Tripoli to Lockerbie -- (state) terror versus (state) clemency

Unfortunately, this was no bestseller, no spy-novel-inspired mystery tale, but harsh reality. The day was Dec. 21, 1988. The time: early evening. The flight number: Pan Am 103 departing from London bound for North America. Not even one hour, but a mere 37 minutes elapsed before Pan Am 103 exploded, disintegrated and fell from the sky, causing havoc. The reason: a bomb planted in a suitcase. On that day, 270 people, including some civilians on the ground, met their untoward destiny. The incident became known as the Lockerbie Bombing, borrowing its name from the Scottish village where it happened. The world was in shock.

Who was the perpetrator? Who committed this unbelievable crime? How was it possible that an explosive device was not detected at the various airports en route? Many questions remain unanswered. Over time, the puzzle was solved, or so it seemed. Years after the incident the Libyan government, which was suspected of being the mastermind behind the Lockerbie attack, turned in two suspects, one of whom was acquitted while the other became the focus of attention: Abdel Basset Ali al-Megrahi was jailed in 2001 for the atrocity after a special Scottish Court in the Netherlands was set up to sentence the apparent culprit. The verdict: life in a Scottish prison.

Eight years later and this very Thursday, Scottish Justice Secretary Kenny MacAskill decided that al-Megrahi would be released from jail on compassionate grounds as he has prostate cancer and only three or so months to live. Quoting the BBC, I wish to cite the Scottish politician as he said something extremely remarkable. After mentioning that Scots define themselves by their humanity, he added: “Mr. al-Megrahi did not show his victims any comfort or compassion. They were not allowed to return to the bosom of their families to see out their lives, let alone their dying days. No compassion was shown by him to them. Our justice system demands that judgment be imposed, but compassion be available.”

There are mixed emotions, in particular stateside; while family members of the Scottish casualties argued that they never believed he was the sole criminal, but instead acted on behalf of a “deep state,” the US relatives reacted with dismay when learning about the decision. The White House does not seem to be too pleased with his release from jail either.

So, who was behind it then? Investigators found out that while the bomber apparently traveled from Malta to Switzerland, the bomb itself made its own way by means of checked luggage via Frankfurt to London. How was this possible? Was the attacker perhaps an early-day suicide bomber? On whose boarding pass was the deadly luggage really registered, if it was registered at all?

Some time into the investigation, most analysts argued that either Libya or Iran were to blame; Iran was always a close second as one of their civilian airliners had been mistakenly shot down by US forces some months before Lockerbie; other's went further and accused Syria or a radical fringe group linked to Palestinian activists. Up until today, Libya refuses to accept liability, despite having paid out $2.7 billion to the 270 victim's families. Upon departing from Scotland this Thursday, al-Megrahi reiterated his denial of having had any involvement in the attack, too. Hence speculation is still rife.

What made this issue column-worthy again is the clemency factor. My support for the Scottish authorities lies in the simple fact that our democracies can neither be destroyed by individuals nor upon orders of shady government-sponsored networks. By showing clemency, the Scottish authorities have put the defense of human values above anything else. It has shown the world that moral benchmarks and steadfastness as well as believing in the supremacy of law over anarchy are the hallmarks of a democracy. If on the one hand al-Megrahi was the sole killer he will neither die a martyr nor a hero, but will be quickly forgotten and if at all remembered, it will be as nothing more than a criminal and terrorist; despite a rather noisy welcome at Tripoli airport on Thursday night shown live on al-Jazeera TV, present-day Libya cannot afford to have al-Megrahi's return destroy newly built relationships with other countries, including lucrative trade deals. If, on the other hand, al-Megrahi was a scapegoat indeed and other actors were behind the Lockerbie catastrophe, he at least would have found the peace he deserves, in particular if innocent. In any case, a courageous decision by the Scottish authorities allows us to ponder whether other similar cases would benefit from clemency, too.