Lockerbie Suspect Claims Unlawful Rendition by US

Abu Agila Mohammad Mas'ud Kheir Al-Marimi, a suspect in the 1988 Lockerbie bombing, claims he was unlawfully removed from Libya and handed over to the FBI to face trial in the United States. Al-Marimi was charged by the U.S. government in December 2020 with destroying the Pan Am flight, which exploded over Lockerbie, Scotland, killing all 259 people on board.

Defense lawyers argue that Al-Marimi's transfer to U.S. custody in December 2022 amounted to an unlawful rendition and forcible abduction, asserting that it strips the Washington court of its jurisdiction over the case. They contend the operation showed "an utter disregard for Libyan law and sovereignty."

According to Al-Marimi's account, he was serving a jail sentence in Libya for actions taken during the 2011 uprising against Muammar Gaddafi. He states he was released on "compassionate grounds" on September 30, 2021, and returned to his family in Tripoli. Approximately two weeks later, he alleges armed men, many masked, arrived at his home, rearrested him without explanation, and took him to a prison in Misrata. His lawyers claim this "abduction" was carried out by a militia known for brutality and disregard for human rights, stating his son was beaten and his wife and daughter were attacked.

On December 11, 2022, Al-Marimi stated his captors informed him he was to be released. Instead, he was taken to Misrata airport, where a U.S. government aircraft was waiting. He claims a "loosely fitted cloth hood" was placed over his head, and he was hurried onto the plane as onlookers watched. His belongings, including a Quran, prayer rug, clothing, toiletries, and medicine, were reportedly handed over in a plastic "trash bag."

During the flight to the U.S., Al-Marimi was questioned by the FBI and underwent a medical examination. His lawyers maintain that the Prime Minister of the Tripoli-based Libyan government, Abdulhamid Dbeibah, later secured financial investments from the United States, including $16 million for Libya's democratic transition and a contract with Honeywell International, suggesting a quid pro quo for the transfer.

The U.S. government, however, maintains that under longstanding legal doctrine, a court's jurisdiction is not dependent on the method by which a defendant is brought before it, even if that method involves abduction. Prosecutors argue that the limited exceptions to this rule do not apply in Al-Marimi's case and that Libya was permitted to transfer the defendant by any means it chose. They also state that any actions by Libyan militias are not attributable to the United States.

Al-Marimi's removal from Libya in 2022 sparked significant backlash in his home country. Prime Minister Dbeibah stated his government was cooperating with an "international judicial framework to extradite accused citizens." An Interpol red notice was active at the time, calling for Al-Marimi's arrest pending extradition. The head of Scotland's prosecution service confirmed Al-Marimi's transfer to U.S. custody was "on a lawful basis."

Al-Marimi's defense has requested a hearing to argue its case before Judge Dabney Friedrich. His lawyers stated, "Mr. Al-Marimi's rendition sends a chilling message to the people of the world: 'If we want you, we will take you.'" They are seeking his return to Libya.