Post by Anja Nieser on Sept 26, 2006 17:21:21 GMT -5
'Aids' medics' trial delayed
The retrial of 6 foreign medics facing a possible death penalty on charges
they infected hundreds of Libyan children with HIV was adjourned on
Thursday after a defence lawyer failed to show up in court.
"The trial was postponed until October 31," said the court President
Mahmoud Haouissa, citing the absence of leading defence lawyer Othmane
Bizanti.
The 6 medics have been detained since 1999.
A 1st trial of the 5 Bulgarian nurses and a Palestinian doctor ended with
their conviction on charges they intentionally infected 426 children with
HIV in Benghazi hospital.
The supreme court last year overturned the ruling, which had resulted in
death sentences by firing squad, and ordered the case to return to a lower
court.
The medics have denied the charges in both their 1st and 2nd trials and
have repeatedly testified that they were tortured to make them confess.
Release medics on parole
The medics' case, as well as questions over Libya's human rights record,
have been seen as hurdles to expanded links with the West at a time when
Washington is in the process of resuming full diplomatic relations with
Tripoli after decades of hostility.
"Lawyer Bizanti is sick and he is on hospital.
He sent a hospital certificate signed by his doctor to prove that. That is
the reason for the adjournment of the trial," said Bizanti's colleague,
Abdallah al Maghribi.
Families of the sick children and their lawyers complained over what they
called a lengthy court process, which they said, was adding to their pain.
"We understand the court decision to adjourn, but that is painful for the
families of the children and the repeated postponements could be used by
the defendants as a legal pretext to demand their release," said Heba
Katkout, one of the families' lawyers.
The court has dismissed repeated demands by lawyers to release the medics
on parole, arguing the charges are too serious for the defendants to be
free.
The retrial had been repeatedly put off since it began in May.
Proposed compensation
It was postponed on July 25 for 2 weeks when another defence lawyer failed
to show up.
Defence lawyer Touhami Toumi said he expected a resolution soon.
"The October 31 hearing session would launch the deliberation proceeding
over a ruling. The court will announce a verdict in November," he said,
giving no precise reasons for his prediction. Other lawyers said a verdict
would take more time.
Washington has long backed Bulgaria and the European Union in saying the
medics are innocent.
Libya has proposed compensation, which, the authorities in Tripoli say,
would open a way for the pardon and the release of the medics. Sofia
rejected the proposal.
Lawyers of the families of the infected children were asking for $11.6m
for each child in compensation.
Out of court settlement
With more than 400 children involved, the total compensation demanded
would come at around $4.6bn.
Trayan Markovski, a lawyer for the nurses, said speculation that the
delays were actually in place so an out of court settlement could be
reached was inaccurate.
"A trial that has been going for so long always raises such questions, but
this is not the case now," he said.
"We will do our best on the next sitting not to have another delay."
(source: News24, South Africa)
The retrial of 6 foreign medics facing a possible death penalty on charges
they infected hundreds of Libyan children with HIV was adjourned on
Thursday after a defence lawyer failed to show up in court.
"The trial was postponed until October 31," said the court President
Mahmoud Haouissa, citing the absence of leading defence lawyer Othmane
Bizanti.
The 6 medics have been detained since 1999.
A 1st trial of the 5 Bulgarian nurses and a Palestinian doctor ended with
their conviction on charges they intentionally infected 426 children with
HIV in Benghazi hospital.
The supreme court last year overturned the ruling, which had resulted in
death sentences by firing squad, and ordered the case to return to a lower
court.
The medics have denied the charges in both their 1st and 2nd trials and
have repeatedly testified that they were tortured to make them confess.
Release medics on parole
The medics' case, as well as questions over Libya's human rights record,
have been seen as hurdles to expanded links with the West at a time when
Washington is in the process of resuming full diplomatic relations with
Tripoli after decades of hostility.
"Lawyer Bizanti is sick and he is on hospital.
He sent a hospital certificate signed by his doctor to prove that. That is
the reason for the adjournment of the trial," said Bizanti's colleague,
Abdallah al Maghribi.
Families of the sick children and their lawyers complained over what they
called a lengthy court process, which they said, was adding to their pain.
"We understand the court decision to adjourn, but that is painful for the
families of the children and the repeated postponements could be used by
the defendants as a legal pretext to demand their release," said Heba
Katkout, one of the families' lawyers.
The court has dismissed repeated demands by lawyers to release the medics
on parole, arguing the charges are too serious for the defendants to be
free.
The retrial had been repeatedly put off since it began in May.
Proposed compensation
It was postponed on July 25 for 2 weeks when another defence lawyer failed
to show up.
Defence lawyer Touhami Toumi said he expected a resolution soon.
"The October 31 hearing session would launch the deliberation proceeding
over a ruling. The court will announce a verdict in November," he said,
giving no precise reasons for his prediction. Other lawyers said a verdict
would take more time.
Washington has long backed Bulgaria and the European Union in saying the
medics are innocent.
Libya has proposed compensation, which, the authorities in Tripoli say,
would open a way for the pardon and the release of the medics. Sofia
rejected the proposal.
Lawyers of the families of the infected children were asking for $11.6m
for each child in compensation.
Out of court settlement
With more than 400 children involved, the total compensation demanded
would come at around $4.6bn.
Trayan Markovski, a lawyer for the nurses, said speculation that the
delays were actually in place so an out of court settlement could be
reached was inaccurate.
"A trial that has been going for so long always raises such questions, but
this is not the case now," he said.
"We will do our best on the next sitting not to have another delay."
(source: News24, South Africa)