel to ~cotland.
we believe that the initiativeswe took following the adoption of Security
Council resolution 883 (1993) will meet the approval of the two suspects and
their lawyersand help the Security Couficil to discover the identity of the
perpetratorof the bornbing of Pan Am flight 103 and to punish him, and also to
guarantee the right of the victims' families to receive compensation for the
loss they suffered as a result of that tragic bombing. Ç/26859
mglish
Page 3
In a desire to resolve certain issues which appeared complex and difficult
to reçolve, the Security Council has reconsidered more than one of its
reçolutions, such as resolution 799 (1992) of 38 December 1992 and resolution
837 (1993) of 6 June 1993, which was modifled by resolution 885 (1993) of
16 November 1993.
The good faith of the three Western States and the sincere efforts which we
have no doufit the Chartes of the United Nations authorizes you to make and also
paragraph 4 O£ Security Council resolution 731 (1992) and paragraph 14 of
resolution 883 (1993) axe, without a doubt, all elements which will make it
possible to reach a settlement that respects international legality and
preserveç Libyan çovereignty and the honour of its people.
1 should like lo request that this letter be circulated as an official
document of the General Assembly and of the Security Council and that you cal1
for consultations on the aforesaid initiatives with a view to taking a posit~on
thereon .
Sisnedl Omar Mustafa EL-FKlN'TASSER
Secretary of the Ceneral People' s
Conmittee for Foreign Liaison and
International Cooperation S/26859
Engl ish
Page 4
Letter dated 9 Decernbes 1993 from the sdcretarv of the General
People' ç Cornittee for Foreiqn ~elationç and International
Cooaeration of the Libvan Arab ~amahiriGa addressed to the
Secretan-General
As you hsw, on 6 and 7 December 1993, a sudnit meeting of the African
countrieç which are rnembers of the meehaniçm to p?event, manage and çettle
conflicts in Africa. took place in Caira.
Among the items on its agenda, the meeting clonsidercd the question of the
con£ 1 ict between the great Socialist People 's ~ib&am Arab Jamahlriya and the
three Western States, namely, the United States OI America, France and the
united Kingdom. The meeting adopted a decfaration, of lhich 1 have the pleasure
to transmit to you the paragraph concernhg the question that relates to my
country, which I requeçt yov tc have rirculated ak.a document of the General
Assembly and the Security Council. The text read as follows :
With regard to the request by the Libyan ~ovérnment, the Heads of state and
Goverament eonçidered the dispute between the ~ibhan Arab Jamahiriya and the
United States of America, France and the United ~in~dorn, took into account the
reçolutionç of the Security Council and recalled hhose adopted by the
Organization of Afriean Unity in Cairo in 1993.
They also launehed an appeal for the peacefui settlrmeat of disputes,
requested tut the two suspects should be given a fair trial in a aeutral
country, and called upon the Secretary-General of the Organizatioa to follow the
question closely and submlt a report on the peaceful settlernent of the matter.
Accept , Sir, the assurances of nry higheçt cokideration.
(Sisnedl 1 Omar Mustafa EL-MUNT3SSER
Secretary of the General People's
cdmittee for Foreign Liaison and
International CooperationAnnex 75 Security Council
Distr .
GENERAL
S/1994/900
29 July 1994
ORIGINAL: ENGLISH
LETTER DATED 28 JüLY 1994 FRON THE SECRETARY-GE-
ADDRESSED Tû THE PRESIDE2RT OF THE SECURITY COUNCIL
I have the honour to bring to your attention the attached letter dated
26 July 1994, addreesed to me by Bis Excellency Mr. Omar nuetafa Muntaaser,
Seeretary of the General People's Bureau for Foreign Liaison and International
Cooperation of the SockalietPeople's Libyan Arab Jamahiriya.
94-30982 (E) 290794 290794S/1?94/900
Engliah
Page 2
Annex
[original: Arabic]
Letter dated 26 Julv 1994 from the ~erdanent Representative
af the Libvan Arab Samahiriva to the ~nited Nations addressed
to the ~ecretarr-~eneral
l
1 have the honour +O transmit to you herewith la letter dated 26 July 1994
from Mr. Clmar MustafaHuntasser, Seeretary of the GeneralPeapleV8 Conricaitteefor
Foreign Liaison and International Coopration.
Jiqned) Mohamed A. AZWAf
Permanent Repreeentat ive Ç/1994/900
English
Page 3
Enelosure
[Original: Arabie]
Letter dated 26 Julv 1994 from the Secretam of the General
Peoale's Conmittee for Foreion Liaison and International
Cooperation of the Soeialist Peoule's Libvan Ar& Jamahiriva
addreaaed to the Secretarv-General
As you hm, einee the adoption of Security Cwncil resolutions 731 (1992)
and 748 (1992)the Libyan Atab Jamahiriya has epared no effort, in al1 sincerity
and goad faith,ta reeolve the ongoing dispute between it and the United States,
the United Kingdom and France, This ia a dispute that the Libyan Arab
Jamahiriya did not wish to see arise in the first place; and it sees no logieal
basis for its continued aietence, sinee it ia built on mi~taken Fraises, does
net advance the legitimate fntereetof any patty involvedand is incompatible
with the elimate that currently prwails wrld wide.
For al1 these reasons, the Libyan Arab Jamahiriyahas ken anxkous to
strive by al1 availablemeans to end this diepute in a manner that is in keeping
with the nories and provieionsa£ international law and in cornpliance with the
letter and spirit of the resolutions adopted by the United Iafiona. The Libyan
Ar& Jamahiriya has left no stone unturnedto flnd a way out of this problem, as
ha8 been dembnetrated in my numerous comaninications with you.
For the paet two years, the Libyan Arab Jamahiriya ha8 endeavoured to
caperate closely with and to be reeponsiae to the organs of the Uniteâ Nations,
partieularlythe Security Couneil, the Seeretariat and the InternationalCourt
of Justice. It haa nut limited this cooperation to particular areas but has
made it the embodjment of a general position adupted by the Libyan Ar&
Jamahiriyain the belief that it is the duty of al1 States nembers of the United
Nations te show their good faith and demonstrate their readinesa to deal with
the Organieation in a positive manner, even if outward appearances kndicate that
this may not neeessarilybe in keeping with their oni intereete, aa long as such
a course is not incompatible witb the principles of sovereigntyand the higher
strategic interesta of the country.
Let me here place on record the stepa that the Libyan Arab Jamahiriya ha8
taken in the context of thia policy:
1, It has eomplied fully and unconditionallywith the Judgment of the
International Court of Justice issued on 3 February 1994 concerning its
territorial dispute with Chad, and an agreement waa subeequentlyaigned by the
two countries on 4 April 1994 concerningpractiealmodalitiesfor the
implementationof the Judgment.
Aecordingly,a joint etatement was issued by the two countries On
30 Way 1994 reeording the eempletionof the withckawal of al1 Libyan militw
and civilianpersonnel from the Aouecu Strip with effeet from that date under
the supervision of the United lations Aouaou Strip Observer Croup (mm§=) and
in a mamer eatisfactory to bath parties. S/1994/900
English
Page 4
Sn your report to the Security Council contaihd in document s/f 994/672 you
eallcd attention to the manner in which the Libyan &ab Jmahiriya had acquittrd
itself and you cwwended its eooperation with IRJASIG and the spirit of
friend~hip that had been shown by the two countries.
2- Convinced of the importance of eooperating widh the United Natkona in the
maintenance of international peaee and aeeurity, tkie Libyan Arab Jamahiriya has
deelared in numeroualettersaddresssdto you its t'otal renuneiationof
terrorism in al1 its forms and itm eondemnation of al1 acts of terrorism. It
hae given expression to this clear position with a number of specific measures
including, as purely indicative examples:
(a) The aeverance of contacta with al1 groupe and factions involved in
what are characterized as terrorist activitles;
(b) The a£fimation that there are no terrorikt training campa or
terroeist organization~in its territory. In thi~ konnection, the Libyan Arab
Jamahiriya invited you to eenâ a technieal miasion to ascertainthis matter and,
despite the absence thus far of any reaponse to th& objective and logieél
proposal, it reaews its invitation for the dispatch of auch a tachnieal mission;
Full eooperationby the Libyan Ar& ~amahiri~a, in demonstration of
(e)
ita good faith, with the Guoernment of the United ~kngdom in enhanehg its
eapaeity to eaunter termriat aetivitiee. ~t has pEavi~ ail of the
information in its posseaeion that might strengthen the capacity to counter and
contain terrorim;
(a) The announcement by the libyan Arab ~amaliiri~a of its eoiplote
readiness ta eooperate with the French authorities inveetigating the OTA caee
and to provide al1 possible facilitieeto the French examining magistrate.
Contacte continue to be maintained between the judieial authoritiss in the two
countrieswith a view to reaehingagreementon a prkgramme to aasist the French
examiningmagistrate in eompleting his task.
3. There is no extradition agreementbetween the hies eoneerned, and ail of
the States that are parties to this diepute are legally bwnd by the proviaion.
of a binding international conventionthat ha8 entered into force, namely the
1971 Montreal Convention. Article 7 of the Conventfon stipulatesthat the
Contraeting State in the territory of which the allpged offender is found shall.
if it does not extradite him, bring him to trial withoutdelay* The Libyan Arab
Jamahiriya has expreseed its readiness fo try the t+ suspects in libya, and
this ia in keeping with the explielt provisione of article 7 of the Hontreal
Convent ion.
4. Deipite al1 of the foregoing, and in an endea&ux to reach a solution
acceptable to al1 the parties. the libyan Arab ~am$iri~a can in principle
aecept the holding of the trial wtside Libyan territory, provided that
procedural guaruiteca can be providedto ensure a jfst and fair trial for the
tuo accused. The Libyan Arab Jsmghiriya ka of the yiew that this can be
achieveùby the parties concernedaceepting the proposa1 made by the secretariat
of the League of Arab Statee and endorsa by the *il of the Laague in its
resolution 5373 of 27 Harch 1994, which envisages the holding of the trial at S/i994/900
Engl ish
Page 5
the seat of the International Court of Justice at The Bague by a Seottish court
applying Scots Law.
It goes without saying that this propo~al met with the support of the
mefnùera of the Movement of Non-AlkgnedCountriesat the Ministerial Meeting held
in Cairo last month, and it wae aubsequently supported by the Assernbly of Heads
of State and Gaverment of the Organieation of African Unity, meeting in Tunis,
You will doubtlese note that in adopting these positions the Libyan brab
Jamahiriya has gone as far ae it ie possible to go and has reached the end of
the road In seeking a way out of this problem. It hae accepted a situation that
it was not obliged to accept in accordancewith correct legal nome.
Accordingly, the Libyan Ar& Jamahiriya proposes the following alternatives
for addressing the judicialdimensi~n of the crisis with a view ta detemining
the reaponsibilityof the two accueed for the Lockerbie incident:
1. That the two suspects be brought to trial lwnediately in Libya, in
public and with full quarantees to ensure the justice and fairness of the trial,
including the acceptance of international observers;
2. That the trial be held in any Arah country to be agreed upon, either
by the existing courts or by a apeeial tribunal institutedfor thia purpose;
3. Thatthetrial be held atthe seat of the International Court of
Juetice at The Hague or at any United Nations premiees on the European
continent, without opposition to the trial being condueted by a Seottish court
applying Scots Law, Should the countries concerned and the United Nations
accept this proposa1 and notify the Libyan Arab Jamahiriyaaecordingly in an
official manner, the Libyan Arab Jamahiriya expresses its readineas to provide
al1 the guaranteea neeeesary for ita full and faithful implementation, to take
al1 the ateps rwired thereby, including the conclusion of agreements with the
countries concerned: and to provide the necessaryundertaking8 to you ad to the
President of the Security Couneil,
The Libyan Ar& Jamahiriya requeats you to infom the President of the
Security Couneil of the contents of this letter and to establish whatever
contacts you deem appropriate with a view to reaching agreement on the çeleetion
of one of the proposed alternatives.
(Sioned) Omar Mustafa l4LJmASSER
Seeretary of the General People's Corrimittee for
Foreign Liaison and InternationalCooperationAnnex 76s/PBSijmpg prwres Ms iw1eseumiiof~~ planoraesteÇbara
Date:29Jul1994 lIeeting: 3411
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settld plan.
Date :9Jul1994 bfteconsultations
WmeierbeofUieÇearriCoyimcelalthe issl iethoccas ofohemity
CouneiSimit 31Jamiay992(S/2350,xpdnq deeponceom actof intematiokorim,
andenphaaixtqhneefortheiptamtimidty todmi e£fecSivyitallauca&.
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faaiii antothepeoplanGo~emen ofBrgentiïhohaveafferethmnsqmcesof thi mrist
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'fhienberfsthÇenrtiCouneil lotrotrconàetmntemxiatattac ksLondo 26 and
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oftbethuw Killqh~.
'Phaeabeofthe cormc&isamsrinediatendtoal1snctenorisattaa. They.
tbeaeetaskenqîh internatimlpraüoninordetrotakefull effect iasereto
prevent,ombandWte aUfom ofterrar msibaffectth-ional codty asahole.Annex77UNITED
NATIONS
General Assem bly Distr .
GENERAL
Security Council
~/49/299
S/1994/938
9 AUguSt 1994
ENGLIÇR
-ORIGINAL: ENGLISH AND FREUCH
-
GENERAL AÇSEMBLY SErnITY COUNCIL
Forty-ninth session Forty-ninth year
Item 145 of the provisional agenda*
MEASUF?ESTO ELIMIWATE INTERMATIONAL
TERRORISM
Letter dated 5 Auwt 1994 from the reeresentatives of France,
the United Kinqdom of Great Britain and Northesn Ireland and
the United States of America to the United Nations acYdressed
to the Secretan-GeneraL
We have the honour Co transmit herewich the text of a tripartite
declaration issued by our tbree Governrnents on 5 Auguçt 1994 eoncerning the
implementation of Security Council resolutions 733 (1992) of 21 January 1992,
748 (1992) of 31 Mareh 1992 and 883 (19931 of 11 November 1933 by the Libya
rab Jamahiriya (see &ex).
We should be grateful if you wduld have the text of the present letter and
its annex circvlated as a documentof the General Açsembly, under item 145 of
the provisional agenda, and of the Security Council.
(Sianed) Hervé LADSOUS (Simedl D. K. A. (Siqned) Madeleine K. AtBRIGHT
Chargé d' affaires a.i. Permanent Represent~tive Permanent Representative
of the Permanent Mission of the United Xingdom of the United States
of France to the of Great Britain and of America to the
United Nations Northern Ireland to United Nations
the United Nations 8/49/229
S/1994/1938
English
Page 2
ANNEX
Declaration made on 5 Ausust 1994 bv the Governments of France,
the United Kingdom of Great Britain and Northern Ireland and
the United States a£ America on the ocdasion of the seventh
review of sanctions irnposed on the ~ib$an Arab Jarnahiriva bv
the Securitv Council ln its resolutionl748 (1992) of
31 March 1992
The Governmentç of France, the United Kingdom of Great Britain and Northern
Ireland and the United States of America are determdned ta bring to justice
those reçponsible for the bombingç of flights Pan Ad 103 and UTA 772 . The
victirns of these two atrocitles and their families deserve no leçç.
It is now over two years since the adoption by the security Council of
1
1 aesolutions 731 (1992) of 21 January 1992 and 748 (l9921 of 31 March 1992- In
order to eorrtplwith thoçe resolutions the Government of the Libyan Arab
Jamahiriya must ensure the appearanceof those çharged with the bombing of pan
Am 103 for trial before the appropriateUR or US codFt, satisfy the French
judicial authorities with respect to the bombing of UTA 772 and c'omit itself
definitively tc ceasing al1 forms of terrorist aeti&ity and al1 assistance to
terroriçt groups and demonstrate, by concrete actionk, itç renmciation of
terrorism.
~dday the Ccuncil conducteci its seventh review lof the sanctions regime
imposed on the Libyan Arab Jamahiriya by resolution 748 (1992) and concluded
that Libya had not yet complied with its obligarionsl which are clear,
unc~nditional and not negotiable. There was therefoke no question of lifting or
suspending the sanctions.
Despite profeçsing willingness to =Doperate with the French judiciàl
authorities, the Libyan authuritieç have not reçpondéd satiçfactorily to the
requests for cooperation from the French inveçtigatiAg magistrate.
As regards the Lockerbie issue, the Libyan Rrab Jamahiriya haç made a
number of proposals, al1 of which would fa11 far shoyt of compliance with the
resolutions. In particular, a trial in a third country, even one before an
international tribunal or a so-called Seottlçh court! iç unacceptable : suspects
cannot be allowtd to ehooçe the venue of their trial! These Libyam propoçalç
are nothing more than attempts to dkvert attention dom their refusal to comply.
Our Governments note that the Government of the Libyan Arab Jamahiriya has
stated that it cm accept the holding of the triai. oytside Libyan territory,
provided that a just and fair trialcan be guaranteed. The thxee Govemments
take thiç opportunkty to ernpbasize once more that, in line wkth numerous
assuranees that have already been given, the two accUsed will receive a just and
fair trial before a US or Scattisb court.
Once the Secretary-Generalhas reported to the Council chat the Libyan Arab
Jamahiriya has satisfied the French judîeial authmiLies with respect to the
bombing of UTA 772 and e~swed the appearânee &fore the appropriate UK or Us A/49/229
S/1994/938
English
Page 3
court: of those chargea with the bombing of Pan Am 103, we for our part will
consider favaurably the suspension of the sarictlons against the Libyan Arab
Jamahiriya in accordance with paragraph 16 of resolution 883 (1993) of
11 Novlmber 1993, pending the report en Libya's cornpliance with the remainlng
provisions of resolutions 731 (1992) and 748 E1992i, which the Secretary-General
will produce within 90 days of the suspension. Our Governments recall that in
the case of non-cornpliance the Security Zouncil has resolved to terminate the
suspension immeàiately:
There 1s no need for the current impasse to continue. The solution lies
with the Government of the Libyan Arab Jamahirlya. We reaffirm thaf we seek no
more than cornpliance with the resolutions. Our Governments therefore cal1 once
again on the Libyan Arab Jamahiriya, in îtç own interest and that of its people,
to fulfil its obligations completely and without any further delay.Annex 78 23rdmeeting
7 October1994
haveundertakeno avoidanyregretta cbleequeme snd enable it to face the numerouscristhatbeset the
agreedtobegin negotiationswithYiemamsoon tosertie internationommunity.
thisproblem.
The international sinmion wimesçed many
The lifting by the UniteStateof the embargo developm~s duringthe forry-eighthsession. The will
imposai uponVietNam hasopenedup new prospectsfor ofthepeopleof SouthAfncahasuiumphed aftea long
buiidmgandbroadeni multi-facecooperatiobenveen stnigglandgreatsacrificesItisindeedhemening to
ourrwoçountrieintheimerestsof rhtwopeoplesandin seeinour midsttodaythe delegaion of SouthAfrica,
the servofepeac,estabil,cooperarinnddevelopment representiaunits democratiandnon-raclaiountry.
in theregionandthroughoutheworld.
BrotherlYemenhassuniivedits transicrisaisd
We fmdy beliwe ht multilateralrelations, rwiainsoneunitedcountrywhost citizenareworlung
especia wityia tbeframeworoftheUnitedNationsare withmore determiuaiionandgreare erpectationçro
playhganincreasinglimportanroleinimmatiod life. Md the modern StateofYemen. Along withthese
As we move towardsthe cornmernoratiof tbefifrieth developmeazs,mgible progressbben secordedinthe
anniversaof thefoundingofourOrganizationwe duil implementationofhe Peace Accord inMozambique.
bereviewingal1theaçtivitiethpast50 ym, cisawing Moreover,theartificial tenintheKotean peninsula
the necessar lssons to dance the capacity and isnow subsiding.We arehopefulthatthedificullies
effectiveneoftheUnitedNationssysremand IOpursue relatitnthereunificatioftheKorean peninsulwiEl
taskworthyof theconfidmce and expecsatiwof &e beovemme hou@ dialoguetbeenteredinton equal
peoplesothe world. ForitmodesipartV,iet Namwill footing.
unceasinglystrite make positivec~ntributitofthe
common cause of the Uni~ed Nations for peace, Suchdevelopmmts areasourceof satisfactand
development ndsaciaprograsthroughwf theworld. we greatlywetcomehem. However, theydanot maFk
thegloomypointsofthewiderpiare of theinternational
The Residerrt (interprdatianfFrench): 1now siniatiw. Manydisputesstill awaatsolut'ionThe
calon theSecretarof the GeneraPeople'sC~mmittee outbutstof naUdist passions,ethaicbauvinismand
for ForeigLiaisonamiInteniafionaiCoqmatioof the pwer strugglesintheabsenceof anypoweramongthe
Libyan Arab Jamahiriya,His ExoeUency Mr. Omar people. have led u,the outbrea of new regionaf
MustafaMuatasser. conflictsAlthoughsomeof thesewnfilcts agetting
closertoasolution,asithe caseinLibena,wberethe
Mr. Miintaçser (Libyan Arab J-a) dia is headingtowardsa permanentsolurionthe
(inierpretanromAmbic): Onbehalfofmy countraad internationacommunity mut sta supportnational
in my own Wf, irgivn me greatpleasnre to reconciliarionefforts Afghanktan, ovmme the
congratulalyou,Ur. Presidentcmyour electioto the s&& u>the peam effor ktng undertakenin the
Presiden ocythe Generalmly a?itsfow-nbth Ralkans,corisolidatheroleof theUnitedNationsin
session. Thefathayrw belongtoourbelovedmrninent, establisbg peace in rhar regioand gmranfee tbe
coming asyou dohm acountrybomd withmy ownby legitimaterighofthepartietuthe disputethere.
bonds of brodmhood andrelationsof friendshiand
wqemion is a sourceof addecipnde ta us inyour Theintemionai communityisalsowlled uponto
assumptiw ofthishighofficeMydeleman iJcunfideuf renewits effonsaimedatreachiagsatisfacturysolution
tha, familiaas you arewith thework ofthe United tothepmblem of Cypm. It mut encouragpeac ealks
Nations,andwithyoure&ve experiencinthefielof on bngola and supportwork towardsa negotiated
intemaionalrelationyouwillbeabletosteerhisession solutioinsisrerlSomalia,iadditiotodemorktrating
toa sucmsfulconclusion.1shouldalsoIiketoseizthis incmmd xilidaritro alleviatthe tragedyof the
ompo~ry toexpresmydelegation'sppreciatiofyour Rwmdanpeople. Ir mua also make more effom to
prBdecess Hir,xcellencAmbaçsadorInçanall,forthe solvetheproblemof Kashmi on thebasisof bilared
wisdom he displaye theeffm he made and the agmmmîs and therelevaUnite Ndariomsesolutionsin
initiatheshe tookta refonn the UnitedNationsand
parucuiar.
dance itsmle. EurtherIwish toexpresour @mde
toMr. BoutrosBoums-GhaIi ,hehtary-General, for Intheintereof sEabiIintbeFersianGulfregion.
his tirelefforttostrengto buerûrg-on soasto my country strews the importancofthe unity and Gemmi Assembly
Forry-nintsession
territarintegritof Iraqand call or an endto aIi expnmce ofp partfnvyearshasuu<ed deepcon-
interferencein inremaaffair We.aisoçonsideth regardmgsome developmmts. Som Statehavebegun
rhesanctioimposaion Iraq,whicmue sufferintohe to tryto -se their c~ntroand toexpand their
Iraqipeople, shoubelifted, sithereasws forthese begwnony,usingttieipowerandinfiue~lcinutiiizig
smctionsarenolongervalidTheircon?inuatinanonly intemnionnbigam ro implementheirplans,and"ring
meaua graveinjustiaimaiatthedestructioftheIraqi km. parti"far1the kmrîry Cornil, asa ml to
pple and the exteminafionof largegroups of its puni&thosecounuieswhicbabidebytéeiprincipland
popdation. adoptindePenbatpolicies andpositions. Thiswas the
very context bf the dispbetweenmy coq and
TheUnitedNationshasadopted-y reço1utiosn Fra-, ~rid andthe UniteSdtatof Americainwlm
theQuestionofPalestine,al1of whiehahwledge the hasbecorndown as theWbie crisis. Thisproblem
righofthePalesllnipeopleto reninoitheihomeland was rai&, bhed arbitmrilythrough the Security
andtoexercisefhrlghfofself-on. Although Counoil.and1ddr wiih under CbapterVI1 of the
the United Nations Imsrepeatdy r&hmd th- CharterwhicIis notapplicablethiscasesinceLibya
remlutionfomore than4ûym, thePalminiauquedon has,nethxmaed anyWy andbasnever actedin a
stiiawaits asolution, thPalestinianppie rwnain mamer tiut j-~ internatiopieaceandseurit.
d&W and their rights are systanatiealland Thewholeide is merelythenispicionthtwaLibyans
ccmrinwuslyvioW. This prova that the m-ded may becmmsed to thePanAm fligh~103incident.
ongoingpeacproces acb theelementnecess aoryny
comprehençive~~. 'tnisaiso show5th the Aware asit hasken aildong of the motivation
resolutiofthePalestiniquestionanthed1hhmmt behindthienhe issuemy ç0~11t ras&own sin-
ofcomprdxmive peacein rhe MiddleEastmot be &as to koopeme in unuiveringthe mith and
di& merely byremmhg Gaza backto itst. as a ckiumtanict1oftisatincident. We have taken the
municipaliandaàdiagjetichtoit,butmustratberaime necessayudid measurc esnsist entttheCWr of
aboutrhrougtheliberaiiofdl -id kab territories theUnited~lons andinternationallaw, wonly one
includinthe SyrianGolan and rhe aaqtance ofa proviso,thtey donotinvalveanyviolatiofLibya's
dmrarîe w1utiontbatwwld meet aUtherightsofthe sovereigrîghts.
Palestinipeopleiacludingtheirigbtorena aotheir
hoornelandndesrabzistbeiornindependwtW. ~lh&ihe Mty Counciiwaspushalhto the
adoptionofreyluuw 731 (1992)Libyadiddeclareits
A fewmonths ago,wecelebsa trehistorivictory readineseffeqiveltomoperate intheimplementation
ofthepeopleof Sou&Afric a.ino mincidenctha the of tha tolution. Intha tespecLibyatmk pracrical
smggleof the Palestinipeopleisinmmy wayssimilas step, thu 4m wid~iy we1comed by numemuç
totha rf rhepeoplofWth Africa,andtharmanyof rbe organizaticns,pluding thm e ofArab Statestbe
actsofheroismof boîh peoptesechoeach other.The -on qf AfricanUnitythe OrganiLitionothe
solutiothamade Itpcissibtobuila imiteddemoeraric IçlamicConfe~ce, andtheNon-AlignedMovemenf. It
and non-raciastatin SauthAfricaoffm a modd for was wr hope thethre em concemaiwouldtake
resofving the question of Palhe throirgb the thatinto ooms~on and respondposirivelto the
estabiishmwin Palestiofa dL 'cnon-mialSrate rqutsts of Ubyan amhoridesfor cooperarionin
withAI Qudsas itscapital,whereAraandJewscarlive eomplethgtheIindgatim. However,thethe Siata
together. Tbisis tbproper501Ucionw,ithowhkh it concenied rrspondedin an entirelydifferenway.
wouldbeimpossibletomxh ajust anlastinpeac ehar Inste afacdptiug theioiuarivcalllnfordialogue
serve tsein- of boîhlewsad thePalatiaiaArabs. imd ncgooariod, nsbowing fleribilindealingwith
theorbe aspl ofthecrisis,byzecomidenngSemiry
Mr. Sinungunm (Bu&), Ece-Raide@, took the ChaciE resolu? 748 (19E) wita view tlifmg the
Chair. sanctionsimposedonthe Libyanpeople,instead. they
-ned D the- CO^ againand,US&
The wmerous dumgeswimessd by theworld &fer theirMy, nmaged to persuade il m adopt
tbecofdwar have d oppommitiestoW a more mlntim 883[1993), tigbmiq thesanctionsimposed
stableami securweorld. However, thehopes of the byrwolutim 748 (lm).
pHplesof the worldfogreaûeand benerll&mdQ
and forwider eqiedon have mmd tow-. The 23rdmeeting
Forty-ninthsession 7October 1994
Theargumentinvokedby thethre etateconcemecl or any internatiolody map.dardby &e Councd, to
tojustie maintaidg thesanctionsdthethreaevento verifythis.Al1 tbesepmical measureswnfirm ttie
tightethemMm, is rhatLibyBaçnot coqlied with extentofmy country'sseriousnein stampingout the
tbrequirementsfkmrity Coucil resoluti731(1992). phenornenonofiakmational terrorism.Tserious~less
Andwhen tbeseStatearewnfrontedwiththefacthatthe hasbeenreflectedinthe cd bytheJamahhya for the
Jamahiriybas dly wmplied with thwerequirements, conveningofa specialsessionof theGeneAssembly
theirofficiaiand pmidarly Briti shd Amencan tobe devotedtothestudyof thcausesanddimensions
officiaianswerwth the words "Libyaknowswhatis ofthisproblemandirsupporoftheproposaltomvene
requiredof her". Officidsin bath couniriehave aninternationalconferetodefintemrism, including
repearedu sydtbiphraseto suchanextentthatweare Stateterrorisand themeans to eradicaiten alits
anvincd bat tbeaimbehindtheraisingotheLockerbie form. ItisStatererrorismwith wbich Libya isnow
incidentnotto uncoverthetrutand thecircumtmces king threacenedatthe handsof a State whcb isa
oftheissuebutratùerto achievepremeditarpolitical permanen r emberof the Seninty Coumil. ThStare
objectives. Indsediftheaimhadreally beentobrrng basabductedLibyanprisonerofwarfrom Chad and is
Libyatocomply with threquiremwtsof luiion 71 now trainintbemandequippingthem toundenninethe
(NE), tbataimhaskm fiilrealizedLiryabastaken sbty and stabilitof Libya. Tbisis the same
thelegd measurems assarytopinpoinresponsiblityfor temirisrtowbichLibyafellvictiin1973whenIsraeli
the tenariaactsperpetratedagaintoth Americanand planeimentiodly shotdom aLibyanciviliaairliner,
Frenchplanes. Libya has requestedtbe rhreStates Ming al1108 passagers&ad; andalso whan the
ooncemed towqmak incompletintheinvestigatiin United Statof Ammica in1986bombedLibyanciUes
thisrespect,LibyahaJ evm invimi meal Mes to whïlepeoplewereasleepin thebBds andcaused great
follow it up and intemationaland humaaitariau bss of Iife anddamage to property. Laer it wu
organilatiantomonitorits mess. My. counuy has sevealethattheactused bythatStateasapretextfor
mperakd with îhe Fd judge incharge of the itaggressiowere unfmdd.
investigatiaimed atdeteminhg responsibiliforthe
explosioaboardFm& UTA flight772Cmtacrs inrhis Lhe LibyanArabJamahinyahassparednoeffortiu
respecstiicontinue.My cumtryhaalsocogiersw tiedh tryinto resolvthedisput ncluding trying tfwo
the Governmentof theUnited Kingdom in tryingto suspectisthePanAm fiigh103 incident,altbothe
uncover cenain elmts accusedby the British mer hasbeen predetermineby the 1971 Montreal
Govenimeritofinvolvemeniatemrisr actsTo rbisend, Convenrionwéichgivestibyathe righm trythetwo
several eetingwereMd between theLiban andBritish suspectitselfHowever,therefusaibyBritainandtbe
sides.Today. we areveryglad toseethatnegotiations UnitedStareofAmena toabidebythi Conventionto
have alreadstartebetwee Britaiandthepitical and whichtheyarebothpartiesbasprompt4Libya toseek
miüq wingsof tbeLri sepubIicAzmy anddat oherways of holdinthemal. Tihus.Cibyaofferata
anment hasbeensi@ bythe two partiesNow the mort tothe1ntenmtionCourtofJusticortosurender
leaderoftheIRA areKing receivedanwelcomed attbe thrwo suspecttsothUnitedNationofficeiLI- for
hiam lwel in hth LondonandWashington witha view investigation.Lihasalsopropos tedatheSecretary-
toholdingnegotiatiunswiabriewto endhg tbedi- GeneraloftheUnited Nationsshdd establisa fact-
anddl irsside effeçts. hnding legacommissiontoverifytheserioumessfthe
aeaisations, including carryout a cumprehençive
Libyabascwdemned huemationaterrorisinalits investigation,CompetentLibyaautbori eiersethe
fotms and decland its rradinestocommititself co marterto îhebasicpopulaconpsses whichmnstimte
whatwer meames are adopteù by ?he inteTnaxionai our legislativauthoritand they innim made the
cmunity ro combatthissoourge.Libyahaah swered decrsiontba theyhadno objectiotolettmgthe two
dl its relationsdigrwps andor~ons supxed suspect stand tribeforea faitribunato beagreed
of kinginvolv ietmrist am. Libyahasemphahd up. hmeding fmn this my country deçlaredits
thatiwu notallowXtsmritory, citiorinstitutioo readinessto enter intonegoUaum with the States
beiise forsucham wher directorinm. We ancmed under ihesupervisiof tbeSeeretary-Gewial
havedeçlareour readin ossunishswmly wbower is of tbeUnitedNationson thecri olbe heldina place
provedm beinvoïv edanytemnst am. hbyabas also agreedto byaI1partieconcemedwhereful gluaramees
declart edatherearenotemnst mainhg campson its dd beavailabltoestablithetrutbMeed thevery
suil.It harepeareils invitatotheSecuntyCowtcii, aim of kwity Cwncii ~esolution731 (2992). GeneraAssembly 23rdmeeting
Fortv-ninsession 7October1%
I
Recentlynewinformatioon theAmericanabcraft OrganUation of Man Unisr, welcomed Libya's
incidenhasbeen unwvered,includina book entitid aoceptan cetheArabLeague 'roposal.Thisaugus
Traang rhe Onopus byColeman and.Wd and the Assembly,wtiicbincludesali Swesrepreseinthose
staLematsbythemanagerofaSwisselecrron cicsany. Oïganimiionisnow~n l up IOshowiuappmiatim
ïke aew reveiarioobliteratetcentralelementon of Lîbya'position,Libya'sstandinitiatiandthe
whichthe accuçatioagainsrthtwoLibyancitizewas proposaithadwe haveacqted. Ishouldeallonthe
based. DespitealthisLibyamaintainedicooperarion rbre States&II-& to showfiexibiiiryenterinto
intryin tgidential1thechamstances sumundingthe dialoguewithltJlmrhin yîththeah of rrachinga
incidentOn zhisbasis,Libyaacwprthe proposalof thepeacefusettiemento tbisroblem. ThiAssemblyis
Coucil ofthe LeagueofArab Statesconhned in its dso calleud noexpre stssupportof thesedemands,
resolution537327 March 1994.Thatproposalcalled sotha~th%&rity Çounciwillreconsiditresolutions
for uyhg the twowpcts by Smtùsh judgesunder on thecris is liftiiuejussanaiions.Itisabsurd
Sconis aw at theseatof the InternatioCourt of and ignorat?bdepicthesanctionsaMg againsthe
Libyan Govmnmf, kause inEbya thereisno
Jusrice.Evender new informatiowasrevded by the
Paiesuniancitizen, YouShaabankfore a Lebanese Gov-ent such. Thepoweris inrhebandosfthe
Court,Libyadidno1hesitatogoaéea d ittheaiaalnd people,who 1now der thecoqmm of hese
did notwaver in its deciadreadinasm acceptny sanction-forexample,thecrasobfa Libyahcivilian
verdiaemanatingfromsiichauial. aircrain 1992,leaditothede& of al157civilians
aboard, as a dt of the ban on spare parts.
This onceagaiaim,derIinthefachra theLibyan Furthemore, 1,622people havebeen Ued in car
acciàents,and0 peoplemostofwhom were ehildren,
Jamhkiya noobjectiotothemalofthetwoW.
A1Iaha tibyawantisforthemaltobe faiandjustfree oldmen andwomen diedasaresuo fdelaysinmoving
from any emotid or mediainflmms, andwith the themabroadf& medicalatment. Thesesanctiohave
availabilityofguarantewconsismuwiththenom of alsocausedAnomic &mage estimateat$4.5billion,
3egalityaninternarionl wwhicbLibyakm obsewed These des are Wed in officiadocumenx
and applied. TbhemationalCourtofJustic(IU)can
testiftothis, sinthalCourtha umsidered,overthe
Beforeî$eSecondWorldWar, and OolloMngthe
past10years,thre case sOwhichLibya was apar@.
TheICIdecided thecas elatingtthecontinentasfhelf d of thatw~ theLibyanpeoplsuRerr addconthe
bwween Libya aadTunisii. aod partiefslly to&er aüqùmof pressu tro,bleami pains. We
Mpiementedthemling ofthe Corn.The samehpped havebeensubjd zocolonhiisminitswmt form:a
in thecasoef theantùientashelf betweeLibyaand Fascismthatwreakedhavm in ourcountry,kibg,
Malta;OME againthe twpartieimpiementetheding dispiaci4g exil& countlesnumber oswr citizens.
of thInUmmionaI CwrtofJwtîce.Tbisyear,theÇoun Againsour yiU,wehad tobea rheatof warbetwem
decidedtheîerritarl ispuretweetheJamahinyaand thecoloniapowers,awar thawas foughtonour soi1
M. Thou& tbe rulinrgjectedLibya'sdemands&e amiforarhi~we~~i.ttte~. mwar'smirmare
JmaWÏyadidimplemen itia r~instnicspirithawas sfilburie dnwr mil, in oufarm sndimda our
welrrnnedandapp~edbyboththe~tycwnnlard homcr .mmtimeto be, lhaemiwexplDdeand Lill
the Semecary-General.Thisshows thement ofmy jrmocenpeopfe.lapraiioussessiomofthAssembly,
country'cosmmiunem to and respect ohtenmbnaI my comuy 9 rcpeatedwiledon theStarmncerned
legali wmythingtha tnatpowefspayiip servtobut to ccropaawithusin moving thesmebm. Today,
nwer @y. TheseStatrefusewen to;ippeMore the 7October, co'inciwith the oo-ration of the
IU, simetheybelievin thelegalof forcad notthe Libyanpeop1of the25rannivemq of theevdw
forceoflegali.y of thelar t ascias who hadsettlein Libya and
oppresseditpeople.OnceagainI repeatmydl and
Mostintemaid andregionalorgdmiolls have urgethe9 concmd torqmd positiveltothe
renewedtheirappea o thethre etatetoacwpt the resolutioof1 General smbIy, ias~g km to
initiatisIhg fodialoguandnegotiaicmwirhaview provide theneccsmy infodon on mines, @ve
to reacBina pacefd serdema~ o thecrises.Those technid +tance+ in iemoving them, and pay
orgmiaiom, incluhg the1lrhMiniad Conferace of ~forthel~~theyhavecaused. Thlsmay
theStateMember ostbeNon-Alignexi ovement dthe aisabe a goodoppommity taremind theimperialist
60th Sessionof theCd of Minisdersof the GeneralAssembly 23d meeting
Forty-nintsession 7 October1994
starethatocnipieour landsfor ove40 yearsîbat we Sameprogresshas beenregisteredrecentinthe
havenotforgorttheminaad destructirhgfleftbehind. fieldof disamment. This isawdcome development.
Libya Iwiksforwardto moreintemationacoopalion
I shouldaisoIike roannounce that my country, with a view to desuoying nuclear, chernicaand
ihrough thiç Assembly anotherforum, willseek to biologicaweapons,as well asotberweaponsof niass
cumpelcobniaiisstarestpayfaircompensationforhe deçuuction. We lookforwardto thebannin ofthe
murces theyhavelootedand theweaia andmney tbey developmt, stockpil annduseof ailsuchweapons.
have plunderefromou country. The peoplesof rhe Mycountr alsohopesrbatmoreeffortswiIbemade IO
world arecalid upon to adopt a historic resolutionconcludea ueatyon mkmg Afnca anuclear-weapon-
throughthis Oiganrzation,condemg wlonialisrand freezone and .thactivationof the initiative atmed
forcingfumercoloniapowew rocompwsatetheirformer
makuig theMiddlebt regionfree hm weapomof
colonies, in ordeto preventthe re-emergenceof mass cksrniction. TLibymArab Jamahiriyisaparry
colonialisand preventthe powerfuhm once more to thenucleaNon-ProliferatimTreaty. Wehope that
blackmailingandoppressitheweak. the preparatorycornmittee for the 1995 review
conference will, in its next session, reach an
TheLibyanArabJMya welcomeseffor aisixi understandmgthaitaleint o nsidemion theconcenis
atmbncing sec* andcoopera€ionnthMediterranean of al1partieto theTreary,eqecially asregardsits
region. We volceOUI satisfactiwith theInitiatives extension. My countrystill hasome dif1dky in
whose objectivisto ahance ecwomic, sacialculhiral ampfing an indefiniextensi ofntheTreatybecause
and enWm coopemion intheregion.Libya41s suchan extensiodoesnot takeinm accouriseveraof
for takindl measuresneoesçarytremoveaü causesof our concerns,includinzbeuuavailabiliof credible
tensionin tharea,espiaüy througthe whldrawaiof senuily guaranteesfor non-nuclear-weapon states.
foreign milimy fleetswhose continued p~swce Furthemore, theare n which we livesuffersfroma
jeope peacand sdty inthMediterraman w,hich &ty imbalance,ting fromIsraeqlu'sifion of
in tuni areciosely linketo intemationapeace and nucleu weapofls and irs non-adherence ui the
security.TheArabM-b Unionhas achievsmgible nw-pmliferationregime. 1~haç not a& to the
pro- ontberoadtowh eçonomicdegrarionamong Trea?y, orbasitsigneadde& agreamt withtbe
itç coutries and towards the wnmlidatiw of the inmional Atomic EnergyAg- (EAEA). Tbatis
unàqi~gs of developmen n thesecountrieç11has why my countrywoiildliketo emphasize rhat it i;
aisaopene newchannds ofcmpemuon withmganizations essentiaIO addressthese coneernsat the the 0.:
in theareato whichwe kiong both geographicaiand considerhgtbeextensioftheNon-Pmliferationreaty
dturaily. Libyawelwnzesthosestep sndexpressethe in 1995.
hape thattheMaghreb Union willsucceaiinplayinga
simil rolewithitcounmpartorganuationws theohr RespeE orandproteetioofhuman rightisme of
side of the Medimean. beghhg with the thefundamenru almhpinningsof Libyanpolicy. Iais
intensificatofcontactsandmeeting as ,ellasactive hasbeendemwstrated invariausformswhichincluded
dialoguewiththe institutions md, on a bais of the settinup ofthe Intermional Commitfefor the
equalityaudwmmon inmts ina manner capableof QWE HumanE&rs Prize and the adoptioof the
mponding to the wmqt of joint developmami the green dommenton human rights andbasi cuman
collective responsibility for mainuinpeace and freedom. Libyaisdetemhed tosupportandmnfribufe
suengthening mopcmiw on the shores of the toaii inmnationaleffortaimed at-dg rhe
Medrtemman. effectiveenj- ofhuman nghts. We bus welcome
the wnclusions of the Vlenea Conferenoe,whkh
In viewofthestabilicyof thepoliticalsyinthe constituta srep on the mad to the SU~R smd
JaRiahinyandits importancas aneconomicmarket,it enhancemw otf ngm. na bat aaiannghts
wouid beimpossibletomarghke or ignories rolin Cwfe~encerejectethemanipulaiionfhumanrightsand
anym&on betweenthe shoresoftheMeditmanean theiuseasa tcwofpalitld pressure.Tbismivady
if suchmqemion is achieveitsobjectivesat the adopreprinciplmuçtbe respect&,espeçialyyStates
forefronofwhichisservitnhepeople cftheregionand thaselectivelyraiproblem pelareto hiuaanxights.
acbievhgtheipmprity. Tbe~onalrri~tynnistsmndriptoany
attempby anyStn oegi-ouofStatestoexploithumri
ri&& asa meansof interfahginthehierd &airsof 23rdmeeting
7 Qctober1994
otherStatesItmustalsoopposeany mempt byany Srate Treaty.i& rumcd andmnhues toluma blind eyeto
or groupofStatestodistorttheprineiplesavaluesof Israewhi* hasno€accededKOtheTrearyanddly
der peoplesortopromote the phciples anvaluesof possesse200 nuclear warheads. Furthemore, the
suchStates os grouof Stafeasthe only pmpervalues Securitohc c haiinsisteoninvokingChapterVI1of
tha hauldbe embraçedby alpeoples. thecharteincase tsaihie hir no1applicable. while
arthsame the fadingtinvokeChapterVil itbecase
Tbe intematid community'shopesforasecureand of lsrael, despiits defianceof Unimi Nations
stable world cannotbe reafizewirboui adaressing resolutionsandits cmrinued occupof thtemtoriw
economic problems, particularly inthe developing of State~kmbers oftheUnited Nations. The Council
uiuncriewhere economiescontinutofacedifficultiesaskept silenton the lsraeli refutoiwithdraw from
aresuitotheaggravatiooftheproblemofextemaidebts, southernLebanon and on rbemassacre psrpetrated
theapplicationofprotectitradpolicies,theimpositionagainstthePalestinians, suchthe one in Hebron's
of harsh conditionfortheir imporration of advanced
Al-Ham AI-ïbrahimiAl-Sharif- Ihe Moque of
technolo hy,deteriorathgpricof rawmateria alnd Abraham -where, inan actof terrorisma fanatical
themtinued atteqtsm impose newtaxes, su&as the ZionistseniertraindinanAmericancamp, kiEIeover
carbonraxw,hiccouidhun not onitheeconornieofthe 50 ~alestinik *le the yerepraying.
oil-exportinState sut aiso thoseof oil-imporhg
countries.We believe iis impossible to soithese My believerbt, in the sonrem of
problemseffectively desthe intemationçommuaity
reformingtheSdty Cwncil, theCouncii mut be
dds seriously witand puts anend to theerroneous neutraland givenone of itsmemh a chance ro
praMicesthat cwtinue to characterizirixdonal dominateitorsteerit towardsservingits own intemu,
ec-onomicrelations.Suchpracrieesinclude mercive ashas bew Le casein somany instances,thlatestf
eeonomicmmures, such asthefrezhg ofassetsandtbe whichwas de Corncil'grantinofpermissiotoone of
ccrnf~smtby certa dinelopincornaiesotheproperty its perm-tI members toinvadeanindependentState
ofa numberof developinmtries, includinmy om. Member of+e UnitedNarions,rheRepubliofHaiti.11
Suchmeasurescanstituanimpdimentta grwlrth,aside has ken 9d that thobjstiveof thu actio nrr to
fmrhefactthartheymcwntertotheChatterofthe sestordemo~acy andprotechumanrights.Ifthhwere
UnitedNations nom of intemationaiaw and the me. whyw+ thmeno sud auionintbeput. whm the
reso~utiosftheGeneralmbly. peopleoftharcountryweresufferinder the yokeof
a repressiverrgime ,ubjeaed tothe mosr vicious
The General Assembiy is the nasnraplace for violatioof heirhuman rights?Wha happai wasa
Meer Stateto exercistheir rightsanexprestheir
flagranviolatrwafthe Charteran actof aggression
viewson theinitiativaimed atreformingtheUnited againsrth$violabilityoan independmtcnmry.Ir
Narians.Inthe cours ef thlasrsession,wefoilowed also establys the bgerous p&mt of giving
with keat in- werythmg thawas achiwedinthis ion to a Sm, unhappy about mes of
regard. My muntryexpressesits satisfactiatthe immigram *g iushoresto occupthclsndvhae
progras made towardsIwitalizinthe activit ofehe theimmigntionorigham.
GeneralAssembly and theestab1ishmeotf aneffective
working relatiomhipktwem the Assembly andthe
Libya-ot affordro overlmk ihuinvasionor
Mty ÇoW. We hop fume effortwillresu Intn keepsiléntabonit,firsas amer of principleand.
increa istehestc' rshipoftheSemity Councilbased seowdly,bbuÿciiaitibas a~placein<mrhistory.
on @table geographiddistributioTo ourmind, this Forty-fiveyeiafsago Haiti plaa deeisi roein a
pm must be accoqmied by masures m mve mam of hprest tous. Itsdecidinvote won the
obstaclesta tpmper hrnctionioftheCouncil.suchas adoptionothemal AssemblyresolutiononLiisya's
theprivilegeof vetopower, and Mpmv~ts in ia
iadqmdmce!
workingmethodssotha itcanfunctioinaeco~ with
the principleof the Chartermi, eschewingdouMe Atthitim nextyear.thecelebrafioftheRftieth
staodards,ealccinsistwtlywiaiIssues. annEvmaq ofthe UnitedNationsdl kgin. While
devdopments in ment years have revulei lome
Ifwe examinepastSecuriCtouncil ices we Ml w~~ ip some of the United Nations mgans'
tintdha thilerheCod showed inter n tryingto
hadihg of disputseniementand crisimamgemeii,
securecornmiment ta the nucleaNron-Prolii&on r~ cannotd amibutmtio tlmer buttathertothe .3..
GeneralAssembly 2Trdmeeting
Fm-ninrh session 7 Octokr 1994
tendencybyemab Powers,hsistingtbatheirapproach w thesame &y inste afon consecUridays ,s was
aloneshouibe adopted,timposetheihegemonyon the theoldpctice. Ina spiriofcqiedon, thesetwo
handlingof internatii atters. world leadwsdebed their intentoduce their
narion'stockpilof mcleaami ohr weaponsof mas
nis questionshouldbethefoçus of mtioninthe desmction. Butd' r musrsranfromthehm.
nextsessionbecausitwiü mark thedemiseof the oid And1 hopetharthi s the casewth thstepthesewo
ordearndthebuilhg oftheneworderthawillreptaceil. hidents have taken rowamlthe benennentof dl
The LibyanAr& Jamahiriyaintendstoparticipatewith hummitrnd.
otherinbuildingthsew orderrowsurethairwilIbean
orderbasedonjustice aequalitytbarespectspeoples' Today,we wauldrecallthpeaceandhatredcorn
politid aneconomicoptionssecuteMI conmiment to hm withinpeopl-themirro ofanationthemage of
intemational1awandfoi1espec forthe Cham of the aregioanndthelivinu'easuof thglobd mmmunity.
UnitedNationsandstandsuto thoswhowouldpiisbrhe IIIrdertobuilda -fui and safeworldfor fume
UnitedNationtowardsthefatofthem e of Nations. generalîonsour resolvetoreducenuclearandorher
Thenew omlerwenediswethar enh~andprmcts weapwsof of bmction must liewitùitnehws of
human rightand~~ puverty, sufferdivision, our leadersanpolicymakerthroughoutheworId. We
must -fore seizt$isoppommiryandwtk together
~,disputesdwars. Irrmistbeanorderinwhieh
no Stateseeh toimposeits hegemmy andabuse its m buila huer world.
inil-, aaorderthamrppurtstbesertiemetfdispates
amng Smre s ypeacefalmeam, mt by arbimy and in rhtsregard, Solmon Islandswelcomes the
&ve nie;ms. We need a new orderimderwhose variolpeacehitdj~esthawtatmuetobrhg hopernrhe
ambrel aiapeoplescanlook ophhically toa future wofld cmmmity. Thenoble effortsof President
wheredy, pce and stabiIprwd. Mandela toçharn newdinectiw foSwth Africmusr
km-. InhisfrmaddmsasthefirstPrwrdent
l%e Reideat {ierprdmirmo mm Fd): Inow of thenewdemdc SouthAfnca, PresidentMandela
dl ontbeaepur yrim e inistandMinisteforForeign aclmowledgedtheeffom oftheintema8onalimmpnity
AffairsofSolomonIslands,HisExcelletbeHonoarable inthiwsay:
FranciJs O@ Saemala.
"The imiversdsuuggie againsapdeid aud ic.
Mr. Sitemala(So1,omoI~sllandEwlsh,fh of dl. finaldkmntlemmt wasnotmi actofchar@ arish&
towarmfym~Mr. AmaraEssyonbiselectionas outofpityforthemajoritofSont Ahiria people
-dent of dieGaieral Assembly at itrforty-ninth butanaffrrmarroof ourcmmm humadty. "
mion, amponsibilityhe ulilldischaeffdwly with
Rogresstowardsa hxhgpce inthe MiddleEast
tbepmveü ciiplomtiskiliwith-ch he hasservalhis
uirmayandhisregirinso~ll. Itgketùis~tyalso tiamsmed thehopeof tbeiaemationammnuaiq for
to qqhd the good wmk and leadership bf bis stabiliin tharegion. The partieimro1veinthese
predewssor,HiJExŒilency Mr. Sd hmally, who negoriatiodeserveoiisinceracciaimand praisand
presidedovestbe GeneralAsdly at itsforryeighrh ousco~~n. Replacinggunswith&gful
session. ha&Wxs oftenmkes leadersbeyendth& phpical
nanireami leads tbem to mort to their spirinial
It is approp- that on ?heme ofthe fifieth mindset- aihmsiw that is oftenignbutwhich is
annivmmy of tbkOrganimion we mer a new eram anessentiingrdieni iarecip fercoaflictrew1~011.
iutemaionatMons, anera untaiatedbythe=Id-war
polititha tddpeaceand pwitiv&angehostag feotoo The cease-frreinNorthernLelandb changed
long. Opminitics now abund forchangeand lastmg peoplep 'rceptionofthe impoJsibiliofthe simple
peace'.LhisnewerademandstbatailMeaiberStarestake redityoflivingmihout gunsd bdets. Theçeare
a globaview of howtheûrgaaimtim canbem meetthe lellingachievememfororu m, ami theirmots are
objectivsetoutintheChmer. embetld ie&dthum spirof loveandhdness.
Pmihl BillQintm and PressderBori s elh Dqnte United Nationsîlxemdm to restore
~tùisnewhpeforpeaceattheoPenmgofthe imra-Sweand intematimaïeacaendhty. theworld
g d debate, hen addres heedeneral smabiy isstillridàledwithmnrblespotsandenttanperedtiyAnnex 79PARLIAMENTARY DEBATES
HOUSE OF COMMONS
OFFICIAL REPORT
ScottishGrand Committee
Tuesday 13 Decernber1994
(Westminsfer)
CONTENTS
FloodinginStrathclyde
Statement--[Mr. Stewan.]
PubliExpendrture
Debate onmotfoAdjoummenr
Debare matioforAdjournmnr
LONDON: HMSO
57-5net39 Public Espendirüre HOUSEOFCOMMONS 40
Lockerbie
check Hamard but I thought the hm. Gentlemansaid Motion nde, and Quesfion propose4 That the
£2 billioIf heisnQW sayingf1 billionwe shdIwork Cornmittee do now adjourn.-[Lord James
on that. Douglas-Hamilton]
nie debatehasben typicalOppositionMemb have
consistentisaidtfiathey want more foralmost every
pmjpanm1e exccpt-1 takethe point madeby the hon. Mr. Tam Dalyd (Linlithgow):Excavatinan event
Memberfor Dundee, East-for a programme which thatoccurredsix, loyears ago to thmontfi,ifitwas
involvestheextensioofparenc dhoiceinducation, a only out of historicdeuricisior a perceived party
policyopposedin principlby ihe Oppositiondthough, politicadvantagewouldnot bemaking properuse othe
aswe know,notopposedinpractice by theLeaderofthe firstAdjoumment debateofits hndthatunder the new
Opposition. congratulatehimon exercisinhisrightto
choose.I amnot inany way cnûcisinghim.What1am procedureirakingplaceintheScottish GrandComminee
criucisingia party whicwiwillotrecognisdierighof herein London.
Lockerbieiçahm-and-nowproblem.
patentstochoose ad which has opposed thatchoim at Lockerbieis thecause of UnitedNations sanctions
every movemadeby theGovement. againstLibya.
Much of the debate has concenmted on local
government The hon. Memberfor Anm, East(ML. Lockerbie isthe reason why 5,000 of our fellow
Welsh) made reasonable points about sparsity of counwen-many from the west of Scotland-who
popdation,butthefactisibatId auttioritneScotland wok in Cyrenaicab,aveto makethe exhausungjoumey
spendconsiderabimoreper headof population,oonly amss the desertto Tunisiaor Egypt beforetravelling
home.
comparedwith their cuunterpartsinEnglandbut with
hir counterpartin Wdes. a simil aountrysocially, Loçkerbieis thereasonwhy Babcock'sof Renfrew,
economicdly andpolitieal.y deniedourtraditionengineeringmarketshadto pay off
Provisionfor Govetnmmt-supm expenditureby hundredsofskilledworkers.
local autiioritissf1,495 pezhead of-populationin Lcckerbieis carisinghardstoptheLibyanpeople i,
Scotiand. hatcompareswith£896pet $4 inEngIand- relation to spare parts for British-made and
a differentlf33 percent.Thehon.Member forAngus, American-madeaimaft and medical contracts wirh
East(Mr. Welsh)has the gdl roçay that samehowrhat
provisiois unfairtoSwtiand.It wouldbehard tofi~d Britain.
nie Foreign Secretarwho courteou savye me 25
anyone inEnghd who wodd agree withhim. minutesof his time done wita mior ForeignOffice
It beinOne o'clock. the motifortheAdjoununeni privats- inhisroom last night,wiexcuseme if
ofthe Comminee kpsed wzibut Quesrionptu,pursunt Iuse hisword"sraiemate".
torheSmding Order.
Above dl. Loekerbiis everpresentforelativewho
arerepresentedin rhisRoom byParnelaDix and Tim
Swire.They are entitlto the certainthateverything
possiblek king done by the BritishGovemment to
ascertaithatM, howeverunpdatable-
The Chairman: Order. Itis not in ordesfthehon.
Gentlemanto refetranyonein thePublicGalleryandI
askhim to desistfroso doing.
Mc. Dalyell..I apologise.
We must ascertaitharmth howeverunpdatableand
em-ing itmay lx.
Imake achargeagainstiheCrownOfficeinEdinburgh:
eitheritilazyandincomptent to mindbogglingdegree
which.Wy, I do notbelieve;or, asI believithas
been presçrrrisbythe previou BritishPrimeMinister
and two previousResidents of the UniteStates into
suppressintheappallinruth thatigraddly emerging
abut tockerbie,themost seriouscaseofmurder in the
Westernworldsinc1 e945.
Theabjectfdure to followuple& is astoniçhing.
Hanrad recordtha on21 ïksrnkr 1988, on a point
of order1 raid thequestionof whatappear odhave
been anappaILinaccidentinvoivina Pan Am jet.
On new year'seve-Hogmanay I988-a policeman
from the Lothianand Borderspolice who, almg witb
çolleagues.asentnistedwichthegruesometas kfgoing
hugh thewreckage ,bservedtome hathefound it odd
thatAmefi~8n$werefranticaltmpering withthe wes
and theevidenceSuchwas theexperiencof theBradford 4 1 Lockerbie 13DECEMBER1994
police surgeonD,r.DavidFieldhouse,in charge ofthe Ir is od gd Minisiar rhclming behind the
previous majorincidentthe BradfordfootbaiIstadium responsibili*of theDumfriesand Galiowaypolice. 1
firedisaster.whdrove post-hasttotockerbie. saw thacayeous anddisringuishepoliceofficechief
Givenal1 tharhas been writteand fiIrneclaboutthe superintendentilchriswho, absoluteiycmtly, toId
crucialpivotalfigureoMajorCharlesMcKee, about the me urne a& again,'These arequestions.Mr Dalyell
hg enforcernenatgencyandtheone rnissingbodin the which youwi11haveta putto îhsCrown Officeand the
count, why is itthatthe Crown Office has made no ForeignOffice".
attempt tcontactDr. Fieldhouse,who hastoldme that Why arede Govemmentrcluctant m la EmnnBdiier
he wasmystenousiy mked last month fromhisjob asa and his engjneerUhch Lumpan see theiewn timing
policesurgeon? devicetodet;wminwhedier iriofthebatchthatwent to
Why has noanempt been made atleasttosee Lester Libyaortbafwtiiehwentto theSmi?
Coleman El, CO-auttioof 'TIiailofthe Oetopus" in The so-calleclforensicevidenceof the timingdevices
Sweden. or the orherceauthor,Don Goddard,who is
staying in London and was considered sufficiently was theanlylio-cal hudccvidenseagainstheLibyanr.
BolIier rnThe Observer of 23 Januarythat the
responsiblto be anditor of the New York Times for fragmentof,he timingdevice mighthavebeen planted
10years? by Westernintelligenceagentsseekitoframe Colonel
During thehourthatI spenton theTerracewith Ray Gaddafi'srebrne.
Seitzformer American ambasador, he preferrednoio
addressthatquestion. Ifthais +e, iirdamning.
Iitis unthehow can Bollieixregardaiasa credibte
InMarch 1989,the righthon.Memberfor Southend, witnesswl it sui&WashingtonandLondon? When did
West Channon )ent totheGamck cluband told theCrown Office or the police1st see Ballier or
experiencedIobb yournaliststhatthe Lockerbiebomber Lumpart? 1
hadbeen identifid. Hwasmuchreded forbliirtingouf
albeiiacauriouslw,hatInow believetobe rhemth. In ~ctobef 1993, Bollier assenethai he had told
western intepigencea yearbefore he Libyans were
I Mrs.lbtctier soonsacke hdimhm the Cabinet. chargedrhattimerhadgone rothe Stasiand,furthemiore,
I have known therighthon.GenUeman for32y=, lhattwo ormprethers hadprobablykn stolefïom his
sirichearrangediorttielate Jiy Hdi-thea MemGer Zurichfactor Yyetthetimeristhesdled independent,
ofPatriEtmenftrMidlothkudnd me ta seeRabButler, indispensable!ndisputableforensicevideneepaintito
wtioseParliamentarPrivateSecPetarhewas, aboutthe Libya. 1
ShaieOil ind- and BMC.1 do not kIieve thathe
righthm. Gentleman wodd have said any suchthing Indeai,~okrt Muelier,assistaUntiteSgm attorney
generalin9ge ofthe Lwkerbieinvestigatio. aiina
unlesshe hadhadgoodcause forbeIievingit tbem. BBCradio interviethatthepiece of ~l~lt boardand
Igave theri@ hon.Gentleman noticethatI wouldlx thetimingdebicewere.
raisinibistopic&y and,pmibly, on oralquestion "indisputabo!rpanicullimewhichvu pvrrharby Ubya"
nimber 5totheRimeMinisteronThursday .isreaction
was thaihewas notdeIightedthat1shoylddoso. MuelIetsaid:
"~cou~dnotbavhn tmughtitmy~y else."
IbelievethabtyMarch 1989 theBritishandAmerican
Govemments were in liule doubt about what had It k preckel~ Ihar "indirpuLa evdsenceltttaAllan
happen- ithad norhingtodowiththe Libyans. Francovich'siwo-and-the-quanerhourfilmhas blown
On 19 Sepiember 1989 Cecil Parlrinson-now Lord apart. ~dlierl hatotaiIdissociaes3himeIf hm the
Parkinson-then Se~ferary of State for Transpon Cmwn Officejcase.
promisedPamela Dix,JimSwk, Mr. andMn. Cadman nie ~mwn Office cavld harddl Ballierasa key
~Ïtnessbecaysehe isclearlnowwitnessforthedefence.
and otherBritisreIativesthe publicinquiryfor wbich Has theCroy Office botheredtoexaminewhat Goddard
bey rntved,adsingonly ttihe would havetoclearthe
stuag upof a publicinquirywithiscoiIeaguesAt that and Francovi~hsaid about anotherkey witnas, Tony
timeonlyone colleaguein Govemment had thedout to GaiicitheMajtese shopkeeper?Gauciidentifid thtwo
stop LordParkinsondoing whathe had agd in good Libyanson Je bais of one sightingonyear earlier,
faithtodo. So why did she do it? To denydmply havingrecant~don his idenuficationof Abu Wb, who
disuessedand angryrelaLivea publicinqunyendorsed tcwkMaltesellorhingtoSweden.
by herown Seuetatyof StateforTranspon. Whm hap4ncd to thereport ofthe Scanish police
officers whq went to Sweden and recovered
Has theCrown Ofice botheredtoask LordParkinson
why hiskt judgementwas rejecred? Malta-origi? clothinginMay 1989?Why was their
Lady Thatcherherselhas smne exptainintodo. She evidenceignored?Whattiappened to thcalendarfound
published800self-servipages ofautobiographyZwas in Sweden, whieh had a circleround thedate of 21
vgr wellwritten, interestandreveaiing,but never December 1948?
Whaifoilo$up hasthe= ben to thduailed&le by
ance did she mentionkkehie. Yet on page 449,
jusufyingthe1986raid which desaoyedwoLking ciass David Leppardand NickRuffordw, itcrucialadditional
tenemen& inBen- andTripri,shesays: reponingby dan Perssonin Stockholm, hichapw
%e muehvauntedLibyacaounter-atdtdnoiand cauldnot in Re Timesof 17December 1989?Itassened:
ae place". '"fromthed g lhrewccb into the Mie inquira,
With heracces tsintelligeh nowe,uid shesaythatif poüeenr~ipi&+upa Sic pkc oprintcircuboardwbidhd
she really thought ihat Libya was responsibiefor Mlcn ontothefrwifrwnashaacrdluggagpaïict,inveGgatws
hkerbie? Has the Crown Office been treaLady wm on tkiway tosolvithemystcry".
.natcfier? Mr. FeRdayben interviewecl~cently? CMr. Dewar) afew hoursafterthecommissionof what
was ~ndoubfealy an international aa~city and a
Any investigatithatwasinterestin chetnithauld rnonstrwçmime.
long since have gone toAlIm Francovichand Don A few dayslaterbetweenChns~ and New Year.1
Goddardand asked them about theu materialwhich went kk topaythe respectof theBnWh Govemment
showed thaMalteseclotks wentto SW&, and wauld ta thosewho hadlost thtu Iivesaswell as togive
haveexaminedthe wholeMdtese connecrion,whichhas financialsuppohm theGovernmenftorthec1-g up
ken vigorouslydeniedbytheMaltesepolicAu Mdta
opedom. To givesome kindofpicnrrof theenormitg.
by the Luqa airportauthoritieand by theMaitese of he uimmitted,it isonIyneEessaryfor meto
Gwemment mentionthatmoreAmmicans lastthelivein thatsingle
Isdeed,how dotheGovenurientandtheCrownOffice incidenthat didBriùçhpeopleitheFaiklandswar.
respondto RobenBlack.the Aofessorof ScotsLaw in However. Erejecthehm, Gentleman's hargehstttie
theUniversityofEdinburgh, hohabeen rnuchinvolved Lod Advwak's Depamnenthas been eitherlazy,
inthe casewhen hepoints outthatalthoughtherewas incompetentorpressuris 1eept whatthe Secretaof
documentaq evidence fortheresof the luggage,there
was nodmurnentaryevidencefortheSamsoniteme? StateforScotlandsaidto thehon.Gentleman.Nothing
intheevidencetha~îheLordAdvocatehas miveù has
Dr. juan Buantempo. a retired seniorMatese promptaihim to considerany changa ithe chargeshe
ambassadm who çame to seeme inhdon. toldme on wistiestomake. 1 shouldde itquite cleabat,of
thephone fromValettaonSunda yhat tthekt of his course,the Lord Advmte's Depamnentis dways
Icnowledget,he=hadbeen no recentapp& made to prepd toexamine.newevi&nce. Evidencepemning
theMalteseauthorîtieWhyonearh nor? totheMaltese douMeerossandtheErancovichfilmhave
ben snrdiedby officiaiand it isMr. Francovich's
Has theÇrown OfficeaskedMr.Francovichaboutthe responsibilitobringfonvard evidence-if, indeehe
wtness h CaliforniAbdu Maged liachaa so-dl& hasany.
un~over agent, who was a sub-manager inLuqa
aqm~ wherethetwo Libyansworked?Jiactiagot a $4 The han. Gentleman has protested thathe Lord
Won red. As aninformerJ,iachasaidtbathhad a Advcate should repiy on the Hoor of the House.but
diarytbatbelongetoW. Pbimahand luggagetagsThat der the suleof ttiHoue theLord Advocalecannot
rnightbe thoughtto beaber d thuigfora secret replyashe isaPeer.
agent, asPhimah was allegeto be, todo in his 1he
business. Lhe new StandingOrderchanges,with theexception
ofthe StandingMer onministed sratementsapplyto
However, Tony Gauci was a crucial witness, ScottisOfficeMinistemand Zaw Officers onifthey
Franeoviehexposesthat,asdid Wdard andColeman are members of the Seonish Grand Cornmittee.nie
beforehi.. exceptioisttiStandingOrderonrninisteristatements.
Lat nighttheForeignSecycornplainato me that hi5 ThatallowsthetordAdvûeate tomakea statementtothe
undemding was th Mr. Francovichhd refusedto Grand Cornmittee about some aspect of his
givethepolicedocumentsandthattheCruwn Off~cewas respotisibiBti.she Lord Advmate would have to
consideringwhetherto requiMt-F.rancovichtodoso. voluuteerastatementThe GrantCodîtee couIdnot
Mr. Frmcovich tek me thaihe has constady offered requirhim u>attend.
helpto theinvestigatoP.erhapsthatmisunderstanding ïh hon.Gentleman knowçbat any answerthat1can
cwld be cld up. giveto thepointthM he msikesis circumsuibed the
1 guess thatthe Lord Advmte's Officaeridthe faet thahnird proceedingsarependinagabstthetwo
Departmen tfJusticeiWashingtonmust ôeprayingthat aceusead nd have been sin= Novemk 1991. Ttie
thetwo Libyansareneverhght near toid. because amender of thetwo acciised ftriailScotlmdor hc
thecasewould belaugheùoutof cauh
UnitedSm is beinactivelpursued.
Rnally.astimedoesnotpermitmare,it hasnevebeen To thatend.we have swght and receive the
explainedhow the United StatesGoveniment knew endorsemen tfthe Unite Nation Sseiuity Councilfor
enougtitowarnîheirstaffatthe Moscow and Helsinki the Britisand Unitd StatesGovemments' demands
abassies nottoeavel oPan Am 103,towam PikBotha regardiatheLockde bmbng, and thedemandsofthe
andsenior SouthAfnw chiefs d staffto avoid that FrenchGovemment overthe lmmbingof theUTA fight
fiightbut allowedthe kids43ora Swire, the young 727 ovet Nigerin 1989.As a consequene of Libya's
Cadmanboyand those32 suidenthm theUniversityof refiuasommplywith thosedemands he UnitedNarions
RachesterNew York40 bard thedoomedaircmft.
Security Council adopted resoiution 748 imposing
Thatal1thoseleadshavaot beenfollowedupamounts eeonomic, diplomatic and aviation-relatdsanctions
to criminalnegligenceby the leadDepartmenMe againstLibya in March 1992. A furthersancdtjons
Crown Officeand theForeigOffice,BluntlyMr. Bush resoIutiowas adoptedin Novemkr 1993.
and Lady Thcher may not want the auth b,utthe It isamer of greatregretthaLibya continueto
relativesdo. defythe internatiduimrnuaityad,inclad,toprbmote
so4led compromise proposaisin order to diven
anentionfromthid sefianceincludintheproposairhat
The Ikliamentar Uynder-Secretaqaf Statefor thetwoamad shoulbemd befme aso-caileScottish
Sdd (tord Jameç Douwwton): IamgM ro courtat.theseatofthe Internationlourtof Justicnt
respondto thhon.Member forLinliihgow(Mr-Ddyell). theHague. Even ittiiwere agenuineppd itwouid
1 was atthescene ofkkerbie with my righthm. and be entirelyumcqtable. A Scotbh court cannotsit
learnedFriendthMember forEdinbrrrghe,ndanaW&. abroad .o dlow hc, we wouldneedcomplexlegislation
Riflundand thehon.Memberfor GIasgow,Gmcadden inbothcountries.wouldlx quitemng to makesach45 Lorkerbze 13DECEMBER 1994 Lockerbie 46
special mngemenis for suspectedrerroristatthebehest In exactIy theame way. rhe Lord Advocate canot
properlyorcorrectly discusstevidenceof whai wos an
of the counuy whose officiaputposesthey werealleged
to be servtng. internationltr&ity beforethe case cornto court.Itis
incorrecofthehbn.Gentleman toapplypressuretomake
Mr. DalyeI1:ht night,1 zked tQ the Foreign him do so. ItWouldnot be in accordancewjth the
Secremy whether, if the accusedwere tw0 Scots. we independentio1e of the judiciaryand 1believthat the
would surrenderthem to a countrwith which we hadno LordAdvocate'sconductis correct.
extraditionueaty, wherewe might pwceive thatjustice
To debate dblr of the cvidcnee. as Lhe hon.
hod gone as wrong as it had in the cases of the Gentlema wnoul?have me do. wouldbe tojeopardisethe
Birmingham Six and the Guildford Four. The Foreign prospect of a fair criminmal and render worthle she
Secretary'sown words to me were: staiemate-we are panstakingworkinvalvedin the inver~igatiand cffo~
faced with stalernaon thi s atterAnyont who knows made since the announcemeno tf warrants on 14
the Ar& world-1 have initiaredFriday debateon Novernbcr 19911to rccure the rumender of the rwo
Britain'sreiationwiththeAr& wdd-know thatthere
1s net the proverbialcat in hell's chance ofthe two Libyan wsho standaccused of an internationaauociiy
accused being senttothe UnitedKingdom.If Scots had and rnonstrour IcrirneThe pnrnary purpore in not
disdosing details of the evidence iprotectionof the
committed atroçitiesabroadhere would bea smong case interesrsof theho accused.It isonly proper that the
forhem facing uidand king broughtbeforethe bar of prorecutingauthhitiesdo al1they canio ensuretharthe
the courtfor thecrimesthatthey haccommiued t may twa xcwd receiveasfairatrial .possible,unhmpered
berhat we donothave extraditionagreementswithcertain
counuies and rhat we should explore the possibiliof by anyattempu to scrutinise rhe evidencein advance.
more agreemenit nsfuture.Wehavenoraon tobelieve, That is threspolçibilityotheprosecutingaurhontiesin
in tight of Libyan pievaricanon lhat the proposal1s anycase inScotlyd, andrhesameniles apply in thcase
involvingtheLibyan accuçedaswouldapply taany other
genuine. case wherepetsok werecharged witha crime.
Trial inScotland will befairSince Libya hassud
thatitdoesnot objeçtto nialbeforea Scottishcourtin Irhassornetimkbeensuggested ihartheaccuiedwould
no1receive a mal in a Scottishcourt kcause of
the Hague, itfollows that Libyaccepts thata Scotùsh pubIicityin theyedia, I wtsh to make threepoints in
trialwill be faiA.malin Sçotlandorthe United States reply. Fi~t, certainindividuals, for example Mr.
isrequiredby theShty CouncilI amglad thatposition Francovich .ave donc much to pmrnotemediacaverage
is accepted by the internationalcornmunityand Ehat, of thecase.In concrastthe prosecuri aunhoritiehave
following the recenreview of the sanctionsintoduced been rcnipuiour hotO do so. Secondly, mwh of thal
by resolutron 748, rhe Seçurity Council president
çoncluded thattherewas no agreementthatthe nmssary publicityha soughtto underminethe prosecutioncase.
That woutd not ofitselfbe prejudicitothepositio on
conditions exiçted for modification of the Secirri~ the accused.Noye the less,in asmuchas itseeks to
Councilsanctions. damage theproyurion case before the prosecutionhas
We do not, however, see sanctioas as an end in the opportunityeven tolead its witnesseincoun, that
themselves.For that reasonSecurityCouncilresolution publicitycm be +id notto bc inthe wider interes&of
justic Th.eprose~ution,likthe defence,shoulbde able
883.adopted in Novemberlasry-, containsasuspension
clause that sratethat the sanctionswillbe reviewed to presentifçcaçr: withoubeinghamperd by what is,
imrnediately, ithaviewto theiking suspend assoon inevirably,ill-infymed anone-sidedcomment.
as the Secretary-Generarleportto the Councilthatthe Finally.ithe ecused came to via1in Scailand.they
Llbyan Governmenr have ensuredthe appearanceofthose wold have therightto argue beforethe High Court of
charged withthe bombingof Pan Am 103for triabefore
the appropriateUnitedKingdomor United Statescourt Justiciq thai, pue to ail the pubiicity and other
crmrnstances,they could notgera fairtrial. thecourt
and have satiçfietheFrenchjudicialauthoritiasto the upheld Lhaconre$ion.ihe pmceedingswouldbe stopped.
bombing of UTA 772. If thejudge did ~otuphold rheargument. the amused
The resoiütioa dso indicated the SecuricyCouncil's couldappea1to qe Criminal AppealCourt. They again
wodd have thepgwer to stop the proceedings.Therefore
willingnessto lift rhe sancaoncompletely onceLibya the wtioliessu ef possibleprejudicewould be decided
complies infull withalthereçolrif.ion. herefore,there
is a powerfulincentivefor Libya to surrendertheIWO by the independeljudgo in the High Coun. Thai ii the
suspect an, we shalcontinue todoeverythingpossible protectionafforded by the law of Scotlanw dhich is
to bnng thatabout.Butso iong asa criminaltsaifor the dwayrrnriovs tovpholdtherighir of accured personsin
two accus4 ispending,the detailsotheevidence inthe approprialceircultances.Thar protectio1savailableto
criminal case cannot and should not be discussedor the Libyan acctise;d,juas itwould beavailabletoany
otheraccuse peryns beforethe Scottishcourts.
debated.
In thme circ~rntunces ir ir unheipful for the
Mr. DalyelI:What evidence? prosecutingauthqntiesto be subjectedto thisrype of
criticismwhenthe hon.GentlemanweIlknows thatthey
Lord James Dougias-Hamilton:The hon.Gentleman cannoirespondindeuil io hir allegatioor,thoremade
asks"Whatevidence?"andhemade a speechaskingthat inthefilmby AIlnnFrancsvich,forfearof prejudicinin
detaiIsof the evidenceshouidbe revealed.Wheni was
pasùcuiarthepos$im of theaccusedin thecrimrnaltrial
an adv~ate andcounsdina.murder case,1traveI1ein a rhatisactivelybeingursued.
rratn with the hon. Gentleman' dsistinguished
father-ln-law.ïhe hon. Genileman's father-in-Law Mr. Dalyell:d might have more respect for the
ptoperlysaidthat hewould dkc~s mythingwittime, but prorccvtingiurhdiiticrif they hadnot refusro allow
no1 the evrdenceofthe case inquestion. Edwin Bollierand his engineer Ulrich Lumpart 10 "4
47 Loçkerbie HOUS OF COMMONS Lockerbie 48
Of course the dlegationç made wittiin AIlan
Francovich' flm are king considered by that
examinetheir own crucialtimingdevtces.Whyhave no$ çonstabulaq, althoughthehan. Gentleman wilI not be
the prosecutinauthontiesdlowed hem totr)raidentify surprisedto hearchatmany of thematters raisawere
theirown devices? the subjecrofextensie vnquiry alearli stagesof the
investigation.Thehon.Gentleman mwt understaadbat
LordJames Douglas-Hamilton: For thesame reason while the investigationremainsopen, andanyrelevant
ttiatthehon.Gentleman'sfarher-in-lawgave me on the line of inquirthatbasnotaIread byeenpursuedwilI be
train.The hon. Gentieman slrggesthat either the pursueci,thedetaiiofany investigativesteps cannbe
evidence itself shouid be revealed or details orhe madepublic.
investigauonofit. %t wouldbeincorrectandimproper. No effectivecriminaiinvestigationcouldbeconducted
The hon. Gentleman'sfather-in-Iaw, judgew,ouldnot in sucha rnannerand,as1 havealreadypointedout,ihis
havetolerat bad.In thesame way,noindependL enrd case is differentfromany ottieronlyin itsscde and
Advocate couldpossiblygive wayfotharkindofpressure. complexity.Itis quitewrongtosuggest thathereis any
Mr. Dalyelt: Will the Ministergiway? lack of cornmiunen to the resolutionothe Lockerbie
case onthe pan oftheÇrown Office.The Crown Office
Lord James Douglas-Hamilton: No, the hon. and the Rocurator Fiscal Service have workedveq
closelywirhDumfnesandGallowayconstabularyand the
Genrlemanhasmadehis point.If 1may çay so,he isin authoritiesfanurnbe rfçountriesinpursuingthelarges[
dangerof tryingto bringpoli~caipressurtobea rn an criminalinvestigatiin peace time.
independenpt rosecuti snrvicefit isa verydangerous From the fist &yofthe investigatiuntiiweIIafier
road todo down. It isvitally importantandemocrauc
counuythat the prosecution service shouldbe totally the issue of warrants,the then procuraiorfiscal for
independentof the Governmentand of politiciansin Dumfnesworked fulltimeonthe Locketbiecase, fo~he
generd. most panactuallys&ng accommodation wi~ the poilce.
Thete has neverbeen acase inScotland inwhich there
Of coursenew evidence will beconsideredandshould haskn such dore CO-ordinationerweentheprosecutton
be submitted,but the hon. Gentieman'srequest that andinvestigatingauhoritles.It is mischievtosuggesr
detailsofthe evidenc~shouidbe reveaied isincorrect. thatmy noble and leamed frîend the LordAdvocate's
That hasnever been done inrelationtoothercase asnd departmenu have given anydiing less than total
shouldnorandcannot, bedoneinrelationtothiosne. cornmitment tottiicase,in accordancewithestabiished
The Libyan GovernmentshouIdbe enmurageci ro procedures.
surrende he two accusep dersonsfortriai1paytribute Mr. Dalyell:Rubbish.
to theworkof thepoliceand ofthoseassxiated wirhthe
Lord James Douglas-Hamilton: The hon. Gentleman
investigatio.wilIgoso faas tosaythattherhasnever says"Rubbih. 1 mus say-
been amoreextensiveand thoroughinvestigatiintothe
cornmissioningof a crime in thehistory of Scottish The debor eaving conrinuedfur half an Aour, rhe I
criminalinvestigation.Anyonewho believes himsetfor Chaim adjouniedthe CommitteewirhoutQuestionpur,
herselftoking possession ofanyevidence pertinentto pursuanito theSrondingOrder. ,
thatinquûyshouldmake itavailablby presentingii to Committee adjournedaccordingiy ar half-pal One
DumfriesandGallowaycons&ulary. o'cbck. Volu253
No42
HOWSEOF COMMONS
OFELCIALREPORT
PARLIAMENTARY
DEBATES
LONDON:HMSO
£7.net1055 WyrePi& &pus FFEBRUARY1995 1056
1 hop thamy replyhas been heipfuto my hon.
Friend.Giventhernieial roof thecouncycouricilin
determininwhatshW be itpciontieçorexpeuditme,
itmight beusehlifmy hm. FriendstheMemh for
Worcester and for Wmcatershire,Swth and their Mr. TarnDalydl (tialithgowMy concem about
cdtuents directheiprincipacmcems tothecounty hkerbie havebeen set outinAdjment debates.
councilItisthecomil which- fareignaffair debates and eadless parliamenlary
questionoversixyearsmosr mtly on 13 kember
fi- Deputg Sphr W. Lofthme): intheSc- GrandCommit= at eolumn40, soIinvite
OrderW. emustmove on to thnext&bate. theForeignkmaq to adbs thefoilowingquestions,
ofwhichtheForeignMlicehas had26 hours'notice.
Did the Suitlishpoliceïequest inteMews with
Ghadanfa rndDalkob? Ifnot,why not?Ifso,were
theydeniedamss to thetwo men? Will theBritish
GovernmentobjeetifDalkouman iireleas iaer this
year?DidtheBritishauthoritiesever interMman
-t, bnefiy detaineand.thenreieasedinNwss.
Gemmy?
Considerinrwo Libyanshave been indicteon the
basis ofçircumstantieridence,would the Foreign
Secretarachowledge contrarcircumstmialetidence
setoutinrecentdaybyAlan Francovitc, onCougiilin
andJohnArlidge,andin theiseminai,iderided,booir
'Tmd of the Octopus"by Don Goddard andLester
Coleman?In pareicula,theForeignSecretarat ease,
inthelightofthe'RleonFoufprogrammei,n respect
ofthepivotaiwitaessToniGaiicîdohng shopkee'mr
fiomMalta?
IftheForeignSmry isço sureabout the Mta
connection,hodoes he explaithatAirMairawon an
out-of-coursettlementagaiast Granada aad 7Ec
independe neit,eof whichcoulsdubsmtiareits story
of Malteseinvolvement?
IstheForeigSeaetary anymareat easin respecof
angthercruciwimess,EdwinBollier?Didht notsi@ a
statemento theeffectha tistimingdevicebad been
sdd ofy IOtheLibyans?Butdoes not interrogatiof
Bollier'sStasiconïevd thattha tasa lie,ahe had
soldthesame&vice totheStasi?
What is theFareignSmtary's assesment of the
reporof thairinteiligenuriitotheUniredSutes&
forceth Ah AkbarMostashemi paid zhe Al Abasand
AbuNidal groups$10dion in cashand goldtobomb
PanAm flig103,inretaiatiofotheUS "shootdown"
oftheIrani aunus?
IstheForeignSecretarawarethat thCrown Office
receivemial Americgl lntelligence irnplicaungLibya
fromMt. VincentCannism of theCU, who,by Iiis
own admissionithemid-l980 rs,aprogramme atthe
US NafionaSecuritCouucildesign& todestabiliseand
topplethen@ne of ColonelGadda6, andttiaone of
ihemethodsused inthecampaign was thespreadhiof
ddomution aboutLibya?
How cm seemingiyetanalUnitedNationssanCgws
againL sbyabe ju&7ed? IstbeForeignSecretarsure
thatihCrom Ofnce "'dties" arenotconsmtctedon
thequicksanof CU disinfcmmtion?
Howmuchreliame doestheCm Officeputonthe
so-dled testimonofAbdu Maged Jiactia,whworked
arLuqa hpm, who hs reoeives$4 diion rewardand
a newidentit,nd thebesefitsorheUS federawim
pmtedim programme?Apart from anythingelse, he
seemstohave quamUed withtheone ofthe~ra accused
Libyms overa girl.Thatabut the Ievelof it.1057 Lockerbie
(Mr.TarnDoiveil] Have the Icrown Office andme Sconish police
invesùgatedthepossibilitythat the terroxistçreswnsible
1stheForeig Secretaryawarht afteLockebredl tookadvanta'geof an Amwirsan law enfircemenr
the Dmg Enforcement Agency chefs inEurope wem operatitoshuggle thebombaboard fligh103?
orderedtoWashington,andtold that therwereDEA Do the authoritiesregardLemseivesas
agentsandadrug corneronfhghr103,andttiaalDEA king frenowto closetheireyestoanynew leadsand
officm receiv aecableinformitlal1age thatbey decIin10investigatany poteniid evidencewhich go
countetoth'degarionsaarrat iehe peutioorwhich
wereinno circumstanctotalkto aone hut theDEA appeatowt 1tioubthereon?
peopleonthatplane,iocludiKhalidJdar?
Were dmgs fomd among thedebrisnearLocMie, DO&hc*Ub8 ~U&O&~S dy SStXlthd th SO~
andwere Americariinvolvedinconcedinthediscovery responsibi[orinvestigalianysuchevidencerestçon
ofdmgs? thosenausteàwiththetaçkofrepresenritherelatives
ifandwhenaltd W;esplace?
Hamard recordsincolumn522 on21Decemkr 1988 Endingwichthe relativesix Iongyears!am,hey
tfiaat8.30 p I intervenon the sujeof thecrash. want10know)exactlwhy US personnewere withdnwn
My conceinsaboutLockerbikame acute whena West from flighP03, and exactly whatUS Govemment
Lothian police officer-afriend of mirte and a officiais hewhieh was not made availabo.the
constiaent-obserretomeon newyear'ese,1988 that youngstersgoingta thdeath.
he didnotknow how so manyAmericanscould be on I
sucha gniesomescenmeessingarounwittirhevidence.
Why bastheCrownOffice aot&ed properlytoDr. The ~e&q of State foi Foreiga and
David Fieldhouse,the distinguisiiedBradfordpoliceCommonwealth Affkk (MT. Douglas Hlird):I am
surgeon,especialttocmelatehisMy countwith its grateftu&h/han.Membcrfor Lrnlithgow(W. Ddpll)
count? becausaesiy said,hegave noticto my office of his
lineoquestioninH.egaveme ptenryofhe, buthehas
WiU ttiFmip S~eretarexplainwhy rheGem askedmanyddd questions.Ifthereagapsbetween
authoritiesdidnotjoitheirUS andUR colle8guesin hiqJuestiopd thefullnessofmyamwea. 1hallwrite
indiig the two hians for a crim eommiued on tohm tofi liegaps.1shalcertainlydealwithdie main
Grorniansoilat theRhehMain airpmt,whereby any pointthatheraised
accountîhebombwent onbd?
ISitnatthe thrit,shmtaft heAnglo-Ameri~an 1ihoughTt it wasrightortplroihedebatemyself
fm ihm reaspnsbt, becauseofmyrespectforthehon.
indiciment, beGennanpublicpmenito~, VolkeRatb, Gentlemanaylforhisintegityinthiandothermattas;
was quoted as mîhg rhar theFederalRepubficof secondy,byause of the enormityof the aime at
Gennanyhadktined tojoinIIE Uand UK indicmient Lockerbie a@ the sufferingwhichitcaused and is
on thegrouid,asheputir,"ofjacoi evidence"? causingthirflkame 1wiçh todeaplIainandlay to
lntheinvestighon ofa mime,thepolicein Sçotland restcenaisuspicionsandamwtions whichhave arisen
act,ndmusr aiconthe~tions andiiismctionoftfie nn romncfilfmmthe hm. ~entkman'sspeec ashm
wIm he tiaçspiwsly wtitteinnewspavrs.
puraior -cal ad theCrown Office.HavtheCtown
Ofïieandthepn#.wr fiscgaii thepoliŒdirections The ~os*ie invertigafhnhar brm the mort
orinsrniciionsinvestigaterecentallegaofIraman extensiveverded out intoonecrimein BritaiOn
andS~an involvement thebombingof PanAm flight the bsiç oftbac crimin nvestigaùonand thevas!
103?Again.ifnot,whynot? ammt ofyidence uricoveredmy noble andiearned
ln deeidingwhetherchargssdd be broughtandin fiend theqen ZordAdvceate soughtand was granted
preparina casforaialitjsthe ofthepsemling wmts forpe arrestotwo Uyan ndonalçaccusedof
authmiitiein Scotlaodto considerand investigarehavingami outthebombîng.
I mut *r theUid independencfmm Govemment
evidencewhichtendstexculpatasuspecoranaccused of the invijstigatiof the Lard Advocarein his
aswellasevidencwhichtendstoinerimlnahecsuspecL re~ponsibiliorchid psee.utionsNeithehenorhis
Havethe prosecutinairthorismnpbedMth Cha tuty predeces wourldhavebroctkeanyanempttwinfluence
inthecase of thetwo Libya nuspeetand are tbey
cmentlycomplying? hem in =-*ing theirindependejudgmerit.tirnot
A peution charging rmd individu& with k thejobofhf&tBJ orthe%ign office todecidewho
Lockerbiebombinghavingbeen pend toîh sheriff shoulbe ~rired fora qime. It isnot tjob of
MuristeortheForeignOfficetopronounceopinionsas
ofMes, pmmmbIy an evidencereg- by the torho is /pdty. Theris no phce inthe mattefor
mAdvaeateas-cientatthetimetoJuçtiSrttiatstep, diplodc or politicaiconsidetat,ndwe havenotat
and amst wammb bvhg beengrance do, the anyUme dowd such consideratiosny placein our
vutiag arrthwitiesin Sco~ regard theh acuons 1
inveaiptkg fimctionasking aranend? Neitheth ForeignOffcenoranyagencfy orwhiçhI
Shwld they mot,for example,seek to intmiew am Miblc hrr aftempteù toncer theLockerbie
offici oftseUS embassyinNicosiwhowere therein investigatortoshieidanyindividd orstatwho may
1988 toddne wtiMhey knewof theeventçleading have beenmqmasiblc. rhm isno hiddm pditicd
influenMind the investigati,ndherehaç beenno
up tothe ïdmbie disam? Inpamah, çhorrld they
not seektoin&w the1988CU -on &ef andthe cmrodip 1by zhe Fmeigr~ Ofnce. Al1 rignificpni
DEA cwntry -hé, bah now 'retired fram inharion relevantto Loclrerbiabtainedby the
Govemment service? intelligencagericie-r anyone else, to myknowledgtis invariaMyand as a matterof course Advaare notto give details whatinquirieshave or
provideclui those who are responsible for the haveno1 beencarri oedtbut itisnemssaq tsmake
investigation.isfor theprosecutinauthwitiesand, anexceptiointhiscaseIn the casof Balkouman ind
ultimateiwe hopef ,othe courtnot theGovernment, Ghdadar, Icanconfimiihatrequesweremade forboth
toweighthe evidencesawhen thehou.Gentieman asks men tobeinterviewaithatth- requestswere g~antBd
wbether1am at eas eithth&orwhether i amsatisfied and th& Scoaishpolice onicenwere pmnt at the
withth& tbm arenotquestionforme, Itis notforme interviews,
toweighorpondertheevidenceorto dow hoseundm Thehon. Gentleman&O askedme to acknowiedge
my conml to doso. whatfiedescribdscontrareimmistand evidençe put
Tberehave beenmany&bates onthi s atter,anthe forwardbyvariousindividuaiWe al1I;now tha he=
hon.Gentlemanbasaske mdanyquestions.Mostrecendy, areahost ofaitematitbeorieon,the subjecIt inot
therewas adiscussiointhe ScottisGrad Cornmittee forme. 1repeat,assestsosetheones.Thatiand must
bea matterfortheprosecutmgauthoïitiandthe Lord
on 13 December kt year.My hon. Friend the
Under-SecretarofSiateat thScottisOfficeexplained AdwlcateItis ciettiasuchtheonescanbe basedonly
why noMinistercwld discusthederaiofevidenceinto anan incompletehowkxige and understandinof the
theLockerbie bombg or, indeed,any othercriminai massofevidencethatisavailabletthe LordAdvocate,
case, becauseonce we began todo that, it would whorernai innadoubtthatthechargesagainsthe two
jeopardistheprospecof afaicriminaiüd andrender Libyanacçusearejustifid.
worthlwsthepainakhg work oftheinvestigators. Riatcovers thereliabilityand sigdÏcance oany
Of course-th issneof thehm. Gentleman'smain paniculapiecofevidenceputMore a criminacorn by
concem-the book canneverbe c1d. The Ddes thprosecution, cludisuchmatterJ,owhichthe hon.
andGaliowaycoastabulary usremab,and dw remain, Gentlemanrefd, ashe salof clothininMdta, the
tehony ofEdwinBollierandevidence obtainedfrom
dy toconsideranynewevidençettimat& be relevant
tothecaseLbe iavestigatinemain+IL Ifanyonehas staffaLuqaaup0~ Thosearemat- which,evenidly,
aaynewinformatio hthhe orsheconsiderselevantto we hope,ajury wilconsideronce ihas heardal1the
thecase.he orshe shoddgive ittotheplice wihout evidence.
dela y.indscgneotbecl& to fresehideneeeven if Inow dealwith theAmericandonirp,entwhichwa~
it were topenup new ideaçon who cmied out the mentiod bythe fionMember for Linlithgoand the
hmbing arbacketdhebombe~s. hon.Memk forBanf andBuchan (Mr.Satmmd).Itwas
releaseby theUS Governmentunder the Freedornof
SuTdy Tagior(SouthendE , asCan my righthon. InformationctIt çontainasbothhon.Members have
Etiend say,thereforewho hasbeen m-pnsible for rd, theallegalionatiormerIranianinteriMinistet,
denyhg Mf.Bollierthenght tose. theevidenceabuut Ali AkbarMobtzhemi,paidthe sumof $IO million10
thetiming devices?Jtiça veryimp-t part ofthe havethe kkerbie bwibing &ed out.I nake two
evidenceHehas beend&ed therightto seit,because
he klievesttiahe mdd decidewhetherit wasoldto pointontherepos Thedocument ,sthehon.Gentleman
theLibyamoroihers.Who makeç thakindof decision? saidandasmy nghthon. Frienthe Secretarof State
toldtiim,was avWIe to theCmwn OEce on 24
1çitpolitical,judicimade by thepolice? January,utthedlegationiitcircalatweUbefore tfiat
Mr. Hurd: ftisdnly notpolitid.Itiscertainly asawell-publied mour during theearlstagesofthe
investigati.r appd in The SirndayTimes inthe
no%madebyme m any ohm Ministerkt me inquire secondbalof 1989Itappeare am in abk byDavid
intothaaspectofthecaseIhailwrittomyhon. Friend. Lepparci,"Ol'le TsallofTemf', publishuitW1.
Ztiscer&rinlacitme who would have take nnysuçh Asanyone who followthecaseknowsdnly the
decisionorcouldhavedone so.
The Lard Advocate-thisison a pointhatthe hon. two hon,Mm$m dduring the dy stagesofthe
Member forL,infithgoraid-iw aiwaykn atpains investigatithe possibiiity tPalestiniaextremist
tomake it cleathaiheisnotin apositiotoexonerate pups mightberesponsibwas exteaçivelinyvestigated.
0th nationsortheirnationaHe simpiyhas notseen, aswere reportofIrania involvementNo dible
inhisjudgment,dble evidencto implicahem. evidenee-the asment ofthprosecutiaauttionties-
hasbeenfoundto submtizte eiththeory.
W. Aiex Salmod (Banffmd Buchan):The Foreign The documentis not,asiç sometimesmade out.a
Secrerarybasseen the repliestomeinHonsardtoday statemenoftheviewsoftheAmerican autboriue.t ia
from theSecretarof StatforScothd, which,briefly. reponof the viewof an Amerim intelligenagency
say that thCmwn auhoriues were not awareof the source-in faetan Lanian defecm. He or she was
existenceotheUS airia&gence reportntil23 January repobg secondor W-hd information.he source
was untriedad its reliiIipcould mt have been
ths year.The repliedhmt therepn and saythatit
basno =levance tttheinqujr.Iaska simplequestion: assessedDunng îhe investigatlitedy thawds of
given thatthe Cm mbrities were CO-opming so pieceof rawintelligence.ofcwtdictwy, were seen.
closelwit he Americanauthoriues, hwm theynot Whenthe documen t nquestionwasassessedas aUS
awm of the existenceofthareport?Can theForeign Goverment spokesmanmade dear kt week, itwas
Secmay offer aexpianation? disCard4asa "dud".
Tkehon.Genîlemaraiskedanumberof question*ut
MT.Hurd: E shallcorntothatrepoRinaminute. theUS Dmg EnforcemenAt ominrsPaaonI am ~~sured
Thehon.Memk for Liditbgowasked n number of that no DEA chiefsin Europe were redled to
detailedquestioncanmply tosomeofthem. He spoke Washingtonin the wakeof theLwkerbiedisaster.,4s
oftheMestiniantdsû who weremted inGmany regardstheailegationthawasnmning ananti-nareoucs
operation. hichwentwmg, acopy ofthefilmby Mr.
in Oetober 1988.Itis the policyof the tord the High CO& inEdinburgti-ar a sirmlarcoun
elsewhere+r does theForergn Secretarygenuinely
Allm Francovitch.which contathusedlegationhas beiievethatheywillnevebe bmughttotrial?
beensent-1 thhkby thehon.Gentlemo theCmwn I
Officeîhe maner was consideredbytheUS Houseof Mr. Hnrd:I do noknowthe answerto thaquestion,
RqmsentativesCornmitteeon Gov~nt Wtions,
Govemment Wdon Justice and Agriculture but1 believthaitisourjobtodo ourummt uiensure
thattheydoc&e to mal. Theyareoutsideourreachat
SubCommiüee inDecember 1990.1am amug~ngfor a prosexiweareIrnak eiergeffontabringhem wiüiin
eopy of ihe siaremento that subcommitteeby the thereachofthec~un but mattefarenotenmgituynder
assistanadmrnistmm orthe DEA tobe placedinthe am conrioi.1
LibraryoftheHouse.
Lhe hm. Gentlemantalke adout thediscoveryof Wc andthe~maiwn andFre.nch Governmen&-ahc
hgs. Ithin kaitbetord Advocatewrote:thimon3 French are .cwently concernedwith anothfemrist
July1992,sayingthat thonlydiswveryofhg$ atthe crime-have hone to unpreFedentedlengthsto pur
Lwlrerbiesiteas adl quaatirofcannabis. diplornatpredsurenLibyatosurrendettiteroLibyan
The hm. Gendeman asked about W. David ci<iECnsO 4 dsged tohavecnnd out hebombing,
FieidiiauseMy understandiniç thathe has been and tosatisftfroquiremenrofFrenc jMte ovcrthe
interviewedsevertimesbytheSeomsh policandthat bombingof flightUTATM inSeptemkr 1989.
he gaveatthefaraaccideninquiry. I
nie hm. Gentleman asked me ta exph why the Sir David&l (TwedMe, Eürickand Laiiderdaie):
Gennan ainhwitiahave not indictethetwo Libyan Why do the BritishandFrenc Ghovemments settheir
accused .hat cleariis a maater fordie &man facesso detedindy againsttheideaoflryingthenvo
psecuting judid authoritiesIisnotsomethintha1t individuainkomeather ph, çuchasTheHague. in
can commen t nexcepttomaketheobious poinGiven theabsenceof ainternatiocriminacm?
thatthebutkofthevidenceisiothhaodsofhe Scotash
andAmerican authwitieitseems cleatr usbat the Mr. Hurd kre areseveraimwen to&ai.Rimary
PialshouIdtakeplacein oneotùcrsteocornes. The iegisiatwou~dixqrequrrinthiçcounuy.Iam notsure
Getman Govemmena tgree,adoestheSecinirCouncil.
Incidentally,I undematha hewmmeats tb the ofthegroimdosnwhicha MinistewouldteltheHouse,
hm. Memk for Linlithgo&hred Cothe German 'The inments ofjusticinScotlanareinadeqrxafor
thipirrposebuthatwouldhavetobethewe. Nor.after
sate prosecutr ermisquotedT.bestatproseatmwas dl Ln has1oad, cd an conseivabfl eyl
refaringna to thecasebroughbf ytheLordAdvocate confident-whateverassmcrsweregiveniaadvance-
and theAnmicm authÎtkqbut tothe quedon of üutthe Liby+ wodd hind *verthmc o~ncemed toa
puxdbgs inGermanb yase dntheendenceMd tùere. cm We woddgo iotheinfinitermubofconsmting
TheGerman st&epmemtoris notfdar withtheMI suchaECWL,ithefaceofdifficultyacoritrover,hen
detaiof thprosecutioesse.
Letme dealwithapoinîofprinciptha Iconsideto therecdd be lo-tee thathosewncerned would
k at the heaofthehm. Meds temarisZ.cm sppm i~ We hm consid& chc question,
coafinnttiI mattheprosedng authdies wouldde bceYubu 9 righhm Member fo rweeddaieE, Emk
anyevidencethatwded toexcul* theaccrisjustas andLaderdale(SiD.Steel)iawam-pqle haveurged
smiously as any htrthe evideace thattended to usingoodfiil rtakswh aunuw; but1do notthinIbn
iac' ' ' hem, Tbe hw. Gendema naidthattatwas iisatenableanswer.
theauthmiues'uty,andWy seeitastheiduty. I
Slasiiom kere hpo~cd mi ~ibya by the Secmiw
The hm. GentlemsatalkeaboutAmaicm personnel Coumil becstuseof Libya'srefusato comply with
king rvittdmwnhm ftigb1M. 1understandt one roroiuti731i. edonotbelievbatthcyrhouidorcould
Mcan Gavernmen emp10ye e howas booke dnthe be li untilLibyafiaewnpliedin fulwih Security
fIightmissetbeeauseof~EIC congestioatFmkhrC Cninçiiirrol@m. kt mc expiainth~r pim, to
butit istmthatafuther23,&y, werevictimsofrhe cleaaway9ny misunderstandofwhat iinvolvedonthe
disater.
ktmerem tothecenaalquestioofwhm wwestand partofthe Gov~nt. inplpsuing&e sanctions
now. 'J3hon.Memm aske hm theUniteNation anbîaicüsthview k) 1Ive jusetxpresse, ehaveno
~~flctio+t Libyadd k jristifW.e havaskd hi* ag+ we uc notinvolvcdinany vindiclive
ourselve#y hm besttom. p-g campaign a@mt eithedieLiban people m their
work oftheSm& poiicandtheCrom Ofke $asled Govenuneut~.ovidedthat~ibyshowsbyconcretrneans
to chqes beinghght awst two Libyanindividuah; lht shhasdnouncedailsuppoafo erïori~mwehaveno
'ae çaseagaha than stands.Iisaot cas emfmctd der& forsa(ctionO remaininforc my knigerthanis
byme, orbytheForeignOffi~eand iowes nothintog necesary.O? ùic~011~-1 am not surewhetherthe
diplomatiorpoliticaleonsiddm. Itwasprittogeiher Home hwç tfiis-in aattempt testablisrhatthe
aftetbe mostmassivemvestigationevtotak elacin mnunciaianof termism isrealw,ehave engagedin a
sespecof anyabne inBrib, ad sustainabltheLord nmber of meetingsar official levewith Libym
Adve inthewarrantsihate isd. h hisudgment. represenoui tvodsiwurstheirpart linksaiththe
thecasestands. Provisional . AlihoughlhosdiscussionshavenoIed
to fuiiywisfaesoryconciusitbeareevidenceofour
Dr. Nonman A. Godman CGreenockand Port effomtoshhw thatLibyanassurancesnihismatteare
Glasgow):IçittheGovernment'sviewtharoneday the
pqmators ofthisterriblemassmdr willstanaial in1063 Lockrbie 1FEBRUARY 1993 LoçKer~ie 1O& l
detaithat1havenot pickedupfrorthenon. Gentleman,
OncetheLibyanGovernment havemged forthetw6
Lockerbiesuspecttoappearfor mal iSçodand or the but1hope thaI have managetadealwiththegravamen
UnitedStaieandhavesahsfied Frenchjustice ovttte of hicase.
UTA bombmg, we stand rdy m see thesanctions Some peopleare womed thattherehas ken poliucal
suspendedunmediately. nceLibya hascomphed wih interfance inthice. Tbe hon. Gendeman has been
the ntherrequirementtheSeciaityCounçilresolutions,onîedthattheCrownOfficemaynot betakingaccount
we expectthesanctioto befiftewithout&lay.niose of allthe evidence and dl the informatiothat is
who argueharsanctionsshouldbeliftanow woirlddo avaihble.1 hop thatI bave ddt from rny own
betteto helpustopemiade theLibyanGove~nt to knowledgewith the firptintand,hm theknowledge
comply with the SecuritÇauncilresolationswithout thathasbeenmade avaiiabltome, 1hopethat Ihave
furtherdei.y dealwith thesecond.1th& theHouse.
The hon. Memkr for Liniitbgow gskedwhether Z Mr.Dalyell:The Fmign Secretarrefersrporntçof
enrertaineanyserioushope abouttheoutcme. Thm detail.Thtroublis thitisnotadetailthToni Gauci,
haveben timesover rtiepascwoyears when,on the theowner of thisclothishop inMaita,on whomthe
basisoftheinformafinhat1had,1thoughtthatwe were whole caserests, ianexceedinglyunrelia hieness.
quitecioseto thepossibilitythatheLibyançwould SinceScotsMPs cannorgetat thLord Advocate, 1 do
comply Hichthe resoluticinanthatîhe twoaccused notknow what more we cm do.The fact remns thar
wouldcwie forwardEbavetakengrea trwbletoexplain whattheForeignSecretarysayaredelailbroughtupby
Mr. Francovitcand othersarabsolutelcruciatoany
to variouinremiedkitshow Scotrislawhctions: I kindof respeçtablcase,andrespecta case there1s
have kn Wy briefed on that-ri theçafeguardthe none .lnremptian. ]
Iegalprecautionthe ri&& ofqrcsdiïo and the
natureof evihnee reqd We havereptedly giuen The professor ofScotslaw al the uaiversityof
thme as- w the hians. AEthougb 1 have Edinburghhas publiclysaidnoronlthatdm he think
sometime sdt lhatweairclosetoth paibilitihat1 ht ajurywouid notcanvicbutthatajudgeInScohd
havedeçcnki, wehaveneveraenial w ayd thapiut; mightwell throwthecaseout othegrouadthatttiereis
~therehaveheenn~usSidepropsalswtiicti1 no case toanswer.ïhat is thesituatithatwe have
fearwm designed aimpiytoplq dday and throw reache Id.o notthintkatsenioCabinetMinisterscan
dustintheeyesofalcEoncertied. passeverythinto-theLordAdvocateinçucha case.
Nevaîheh, 1do notthhk thatweSb& deJpai 1r. Dr.Godman: Or worse,passitoWashington.
shauIdb reiwtanb-as, 1am me, the LcadAdvocate Mr. DalyeIt:Nor,asmy hon. Friendsays,cm they
wod to say'We givep." 1qat, however, passittoWashington.
tha thi Jsaotapoliticalordipidc exercisoenour Ithan he EareigSemtsuy forhiscourtesybutina
paa:tkcrimecummittedwaçuniqueinthehlsrotyof sens e hegravanieof the casIianot beenresponded
10.1beg theGouernmen togo totheLordAdvocate and
crimela thiscom!ry, aad our conceris tbajtstice askhimwhether heis atease-
shdd b dom. We shaü wnh~ to pm~ that
objectiveand thefm I~~~~MIS orcornphdons It being hnrf-pnrtTwo o'clocthe motionfor the
areintrodueedintdut simple storytheküm wiflbe Aoj6urnmentof rk House lapsed,pursuam to order
OIEchancesofsucees Thereaiay be swreph of /19December].Annex 81 General Asseably
Porky-ninth seeaion
Agenda item 142
REsûLOTIC?i!ADOPTED BY THE ASSEWBLY
[onth report of the Shtb Comnîttee (A/49/743)]
49/60. Bkaaures to elhinate international
terrotkm
The General ~eaemblv,
Reeallinq its reeolution 46/51 of 9 DeceiPber 1991 and ite decision
48/411 of 9 Decmbr 1993,
Takha note of the ~eportof tbe --rd,
Havina eonaidsw in cEepth the question of --a to elimfnate
internat ionalterruri-,
Gunvheed that the adoptionof the âeelaratllon on maeurss to eliminate
internationalterrorim sbwld centribute to the enhmcement of the struggle
againmt international t-riaai,
1. Amtovea the melaration on Heamres to Elbinate International
Terrorism, the text of which ia annexeci to the present reeolution;
2. fnvites the secveral to informal1 States, the Security
Couneil, the International court of Justice and the relevantepecialieed
agenciee, organisation8 and organisms of the adoptkon of the Deelaration:
becmes 3.generallgs bown snd ke ef&set& ba mund -1-tedder thatin full;claration
4. Unies Statee, in a~rdance with the proviaionsof the
Declaratien, +O take al1 apptoprbte at the national and
international leveleto elhinate terrorisait A/RgS/49/60
Page 2
S. Invite6 the Secretary+eneraï to fo~d up closely the
implementationof the presgnt reeolutionand the dclaration, and to aubmit to
the General AsLesribly at ite fittieth sassiona repdrt therwn, relating, Ln
particular,to the mocblities of Fmplementation of paragraph 10 of the
üeelaration;
6. Decides ta include in the proviaional Agenda of ita fiftieth
seseion the item eatitled "Meaaureeto elhinate inFernational terrorism", in
order to examine the report of the Seeretaryi3eneraL regw?stsd in paragraph 5
above, withwt prejudiceto the anaual or biennial Ionsiderationof the item,
Declar t'on on to Elhinate International Xerrorism
I
The General ?maemblv,
l
-id& by the purposes and principlee of the bharter of the United
Mat ions,
-callins the Dmclaration on Priosiples of 1qernati-1 Law oaieerning
Friendly Relatioa8 and -atiUn among States in aecordanee with the Charter
of the üniteâ Iatione, 2/ me Declaratiun on the ~dengthenia~ of
InternationalSecurity, -/ the Definition of Aggressian, A/ the Declaration on
the Bnhancement of the Effectiveneas of the priacipie of Refrainingfrom the
Threat or Use of Force in Intemational RelatEona,5/ the Viema Declatation
the International A-tion, adon Econmfc,he Social CandeFltural RightaRaghtand the
InternatFonal Cooenaat on Civil aad Political Righti, Z/
=lv disturheâ by the woeld-ridepereistencb of acte of international
terroriem fn ail Fts forma and manifestations, ineludiaq those Ln whieh States
are direely or MFrectly fnvolved, whieh endanger [ortake innocent livea,
have a deleteriouoeffect on international relations and may jeopardize the
eemrity of Statem,
14-25 éJune 1993or(k/COlW1157/24(Partferef)), chap.umm hiahte, Viema,
II1* l A/RES/49/60
Page 3
of terrorism basaemon intolerancecroreextremiwn, regione of the world, of acts
Coneerned at the growing and dangeroua linke -men terrotimt groups
and drug traffickera and theh pritamilitarygamgi, which have reeorted to al1
type of violence, thus endangering the eonatitutional ordw of Statea and
violating basic human right~,
Conoineed of the desirability for cloeercoordination anâ cooperation
amng States in combat- crime8 cloeely connected witb terroriem, including
hg trafficking, unlawful arma trade, money launderingand smuggling of
nuclear and other ptentially deadly materiale, and baring in mind the role
that could be played by bath the UnitedMations and regional otganizations in
tnrg respecti
- to elhinate internationalterrism in al1 its fa-
and maaifestatims,
that the suppreaeion of acts of internationalterrorism,
ineluding those in ainichStates acre directlyor Fadirectlg inwrlved,ia an
eanexrtial elemenefor the maintenanceof international Face and eecurity,
ConvFaced further tbet thoee respon8Fble for acts of international
terroriemmunt be brought to justice,
emperation_eskttween sta+et~in orderto take andr 8adopt prackiealnaandneffective
masures to -nt, et and eliminate al1 forms of terrorism that affect
the hternational -nity ae a whole,
Con~eîws of the important rolethat might be playedby the United
mations, the rmlewant speclalieedageneieeanB States in fosterfng widespread
eaopration in preveatinqand Eombating hternationaltarrmisi~, inter alia,
by inereaeing public awareneasof the ptoblfm,
Recal the existinginternational treatiea relathg ta various
et8 of *Problr of internationatl erroria, inter Ua* the onreation
on Offences snd Oertafo aber Acts aommitted on Board Airc~"aft,signed at
Seizurenof14Biretaft,esigned at The Hagaeion 16 Decehe Su1970,~PJith@ Unlawful
Conventfon for tbe Suppreeeioa of Unlawful Acta agahst the Safety of Civil
Aviation, coneluded at Eiontrealma 23 Beptember 1971, lQ/ the Convention on
the Prevention and Punislimentof Crimes againat Intemationally Protected
Perme, includingDiplomatie?qente, gdopted in Hew York on
14 Deeanbr 1973, the International Conventionagaiaat the Tgking of
8J Unated Mations, Treatv Series, vol. 704, Ho, 10106.
IJ Ibid., -1, 860, Ho, 12325.
10/ Xbid., vol. 974, Ho. 14118.
u/ Ibid. vol. 1035, Ho. 15430. A/RES/49/60
Page 4
Elomtages, adoptaciin York on If TPecambr 1979. W ther Convention on
th8Phyeical ~rotection of ~uclear ~aaterial, admpded at ~~enaa on s -ch 1980,
Serving InternationalCivilaviation,wiofsupplsnisataryatootheiaamvention ~iforrthe
Suppresmion of Unlawful Actg agaht the Safety of Civil Aviation,signed at
nontreal on 24 Febrc1a.q 3308. ly +bs -th /forth. Suppression of
Unlawful Act6 againak the Safety of Hait- Ravigatioa, âone at Raare on
10 -ch 1988, =/ the Protocol for the su~preesi!oa of Unlawful Acte against
the Safety of PExed Platforna10eateBon th ContIlmmtal Shelf , done at Rome
on 10 -eh 2980, # and the Conventionon the Murking af Plastic Explosives
for the Pu-# of Detection, dune at Wntreal on 1 Murch 1991, =/
wel-inq the conclueim of ~egim a+nts amâ mutualïy agreed
declarations to combat and elhinate terrorietm in al1 Lte forms and
manifestat ions,
t&nviacad of the âeeirability of keaping uohr reviewthe scope of
ait8manifestatimna,nawfthethepraimsof ma~nïriagmaa-@ivemrism in legal framewrkms
for the prevention and elhination of terroriem,
Solemnlv declares the following:
1
1. Tbe States Mmbze of the United Nations eol~maly reaffirm their
unequiv;ocalcoaâemmtâon of al1 a&=, nietho8i mâ (practfces of terrorism,ao
crimfnalanü unjustifiable, wherever and by whaaiever utted, including
those whieb jeopardiee the friendly relation0 amdg States rurd people8 aad
1 threaten the territotiaî integrfty and securîty O? States;
l
2. AC+B, methmïi aad practicae af teism conetitutea grave
1 violation of the purpaees and priacipl86of the ~hed latiwis, arhichmay poae
a threat ta inteinational mace and eecurfty, j-iza friendlyrelations
humang tighte, fundamental%mfteedgPs anü the deinw>etaeic basesofdsaociety; of
3. criminaï acta intenàeù or calniluteû to provo- a mtatte of terror
in the generalpublic, a grmp of parsaas or parkiliar persunefar political
purposes are in any circumataace unjustfflable, whpt- the ewsiderationa of
a political, philosophical,~lmgioal, racial0ethnie,religiouaor any
&ber nature that may be invsmd to jurttifgtham;
L3/ International Ataaic Energy Ageacy* doCrimeat 110PCIRC/225; to be
publishedin United Nations, zxeatv Se~ies, vol. 1456, No. 24631.
International Cfvil Aviation Organieatbn, âucumat DOC 9518,
1Q/ I
International WPtime Oqanizatimn, docliaint SüA/COnP/l5jRev,l, AJRES/49/60
Page 5
the United Mationsa, andiother relevantmles aof internat&onallaw,he Cmueterrefrain
from organizing, inetigathg, aesiet3.q or participatiq in terroristaets fn
territoriee of other States, or frm acquieecingin or encouraging activities
within their territorie~ directet3 towarde the romnieeionof sueh acte;
5. Statea met also fulfil air Obligationeunderthe Charter of the
United Nations and other provieFonsof international law with rospct ta
combathg international terrorism and are utged to take effective sad resolute
meaaureain accordancewith the relevant provisions 05 international law and
international standards of human right~ for tb apeedy and final elhination
of international terrorism,in partieulax:
(a) To refrainfrom orgaaieing,inetigathg, facilitating,financimg,
encouragingor tolerating terrorket activitiee and to taka appropriate
practical meaaures to enaure that air reeeee+ive territorbe are not used
for termrist Fnstallatfons or ttaining camps, or for the pfeparationor
organization of terrori~t acti kitended to Ise&ttd again* other States
or their eitieens;
To ensure the appreheuaion and proaecutionor extraditionof
perpetratori of terroriit acte, .in accorâameewith the relevantproviaionsof
theirnational law;
tg) Ta endaavourta conclude speeialagreement8to tbt effect on a
bilateral,regional and multilateral&ois, and to pmpare, to that effect,
mode1 agreement8on aooperation;
(b) TQ cooperate with one anotherin e*chnngFng relwant înfotmation
eoneemhg the preventlon and combatiag of terrwlaai;
(3) To take promptly al1 mteps necessaq to iiaplemsrit thexisting
internationalconwentionson ais Bubject to whichthey sre parties, including
the harmonisation of tbfr damesticleglalatiosi with thoae ewwentioas;
(f) To take agproprlate meaaures, before granting asylu, for the
purpose of ensurhg that the asylirm tieeker bas aot engagedin terrorist
activitiea and, after granting asylum* for the -813 of easuthg tbat the
refugee gtatus is not ueed in a mannes contrary to the prwisiona set out in
suaPatastapa Ca1 -;
6. In orrder to cembatéffectivelythe inereaBe Fa, and the ping
Lnternational eharacter and effeets of, aeta of terrorisai, Statea ahould
enhance their eooperatian Ln +ais area +hrwgh, in parkicular, sygtwmt:Fzing
the exchange of information owcerniag the prevention Md -khg of
terrorim, ae well as by effectivehplementatian of th rel8varut:
international conventions and eoaclvsion of mutual judieialassistanceand
extradition agreementson a bilateral, reghaal and aailtilateral basia;
7. fnthis mante, States areeacwraged toreviewwgaatly the
ecope of the ezsi8ti.q international legal ~~opieiona on the prw=ntfon,
represaion anâ elimination of terrorim in al1 ita forma snd nsanifestatione,
with the aim of ensuring that there ia a e-ehe~~~ive legal ftmtk
cove+ing al1 aspects of the matter;A/RgS/49/60
Page 6
8. Ruthemore Stato~ thPt have IM done 80 are urged to
cormider, as a matter of priority, beWg paqies to the international
conventions and prutoeols relating to various aFs of international
termriem referred to in the preambleto the prIsentDeelaration;
9. The United Nation8, the relevant a+cialired agenciee and
intergovermental organizations and other relevvt bodies mue make every
effozt with a view te promothg measurea to combat and eliminate acts of
terrorismand to sfrengthening their role Fn thIl field;
10. The Wcretiy-<Hnseal ehoulda~sist 1in the implementationof the
present Declaration by taking, within exieting resoutees,the followfng
pract bal meaeures +O enhance international coupration:
I
(a) A collectionof data on the status&d implementationof existing
multilateral, regional and bilateralvnti Irelating to international
tertoriem, inelvdingFafonnation on hicidents caused by international
terrorfsm and er-1 prosecutions anci sentenc+g, basad on information
micetiveclf~m the de!psitariea of thoae agreements and from Memkr States;
I
(d) fic-ndim of national Lam uid r+latione regard* the
gmmention and auppreseionof iuternational terrprim in al1 its forms and
maaifestatione, baaed on infoxmation reeeivedfrmn Member States;
l
(g} An analy-tical reoiew of existhg rntktional legal inetrument8
relatiaq to internationalterroriem,in orâer toi assi& States in identifying
aapecte of thie matter that have not ken coveryî by sueh instruments and
cmld be addreseedto develop further a e sive legal frmmork of
conventions deaîing with international tes
l
( A revh of existingpoislbilitiea w+thFn the United Natkonm
sygtem for aaaietFag Statea In organirfnq utatkshv and trainingcoureenon
combating crus co~ected with international teyrofimm;
Il. ni1 Stat.8 M urg& +O p-te and blement in good Caith ad
effectively the provisions of the preseat Beclarationia al1 its aspectel
l
12. Emphasis is placeü on the need to &sue efforts aim;ng at
eliminathg defhitively all acts of terrorism ~ the strengtheningof
intemational cooperation an8 progressive developmentof international law and
its codification,as well as by enhancement of c~zdination between, and
increase of the efficieneyof, the United Nationaand the relevant speeialieed
agenciee, organizatlons and bodies.UNITED
NATIONS
Security Council
Distr .
GENERAL
S/1995/226
27 March 1995
ENGLIÇH
ORIGIHAL: ARABIG
UTTER DATEI) 27 1995 EXûM THE PERMANENT REPRESENTATIVE
OF THE LIBYAN ARAB J-IRIYA TO TEIE UNITED NATIONS ADDRESSE33
TO THE ÇECRETARY-GENERAL
1 have the honour to transmit to you herewitha note entitled "Security
Council sesolution 731 (19921 and the latest developments in the Lockexhie
question".
I should be grateful if you woufd have this letter and its aanex cireulated
as a document of the Security Council.
ISisned) mhmed A. AZW
PermanentRepresentative S/i995/226
English
Page 2
SBC'üRTTY COUNCIL RBSOLVTTON 731 (1992) AND THE
LATJ3ST DEVELOPMENTS IN THE LUCKTIE QUESTION
13 February 1995
1. Secwity Council resolution 731 (1992) was baded on the indictmentç in
connection with the bombing of Pan Am flight 103 t&t were handed dom on
14 November 1991 by the lord Advoeate (artorney-genkrallof Scotland and by a
grand jury at the United States District Court for the District of Columbia.
The decision ta indict was based on the informationgathered by the two
eountries over a three-year pexiod and, as a result, tiheybrought charges
against tuo Libyan nationals. The resolutionin qukstiun was also based on
French deman& relating to the bombing of ïlTAflight 772, demands made by the
mited Kingdom and the United States and joint demands made by al1 three
Govarnm~nts after the indictmentewere handed dm. (See documents S/23306,
S/23307, S/23308, S/23309 and S/233i7.1 In connectfon witb the Pan Am inciüent,
the British and Americangovernments declared (5/23308) that the Libyan
Government must :
" (a) Surrender for trial al1 those chargad with the crime and accept
respcnisibility for the actions of Libyan offlcials;
A(b) Disclose al1 it knows of this crime, ineludingthe names of al1 those
responsible, and allow full aeeesç to al1 widsseç, documents and other
material evidence, hcluding al1 the remahhg timers;
" (elPay appropriate c~ation ."
1
They then joined the French Governent in making an 1additional demand, namely
that Libya must ncommit itself concretely and definitivelyto cease al1 forms of
terrorist action and al1 assistanceto eerroristgr&upsn l and that it "must
pramptly, by concrete actions, prove its renunciatim of terrorisrnn (S/23309).
2. mder pressure from the three Governments,the Security Council then
adopted fts resolution 748 (19321, into whieh the question of terrorism on a
wide çealo had ben forcibly injected. In violatiorl of -y of the provisions
of the Charter of the United Nations, the Couneiltdereby iqosed an aerial,
diplomatie and military embargoon Liby denpite thé faet that the matter at
issue was in essence a legal dispute governed by 4 1971 Hmitreal Convention
for the Suppressionof tfnlawful Acts against Civil liation. The Courieil
subsequently adopted its resolution 883 (1993) by which the sanctions were made
more stringent.
These sanctions have done great harm to our pe&le 'inal1 aspects of life,
and the Libyan Arab Jawhiriya has submitted to the senirity Couucil the
fallowing documents shuwing the damage inflicted and the obstacles impoaed an
the various secton by the sanctions as rell as theladverseimpact they hava had
cm neighhurhg eountries: SJ23855, S/23915, S/23954, 5/24004, S/24072, Ç/1995/226
English
Page 3
~/24186, ~/24334, ~/243~1, ~124427, S/24428, S/24448, 5/24463, S/24530, S/24629,
S/21961/~dd. l, S/25559, Ç/25990, S/26139, ~/26654 and S/1994/921.
3. Despite the extraordinary demands made by the British and Ameriean
Go-~e~?irnentand the fact that those demands were patently contraryto the
prcviçions of international law and of the internationai human rightç
instruments, and in particular to article 14, paragraph 2, of the International
Covenant on Civil and PoliticalRights, the Libyan Alcab Jamahiriya neverthelesç
cornplied in full with Security Council resolution 731 (1992) and spared no
effort to seek a possible solutionin keeping with the provisionsof the law.
The izitiatives taken by Libya can be summed up as follows:
(al On reeeipt of the twa indietments, it exerciseà its jurisdietionunder
the 1971 Montreal Convention and appohted an investigathg magistrate.
However, the United States and BritishGovernmenta refused to cooperatewith the
Liby= authorities, with the result that measures to bring the accused to trial
failed because of their Iritransigence. (See documents S/23416, ~/23417, S/23441
and 5/23574.)
(b) It proposed that the question should be referred to the International
Court of Justice with a view to aseertainingwhether the charges made againçt
the Libyan suspects Fre well grounded, and kt proposed that the two might be
handed over to the office of the Zlhited Nations I)evelopme~t Programme in Tripoli
for questioniug. Ib further propoaed that the Secretary-Generalof the United
Nations should undertake to forn a legal committee made up of judges of attested
~mpartiality and fairness to inmire into the facts,ascertain whether the
charges made against the two suspectswere well founded and eonduct a full
investigation, statlng that should it become evident to the Secretary-General
that the charges wese well foupded, the Jatlaahiriya muid not oppose the hand-
over of the two suspects, under his persona1 supernision, to a thirâ party, on
the understanding that they should not again be handed mer. ISee domment
S/2;672, annex 1.1
(cl The Libyan Arab Jamhiriya approached the International Court of
Justice unilaterally in order to present it~ viewpoint.
(dl The matter was referred to the Basic People'sCongresses at their
second session for 1992. They expreased the view that there could be no
objection to an investigationand trial arrangea tbrough the CorrIaitteeof Seven
of the League of Arab States or tkough the Wted Nations before a just and
fair tribunal to be agreed upon. On that basis, the Li* Arab Jamabiriya
declared that it was ready tu begin negotiaticins with the coimtries eoncerned,
under the auspices of the Seeretary-Generalof the United Mations, on the
conduct of the trial in a neutral country to which noae of the parties to the
dispute objected and where al1 the guarantees neceisary ta bringing the truth to
light could be provided. (Seedocuments S/23910, 6/24204, 5/24961 and S/26313.1
(el The Libyan Arab Jamabiriya and the attorneysfor the suspects
submitted a number of questionsto the Seeretary-General of the United Mations
for forwarding to the three countrieseoneernedanâ to the membersof the
Çecurity Counçil. (See documents 8/26500 and 5/26523,) Pollowîngreceipt of
ariswers to the questions, the Secretary-General was natified tbat the guaranteesprovided by him were suffieient and acceptable and bat the Libyan Ar&
Jamahiriya, as a Stace, not only had no objection tb the suspects going to trial
but was urging them to do so. However, the defence team for the two, made up of
legal advisers of differeat nationalitiesand including Britons and Amerieans,
was deeply concerned by the effect pre-trial publie*ty in the United States and
Seotland might have in prejudicing prospective jurorç, by the absence of the
customary extradition procedures and by the refusa1 of the prosecuting
authorities to disclose the evidence to be used in the trial. The defence was
of the view that this refusal would greatly limit iLs ability to prepare =ts
case in the proper nianner. (See documents 5/26500, S/SS523 and S/26629.)
4. In paralle1 with the efforts and initiatives ukdertaken by the Libyan Arab
Jamahiriya w=th a view tQ arriving at a solution in keeping wirh the provisions
cf international law, the Couneil of the League of Arab States adopted a
resoiution on 27 March 1994 in which it endorsed thleproposai of the secretary-
General of the League that the two suspects should tried by Scottish judges
under Scots law at the seat of the IntematioaaL Court of Justice at The Hague
and urged the Security Couneil ta take aeeount of this new and constructive
proposal in çeeking a peaceful settlement so as ta brevent any eçcalation of the
situation that might exacerbatetension in the regibn. (See document
5/1994/373.)
5. The three Gcvernmentsdid not accord the endeavours ad initiatives
undertaken by the Jamahieiya and the LBagUe the attbtion they deserved. They
turned a deaf ear to the views expressed by the Ar+ mghreb mion, the wague
of Arab States, the Organizationof AfrieanUnity, t;he Organizati~nof the
lslamic Conferenceand the Movement of Non-AlignedCountrieç, and they
rnainrained their intransigentposition of insîsting on their unlawful demands
and especially on the need for the suspectsto appearbefore Amerlean and
çeottioh courts. Consequentïy, the SecurityCouneil was hurriedly pressed into
taking action under Chaptar VI1 of the Charter, instead of applying the
provisions of Cbapter VI, and into impçrsinq harsh sLctions that are in rro way
appropriate to this dispute.
s . ~he three Oovernnients have maintained their inbransigent attitude despite
the developments revealed in the news media, the -te held in the British
House of CornmOtSS OP1 February 1995 and the statemepts made by the spokesman for
the families cf the British "Pan Am Victimsn. These developments have revealed
serious flaws and sbortcomingsin the investigationof the true reasonç for the
crash of Pan Am flight 103, and they have highlighted the uncertainty
surrounding a number of occurrencesand the faet that'many questions remain to
be answered. The families of the British Pan Am viktirns have serious nlsgivinigs
pboVt the inquiriescarried out by the British.aatIrities and therefore about
Wir outeome. These doubts are revealed in the petition presented to the
guropean Par1ia-t on 19 January 1995 by Dr. Jim siwyes, spokasmanfor zhe
vietimsl families, which States that the families Ive ken pressing for a
reopening of the investigation, that neither Prime Minister Thatcher nor frer
successorMajor -ld agree to a meet* with &em @ that they think thar the
investigationscarriedout failed to uncover the truth.
The investigatingauthoritiesin hth the United KFngdom and the Ihited
States base their indictmentson an aecou~t to the effect that "On
l S/1995/226
mglish
Page 5
21 December 1988 at Luqa Airport, [Malta, the two suspectsl dkd place or cause
to be placed on board an aircraft af Air Malta, flighr KM-180 to Frankfurt ...,
the suitcase or a similar suitcase ..., having tagged or caused such suitcase ts
be tagged so as to be earsied by aircraft £rom Frankfurt ... via Landon,
Heathrow Airport, to New York, John F. Kennedy Airport" (S/23307}. However, a
Federal Bureau of Investigation document rnentioned by the newspaper
The Independent in Its issue for 20 January 1995 gives a completely different
story according to which the suitcase was placed on board the aircraft in
Frankfurt. The FBI document indicates that there is no documented proof that
the suitcase was on board the Air Malta aircraft, and it also points to parties
other than Libya as being behind the Pan Am bombing.
A recently disclosed United States Air Force Intelligence document tells
another and more àetailedstory of who was behind the bomt3i~g of Pan Am
flight 103, and an article in The Sundav Telesrawh of 29 January 1995 referç to
other parties that may be behind the burnbing.
An articlein the 5 Febxuary 1395 issue of the same newspaper revealç a
discrepancy, in that the coroner issued death certificates for 59 decedents at
Lockerbie whlle there were only 58 bodies. The article attributes the
dkscrepâncy to the belief that one body was removed £rom the crash site when a
team of Americaa agents came to Lockérbie and tampered with the eviderice in an
attempt to Ealsify the causes of the disaster. The coroner was later çiirprised
to learn that the Seottishpolice had partidars of only 5s bodies.
The statements made by some officiais and $y the relatives of victims and
others are alone rufficient to undermine the foundationson which the United
States and British indictmentsare based, and this can onky be ascertained by an
impartial iriquiry chat brings the truth to light ancileavesno room far dotibt.
We shall here cite a few examples of the many statements ccmcerning those
eircumstancessurroundhg the Lockerbie incident that requireclarification:
(a) Mr. Martin Cam, the fatherof one of the vlcti.uk, has said that "An
aide to President George Bush told me, 'Bath of our governments how who planted
the bomb and hw, but they will never admit ittn.
[b) The British Plinister of mansport stated at a London club in
mrch 1989 that PresiaePtBush and Prime Minister lvrargareThatcher bad deeided
in a telephone conversationto domade the criminal investigation into the
Mckerbie affair. The jwraalist David Libarow eonf irmed this statement before
suppressing it in the book he subseque~tlypublished.
(CI Mr. Phipps, former chief of the British Airways seeurity department,
has stated: "1 foundno evidenccin the documents of the existence of any
unaccompanied suitcasen.
Id) Mr. Bullier,the supplierof the timers, said in 1390/1991: "1 spent
a whole week with the FBI agents and tried to get a look at the timer part. But
they told me they diàn't have it and that it was with the Scottishpolice."
Then he ment anotherweek with the Scottishpolice, uho hwed him only a
picture. He aaded: "An Americanpoliceofficer saiè that there was an
explanatien for al1 this and that three of his assistantshad stated on oath S/1995/226
English
Page .6
that they had found the part and had signed an afFidavit to that effect.
However, 1 later heard that it was the Scottish police who had fond the part in
a shirt chat had cme from Malta."
The debare on the LDckerbie attair that took/ place in the Hotise of Csmonr
on 1 February 1995, the atanyquestions asked and the answers given by
Mr. Douglas Hurd, Secretary of State for Foreign and Conmionwealth Rf fairç,
ar-ed more suapieionsthm they remved with re&ct to the investigations
carried out and thiekened the fog surrdng the issuemore than they dispelled
it. In many of his replies, he seemed iaeonsistent. This view is not ours
alone but is sharedby others, as is indicated by the article that aPpeared in
The SuPdav Teleura~h on 5 February 1995 under the headline "Hurd Speech rinly
Adds to Clamour for lnquiryl'. At one point it is said, coneerningMY. Xurd,
"His half-hour speech certainly made a atriking ilpression, but it included
strikiag inconçistenciesn.Therewere maay important questions to which
Mr. Hurd did not respond, to the extent that the kiter of the article waç
praipted to aek: .If a Foreign Sscretary, otu ai the most powerful politicians
in Britain, cannotansuer questioasahut the cofiduct of an international
inquiry, wh cm? Which ad& to the mountitip ~on&ietioaof the vietimç'
relatives and thoie ruiting to learn the trutb +ut Lockerbie thaf the sooneï
the Government sets up a publie hguiry the better."
7. The Li- Ar& Jamahiriya is not in a position to present a liçt of ail
the £lova and shortoumhqs tbat have vitiated the inquiry and svidentiary
proceedings. It is obligea to rely on revelaeionçin the media because the
three couritries in question have thus far persistently refused to pravide it
with the evidence on which the OOWrnments of the IJbited States and the UnUnited
Kingdom Wed themselvesin makjsg charges agaiast the two suspects. Had they
kept the Libyan autboritiesiafosmed,thoae authorities wwld have bcen able to
evaluate the evidence objectively and impartially!
In view of these develapments, it is no longer possible to place any
relianceon indictanent8 that an vitiated by iuch siriousdefects and flaws . It
is al80 no longer acceptable from a legai,politicalor humanitarian point of
view for an entire people to continue to suffer ?cause of a mere suspicion that
two pers- may be coanectedwith the bmbizag of an aireraft based on
investigations that are not yet coarplete. It has become essential to institut@
an qry that*willbring the truth fo light. As is no longer the demand of
hihya al- but has bec- Ut of the victims'relativesand of a11 who wiçh to
know the truth about the Lockerbie incident.
8, In cormection with the deman& of the French Goveypmeet stemming from the
bombing of the üTA aircraft (5/23306), France cal18 upon Libya:
m m pro-ce al1 the materialevidenee in its possession and to facilitate
access to al1 documents that might be useful for estahlishing the truth;
"To faeif itate the neces- contacts ad meetings, inter alia, for the
asswbly of dtnesses ;
"To authoriae the respoagible Libpn offieds to respond to any reguest
-de ùy the exa- megistratereaponsiblefor judieial information . S/1995/226
gialish
Page 7
Seeing nothing In their ensemble that Is incwirpatible with the law, the
Libyan Arab Jamahiriya bas accorded great attention to these demands. There
have been intensive contacts and discussions between the judicial authoritiesin
the Libyan Ar& Jamahiriya and in France with a view to establishing
responçibility for the bambing of UTA flight 772. The French and Libyan
investigating magistrates have met on a nhr of occasions, the French
magistrate has been shown the records of the investigation carriedout by the
Libyan magistrate and it has been agreed that the French magistrate should
travel to Libya to complete hiç inquiries. Contacts betweeri the two countries
are being maintained in order to pursue and courplete these endeavours. With a
view to establishingongoing and constructive cuuperationbtween the two
countries, on 22 November 1993 the Secretary of the General People's Corrmiittee
for Foreign Liaison and International Cwration proposed the following to the
French Pliniçter for Foreign Affairs IS/26804, annex, enclosure) i
"1. Tbt an urgent meeting shduld be held betureem the Libyan investigating
cowisellor and the French examinhg magistratein order tu exchange views
and establishprocedures for the completion of the inguiriesbing carried
out by both sides;
"2. That a date shcruldbe fixed for the French examining magistrate to
corne to the Jamabiriya to complete bis inquiries by, inter alia, hearing
the statements of individuals and examinhg materials essential to the
inquiry, in cooperation with the Llbyan investigating counsellor and within
the boundç of the laws and statutes in force;
"3 . That , should the imquiries result in dmnstrating tgat it is
essential for the two suspects ta appear before the court, the Libyan
authorities would have no objectionto them doing so.'
(See also documents S/23473, Ç/23672, §/23828, S/23891, S/23918* S/24961,
~/26313 and S/26523 and S/32995.)
9. The three countriesin questi~n have deliberately 1med their deaiand
relating to terrorism with .the Libyan àrab Jamalririya, and they have induced the
Security Council to confine this universal phePomenon to the Lockerbie and =A
incidents. Sinee the onset of the crisis, they have not ceased to reiterate
that Libya must "conunit itself eancretely amà defkaitively to eease al1 forms of
terrorist action and al1 assistance to terrorist groupsu and tbat it "must
promptly, by conerete actions, prove its renunciation of tkrism" (S/23309) .
In a letter dated 11 May 1992 addressed to the Secretary-Oeneral of the
United Nations 1S1239181, the Janiahlriya deelared that it definitively condemned
al1 forms of internationalterrorism of whateverorigh and affirmed that there
were no terroristtrainhg camps or terroristorganizationsor groups in its
territory, This was no rnere abstractdeelaration, and Libya followedit up with
a practieal proposal by inviting a ccrmmittee from the Security Couneil,the
ünited Nations Secretariator any appropriateUnitedNations body to mstigate
this at any time, At the same time, Libya al80 sfated that it wauldmt in any
way permit its territoryor its institutions to be us& âirectly or indirectly
for the perpetration of tex-rorist acts and tàat it was prepared to impose the
severestpenalties on any- proved to be iavolved in sucb acts. S/1995/226
English
Page 8
The Ceneral People's Cornittee for Foreign ~iaison and International
Cooperation isçued a statement (S/S3917) confimi& the undertakings given in
that letter. Lihya eonfirmed them once again in letter dated 8 December 1992
addressed to the Secretary-General (S/S4916) and, in a letter dated
28 July 1993, assured the Çecretary-General that it was prepared to receive a
mission of his choosing to verify that there were no camps in Libyan territory
allegedly uçed for the training of terroriçtç.
t~be documents S/23417, S/23672
and S/24209.) The Libyan Ar& Jamahiriyahas a3so cooperated with the United
Kingdom in a eoncreee manner in comection with Its particular deman&. (See
documents S/23945 and S/26313.1 IIowever, these thLee coutries chouse to ignore
al1 of the foregoing and reject the idea of sendinb a mission to verify that
tbere are no camps and so forth, so that the question of terrorism remains a
sword of Damocles and they have a justification to retain and strengthen the
sanctions on the pretext tkat Libya is failing to eomply with the resolutions of
the Security Couneil.
10. Recent developments having shown that the foundationon whieh the Security
Council based its resolutfwr 731 Il9921 is weak if not non-existent,the
continu& suffering of the Libyan Arab people as a resuït of the sanctions
imposed by the Council under strong pressure from Fhese three couatriesno
longer has any justification. The other members of the Council rnugt assume
l their legal, politicaland humnitarian responçibilities,and they naiçt:
l
1. Urge the institutionof an impartial indiry into the true state of
a££airs with respect to the Wing of the P~A Am aireraft wer Luekerbie
in view of the faet that the investigations ehueted in the pst have been
vitiated by flaws and &set wieb suspicion;
2. Suspend the applicationof the sanctions imposed by the Security
Council under its resolutions 748 (1932) and B83 (1993) pending the outcorne
of the inquiry.
11. The Libyan Ar& Jamahiriya would like to dishl any suspicion that may
arise that its requeat for a new inquiry and for tke suspension of sanctions
conceals an attempt to extricate itself fm the criais. It continuesto view
the proposal of the secretary-~enera~ of the ~.agu+ of stat.8 that the tro
suspects should be tried by Scottish judges under Scots law at the asat of the
Xntesnatieiaal Court of Justice at The Hague as a cdupronilse solution that takes
ace-t of the lntereotsof al1 the parties eonceded, and it joins the Cauncil
of Uie League of Arab States in urging the secuit; Council to take aee01aPt of
this new and constructive proposal.
The legal inrpediments to this proposal that wdre raised in the Bwse of
Gommons on 1 February 1995 by Mr. Douglas fIurd, ~rdtishSecretaryof State for
Foreign and CommonwealthAffaire, and the doubts hd CaSt on guaranteesfor the
appearaneeof the two suspectsbefore the court in the evepc such legd
impedimenta were overcomerepreseat no more than an attempt to erect obstacles
to a raiolutien of the crisis. The Jamahiri)~ ha., after all. on wre tban one
occasion given assurancesof the seriousness of its intentionto coPàuct an
i.parti.1 trial for the two suspecta. If the ~scrdtar~of State for Foreign and
Commonwealthnffairs feals that thare is a legal oqseacle ro holding the trial
at The Hague, thea he shuuld grasp the legal diffieiiltfes encoimtered by a S/1995/226
English
Page 9
country that is requested to extradite itç mtiorials to another country without
any legal justification. mer and above the assurances given by the Libyan Ar&
Jamahiriya, it is prepared to discuss additional guaranteeç in the event that
the Governmmt of the United Kingdom should show good faith and accept the
proposal of the Secretary-General of the League of Arab States.Annex 83UNITED
NATlONS
Security Council
(@
S/PAST/1995/14
30 Harch 1945
ORIGINAL: ENGLISH
-- - -- -- . .
NOTE BY THE PRESIDENT OF THE SECURITY COUNCIL
After the consultations held on 30 March 1995, the President of the
Security Couneil issued the follewing staternent on behalf of the rnembers in
conneetion with the item relating to the Libyan Arab Jamahiriya:
"The members of the Çeeurity Council held informal conçultations on
30 Harch 1995 pursuant to paragraph 13 of resolution 748 (1992), by whieh
the Council decided to review every 120 dayç ar soancr, shauld the
situation so require, the measures imposed by paragraphs 3 to 7 against the
Libyan =ab Jamahiriya.
"After hearing al1 the opinions expressed in the course of
consultations the President of the @uncil coneluded that there was no
agreement that the neeessary conditions existed for modification af the
measures of sanctions established in paragraphs 3 to 7 of resolution
748 (1992)-"Annex84 UNED
NATIONS
GeneralAssembly Distr.
Security Councii GENERAL
A/SO/iZS
S/1995/247
30 Mnsch 1995
ENGLISH
ORIGIMU: ENGLIS AM)
FRENCH
GEWERAL aSSEMBLY SECURfTï COUHCIL
Fiftieth session Piftieth year
Item 149 of the preliminq list*
MEASURES M ELIMINATE
INTERNATIOHALTERRORfSM
Letter datêd 30 March 1995 £rom the Permanent Representativeç
Ireland and the United States ef America to the United Nations
addressed Eo the Secretam-General
We have the hcnour to transmit herewith the text of a tripartite
declaration issued by our three Goveme~ta on 30 Mard 1995 concerning the
implementation of Security Couneil resolutions 731 (19921 of 21 January 1992,
748 (1992) of 31 March 1992 and 833 (1993) of 11 November 1993 by the Libyan
Arab Jamahiriya.
We shodd be gratefvl if you would have the text of the preseat letter and
its annex circulated as a document of the General kssembly, under item 149 O£
the preliminary list, aad a£ the Security Couneil.
(Sisned) Jean- Bernard &II& (Sisnedl David 31.A. -Y
PermanentRepresentative of France PermanentRepresentative of the
to the United Nations United Khgdbm of Great Britain
aad NortherriIreland to the
United Nations
(Sisnedl Madeleine K. ALBRfGHT
Permanent Representative of
the United States of America
to the UnitedNations m
m
A/S0/12B I
~/1995/247
niglish
Page z I
Annex
I
Deelaratian dated 30 Mareh1995 bv the Governmepts of France, the
United Kinsdom of GreatBritain and ~orthérn Ireland and the United
States of Ameriea on theoccasion of the hinth review of sanctions I
imosed on the Lib~anAr& Jamahiriva bv dhr Securitv Couneil in
its resolution 748 (1992) of 81 March 1992
I
France, The thited Kingdom of Great Btitain and Horthetn Irelandand the
mited States of America reaffirmtheir joint deelaratienof 5 Auguçt 1394 .I
(S/1994/938)and their c~tm~fidatexmination fobjtng to justice those
responsible for the bdmbirigsof fligits Pan Am 103and üTA 772.
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The three States regret that the Li- AzT Jamdhiriyahas still not
satisfied the French judicialauthoritieswitb respect to the bombing of flight
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UTA 772.
~hey are conmiittedto full and couprehensive enforcementof the sanctions
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imposed on the Libyan Ar& 3amahiriya.
They also reaffirm that the Libyan Arab Jaryhiriyarmistcdt itself I
definitively to ceaaing al1 formç of terroristaetivity and al1 assistance to
eerroristgroups and demanstrate,by eoncreteacdions,its renuaeiation of
terrorism. I
TBey reiterate that, in aecordanee withthe SecurityCoimcilresolutians,
the GovernmMt of the Libyan Arab JamafüriyaIUUS~epsure the appearanceof the I
two Loekerbie suspects in the UnitedK;Uigdwior United States, where they will
receive a fair trial. The three Statesreaffir. that aiternitive proposal. for
trial in The Hague or elsewhereda not meet the Security Couneilrequisements B
aildare therefore unacceptable.
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volume III