DRAFT AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF THE NETHERLANDS AND THE GOVENNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING A SCOTTISH TRIAL IN THE NETHERLANDS
The Government of the Kingdom of the Netherlands and the Government of the United Kingdom of Great Britain and Northern Ireland;
Recalling that on 21 December 1988 Pan American World Airways flight 1C3 was bombed over Lockerbie in Scotland and 270 persons died;
Recalling that on 13 November 1991, following the presentation of a petition by the Procurator Fiscal for Dumfries, the Sheriff of South Strathclyde, Dumfries and Galloway in Scotland granted a warrant for the arrest of Abdelbaset Ali Niolirned Al Megrahi and Al Amiri Khalia Fhimah ("the accused") on charges of conspiracy to murder, murder and contravention of the Aviation Security Act 1982 of the United Kingdom of Great Britain and Northern Ireland;
Recalling that the Security Council of the United Nations, acting under Chapter VII of the United Nations Charter, in its Resolutions 748 (1992) and 883 (1993), demanded inter alia that Libya ensure the appearance of the accused for trial before a Scottish court;
Noting the letter of ………… 1998 from the Permanent Representatives of the United Kingdom of Great Britain and Northern Ireland and of the United States of America to the Secretary-General of the United Nations proposing in it the accused be tried before a Scottish Court sitting in the Kingdom of the Netherlands in accordance with the arrangements set out in that letter (Annex 1),
Having due regard to the decisions of the Security Council, acting under Chapter
VII of the Charter of the United Nations, in its Resolution (1998) (Annex 2); the Government of the Kingdom of the Netherlands and the Government of the United Kingdom of Great Britain and Northern Ireland wish to conclude an Agreement regulating the sitting of the Scottish Court in the Netherlands and all matters necessary for the proper functioning in the Netherlands of that Scottish Court for the purpose of the trial of the accused;
Have agreed as follows:
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Article 2
Purpose and Scope of the Agreement
This Agreement regulates the sitting of the Scottish Court in the Netherlands and the matters arising out of the trial and the proper functioning of the Scottish Court.
Article 3
The Scottish Court
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(2) The jurisdiction of the Scottish Court is limited to the trial
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4) The trial will be deemed to be ended when any of the following events, but not necessarily the same event, has occurred in relation to both accused:
(a) the accused is acquitted;
(b) the trial is discontinued by process of law preventing any further trial under Scots Law; or
(c) any judgements of the Scottish Court following conviction have become final and conclusive.
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Article 13
Emblem, Markings and Flag
The Scottish Court shall be entitled to display its emblem and markings, as well as the appropriate flag, on its premises.
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Article 29
Final Provisions
(1) This Agreement shall enter into force on a date to be agreed by the Parties, provided that they may agree in the meantime to apply provisionally any of its provisions.
(2) Subject to paragraph (3), this Agreement shall remain in force for one year from its entry into force, with the possibility of extending it by mutual agreement.
(3) This Agreement shall terminate
(a) on the day after the date of the end of the trial (as defined in Article3(4)), and any person then detained or imprisoned in accordance with Article 3(3)(c) or (d) shall be released on that day, or
(b) seven days after the date on which the Parties, after consultations with the Secretary-General of the United Nations, agree in an exchange of notes that there is no reasonable prospect of the trial taking place before the Scottish Court in the Netherlands as envisaged in this Agreement.
(4) Termination following completion of the trial shall not affect:
(a) those provisions of this Agreement which are required for the orderly termination of the operation of the Scottish Court, inducing the transfer of the accused in accordance with Article 16(2)(b); and
(b) the continuation of the immunity from legal process in respect of words spoken or written or acts done in the capacity as solicitor or advocate of the accused.
(5) This Agreement may be amended by mutual consent at any time at the request of either Party
With respect to the Kingdom of the Netherlands this Agreement shall apply to the part of the Kingdom in Europe only.