LIBYA: MEDICS DEFAMATION CASE DECISION DUE MAY 27, SUPREME

C O N F I D E N T I A L SECTION 01 OF 03 TRIPOLI 000474

SIPDIS

SIPDIS

DEPARTMENT FOR NEA/MAG AND EUR

E.O. 12958: DECL: 5/9/2017
TAGS: PHUM PGOV PREL BU LY
SUBJECT: LIBYA: MEDICS DEFAMATION CASE DECISION DUE MAY 27, SUPREME
COURT APPEAL DECISION LIKELY TO BE DELAYED

REF: TRIPOLI 426

CLASSIFIED BY: Elizabeth Fritschle, POL/ECON Counselor,
AmEmbassy Tripoli, State.
REASON: 1.4 (b),(d)




1. (C) SUMMARY. All signs indicate the six foreign health
workers accused of intentionally infecting over 400 Benghazi
children with HIV/AIDS in 1999 will be convicted on May 27 of
defaming two Libyan police officers they accused of torture (a
separate case from the main criminal case). The Bulgarian
Embassy reports that since the Supreme Court has yet to schedule
a first hearing of the medics' appeal to their December 19, 2006
conviction in the criminal case, a Supreme Court verdict is
still at least seven weeks away. (Libyan officials had
originally predicted a Supreme Court decision by March.) The
Bulgarian Embassy is cautiously optimistic that the Supreme
Court delay coincided with a high-level May 10 EU meeting aimed
at finding a political way for the medics to return home. The
prosecution prepared a case file for Supreme Court review
recommending the higher court confirm the guilty verdict, raise
the court-ordered compensation for the victims' families, and
order a new trial in the secondary charges of money laundering
and alcohol consumption. Once the Supreme Court sets a date to
hear the appeal, it can confirm or overturn the verdict or order
a new criminal trial heard directly by the Supreme Court.
Inflammatory press coverage continues and rose to a new level on
May 9 when the GOL circulated a diplomatic note to foreign
missions claiming that a Mossad agent developed a romantic
relationship with one of the nurses and paid her to infect the
children. END SUMMARY.

DEFAMATION VERDICT DELAYED UNTIL MAY 27


2. (C) Dmitar Dmitrov, point man on the nurses case for the
Bulgarian Embassy in Tripoli told Poloff that Bulgaria expects a
guilty verdict in the defamation case on May 27. (NOTE: This
case is separate from the main criminal case against the
medics.) Since two Libyan police officers filed suit in the
Souq al-Juma'a municipal court in Tripoli on February 11
alleging that the medics intentionally made false statements
accusing the officers of torture, the court has held seven
hearings in the defamation case. All hearings have taken place
at the maximum security Ayn Zara prison. (NOTE: The prison
houses almost exclusively political prisoners. END NOTE.) At
the latest May 6 hearing, the municipal court judge announced
the court would delay its verdict on the defamation charges
until May 27.


3. (C) While Bulgaria believes the police officers are at
least partially concerned about their reputation, financial
motives also underlie the defamation case. In addition, state
prosecutors have successfully used the defamation case to
introduce new evidence into the ongoing criminal trial;
specifically, prosecutors have introduced a "Biotechnology
Center of South Carolina" study reported reftel as new evidence
of the medics' guilt in the criminal case.


4. (C) The five Bulgarian medics and Palestinian physician
attended the first five defamation hearings; however, the medics
were not provided with interpretation and were not allowed to
address the court. At one point, the plaintiff's attorney asked
the medics if they had intentionally lied that their confessions
were obtained under torture. Several medics attempted to
respond, but the judge quickly cut them off. Though the medics'
defense attorney Othman Bizanti believes Libyan law requires the
defendants to be present during a civil trial for the verdict to
be valid, the court did not object to the medics' decision not
to attend the last two hearings.

SUPREME COURT RULING AT LEAST SEVEN WEEKS AWAY


5. (C) According to Dmitrov, the Supreme Court ruling in the
criminal case is at least seven weeks away. According to Libyan
law, the prosecution must prepare a dossier for the Supreme
Court containing arguments and evidence from the criminal trial,
including statements from the prosecution, victims' families,
and defendants. Once the prosecution completes the dossier, the
Supreme Court will fix a date for a first hearing approximately
three weeks later. During the hearing, lawyers for the
prosecution, victims' families, and defendants will give oral
arguments summarizing their cases but will not be allowed to
present new evidence or call witnesses. The Supreme Court will

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then adjourn for four weeks to review the case.


6. (C) The Supreme Court can then accept the prosecution's
recommendation and uphold the conviction, grant the medics'
appeal and throw out the case, or order a new criminal trial at
the Supreme Court level if it has any doubts about the
prosecution's position. If the Supreme Court orders a new
criminal trial, the Supreme Court would hear all the evidence
and witnesses again, likely delaying the verdict for months. The
Supreme Court does not have the legal authority to remand the
case to a lower court.


7. (C) Dmitrov told Poloff the prosecution finished its
dossier on April 15. The dossier contains the prosecution's
recommendations to confirm the guilty verdict in the criminal
case, increase the compensation figures to the victims' families
noted in the December 19 verdict, and order a new trial on the
secondary charges of money laundering and alcohol consumption.
Almost a month has passed since the prosecution forwarded its
document to the Supreme Court without the Court scheduling a
hearing. Bulgaria sees the Supreme Court's delay as a positive
sign that the GOL is waiting to see the outcome of ongoing
high-level EU diplomatic efforts.

SUPREME COURT COULD RAISE COURT-ORDERED COMPENSATION PAYMENTS


8. (C) There are still two possible mechanisms for the
victims' families to receive compensation -- a court-ordered
judgment or an out-of-court settlement directly with the medics.
The first option would see the Supreme Court, assuming it
confirms the guilty verdict, either affirm or raise the
compensation figures spelled out in the December 19 ruling.
(NOTE: In its recommendation to the Supreme Court, which has
not been made public, the prosecution recommends the Supreme
Court revise upwards. END NOTE.) An out-of-court settlement
between the defendants and the victims' families is also still
possible. According to defense lawyer Othman Bizanti, Libyan
criminal law allows for a "blood money" payment to reduce the
medics' sentence from death to life in prison. The defendants'
lawyer believes the law does not/not allow the medics to go free
in exchange for blood money.


9. (C) According to Dmitrov, the criminal court's December 19
verdict specified compensation figures for 348 families, ranging
from 350,000 LD to almost 1 million LD. Dmitrov estimates the
total cost of the December 19 compensation package at 104
million LD -- a "reasonable figure" for Bulgaria and the EU to
manage (i.e. via the Benghazi International Fund). While
victims' families have at various points agreed to abide by
court decisions on compensation, most families continue to
campaign publicly for a larger settlement. They frequently cite
the $10 million phased settlement to Lockerbie victims'
families, although local press does not circulate information
that the final tranche of the settlement was not paid when Libya
was not removed from the State Sponsors of Terrorism List by the
specified date.

BULGARIA UPBEAT ON EU DIPLOMATIC EFFORTS


10. (C) Bulgaria continues to hope for sustained, high-level
EU pressure throughout the Supreme Court process. Dmitrov noted
cautious optimism that the Supreme Court's refusal to set a date
for its first hearing coincided with high-level talks sponsored
by the EU Commission for External Relations on May 10. While
the Bulgarian Embassy in Tripoli had no information about the
specifics of the EU-led discussions, Bulgaria remains hopeful EU
diplomatic efforts will find a political solution independent of
the Supreme Court procedure. Nevertheless, Dmitrov noted
constant GOL indignation over allegations its judiciary is not
fully independent, therefore suggesting the Supreme Court will
likely proceed with a hearing irrespective of European progress
on the political front. In addition, Dmitrov noted the EU
resident representative in Tunis and the UK Ambassador in
Tripoli (acting on behalf of the UK's EU Presidency) visited the
medics in prison on May 6 in a quiet show of support. (NOTE:
The UK Ambassador in Tripoli also attended the May 10 Brussels
meeting. END NOTE.)

INFLAMMATORY PRESS COVERAGE GAINS NEW LEGITIMACY


11. (C) As reported reftel, inflammatory press coverage of the
medics trial continues, linking the case with a foreign
intelligence plot against Libya and threatening that anyone who
questions the integrity of the Libyan judicial process shares

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the medics' guilt. Widely circulated conspiracy theories gained
new legitimacy on May 9 when the GOL distributed a particularly
vitriolic article to foreign Embassies under cover of a
diplomatic note. The article, reportedly from the "Al Madar"
weekly newspaper, alleges that Bulgarian intelligence services
and Mossad collaborated to seduce one of the medics in an
unnamed Mediterranean capital "not far from Libya." The article
says that a Mossad agent developed a romantic relationship with
the medic and paid her to infect the Benghazi children.


12. (C) According to the dipnote, "Al Madar" is a weekly Iraqi
newspaper operating under British license but distributed in
Syria. Ali Al Jafal, a "Shiite Iraqi," is listed at the
newspaper's editor, while Syrian journalist Moeen Ibrahim is the
managing editor. The dipnote also mentions two other names:
"Mohamed al Miah, Shiite, he was formerly the Editorial Manager
of the Iraqi Revolution Newspaper during Saddam Hussein era, and
Abdul Mohsin Attiah, an Iraqi Journalist, Shiite." The note
also states that the newspaper is "supportive to the Iraqi
resistance."

BULGARIAN EMBASSY STRATEGY FOR DIPLOMATIC ENGAGEMENT


13. (C) Dmitrov advised that any visible U.S. role in the last
weeks of the defamation case, including attendance at the May 27
verdict, would only allow the GOL to spin U.S. presence to
bolster the trial's legitimacy. The Bulgarian Embassy expects
the GOL might bus the diplomatic corps to the Supreme Court
verdict as it did with the December 19 verdict announcement.
Bulgaria said that the EU Ambassadors were supporting its
efforts and noted UK Ambassador's May 6 visit official prison
visit to the medics. Dmitrov asked for the U.S. to continue
raising the medics case as part of its bilateral engagements
with Libya.
CECIL