Rolfe
Adult human female
If I were Megrahi's kin, I would be doing everything I could, to fight for my father, brother, son, whatever he is to his family in order keep this in the front of the media and not let this die. That's what I did for my father. Guess what. We got an ivestigation, a trial, and we are still fighting. [....]
The American family members did not sit still and allow their government to simply "chuck the thing". I, along with my fellow family members lobbied our government. I wrote countless letters. I bent the ears of as many as I could find who might help move our case forward. I went to the UN. My family hired attorneys before any settlement money from Libya, taking that risk that if we lost, we would have to pay legal fees. Even after our case was thrown out of court on Foreign Soverein Immunities actions. Guess what. We continued fighting, and got that legislation ammended. And we got our day in court. Because we believed in what we were doing and persevered. I find it very sad.
I'm a bit hazy about what Bunntamas finds "very sad". One moment she seems to be pouring scorn on efforts to advance the case for a review of the Zeist proceedings, but the next she seems to be accusing those who believe in Megrahi's innocence of not doing enough. I'm also a bit embarrassed that I'm not really aware of what she and her fellow family members did, with their countless letters and lobbying the UN.
I know the UK families have been lobbying hard for a public inquiry into the disaster since 1989, and have been slapped down by government after government, on various pretexts and excuses. The beginning was of course when Paul Channon promised a full public inquiry in March of 1989, only to be choked off by Margaret Thatcher after she had that infamous phone conversation with George Bush.
I know that none of the families, UK or US, had any role in promoting the actual investigation, or the identification and indictments of the Libyan suspects. That was all down to the CIA, the FBI and the D&G, and they didn't need any encouragement.
I've heard a little bit about the negotiations to get the trial at Zeist, and by all accounts Robert Black and Nelson Mandela feature quite prominently. Jim Swire was also involved, making a trip to Libya to lobby Gadaffi personally on the matter. I haven't come across any accounts of US families' involvement at this stage.
I had the vague impression that the US families' involvement was related to influencing the US government to prevent US firms from doing business in Libya. However, I can't find any definite reference to this online.
Googling "Foreign Sovereign Immunities Act" with appropriate keywords brings up a number of relevant documents, of which this is possibly the most useful.
Anthony J Seebok said:Tuesday, Jun. 25, 2002Last month, it was revealed that the Libyan government has been negotiating with lawyers representing a large proportion of the families who are suing Libya for the deaths of their loved ones on Pan Am Flight 103, which exploded over Lockerbie, Scotland in 1988. [....]
In 1994, attorneys attempted for the first time to sue Libya for its alleged fault in connection with Pan Am Flight 103. However, the suit was dismissed. At the time, the Foreign Sovereign Immunities Act (FSIA) protected a foreign government from suit in the United States except under very limited circumstances. These limited circumstances - which were restricted to certain commercial contexts, or instances in which the foreign government had consented to be sued - were held not to apply.
Then, in 1996, Congress amended the FSIA to allow tort suits in American courts against nations whom the government had determined were "state sponsors of terrorism." That included Libya. So that same year, Lee Kreindler, one of America's preeminent aviation disaster personal injury lawyers, filed a suit on behalf of 117 families of the 270 bombing victims, against defendants including Libya [....]
The suit sought $20 million per victim's estate for wrongful death, $1 million per victim for pain and suffering, and $2 billion per defendant in punitive damages. Libya made a few attempts to have the suit dismissed, challenging the constitutionality of the '96 amendment to the FSIA, but they were turned back by the United States Court of Appeals for the Second Circuit, which held that Kreindler's suit could go forward. [....]
According to published reports, Libya has offered to pay $10 million per victim. In exchange, Libya wants three things. First, all the families must drop their suits. Second, the United Nations must drop its sanctions against Libya. Third, the U.S. must drop its sanctions against Libya, and remove Libya from the list of nations that sponsor terrorism. [....]
Oddly Libya's behavior reflects typical settlement practice in the United States. A standard feature of every settlement is that the defendant does not concede fault. Indeed, the right to disclaim fault is why one agrees to a settlement-that, as well as avoiding the uncertainty of a trial verdict, is why defendants pay good money to settle.
Thus, settlements in even the most controversial, heated tort suits contain language saying the defendant does not admit fault. [....]
Understandably, however, many of the Lockerbie families have said that unless Libya accepts responsibility for the murder of their loved ones, they do not want the money. This puts the families and the U.S. State Department on the same side of the sanctions question. All the U.S. and the U.N. wanted from the beginning was for Libya to accept responsibility. That is all many of the families want, too - or at least, for them it is a necessity. [....]
Further relevant links include
http://writ.corporate.findlaw.com/sebok/20030908.html
http://foreignaffairslaw.wordpress.com/category/foreign-sovereign-immunity/
http://www.uniset.ca/other/cs5/886FSupp306.html
http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1208169994101
http://www.diplomaticourier.org/kmitan/articleback.php?newsid=174
So the effort, as far as I can tell, appears to have been directed at forcing Libya to accept responsibility for the bombing. Fine, if Libya really was responsible. However, getting Libya over a legal barrel so that the country had no real choice but to accept reponsibility, then making a great point of the significance of them accepting reponsibility, again seems a bit circular.
I only say this because Bunntamas brought it up herself. I don't know how much the legal fees would have been if the families had lost. However, dependants of the Lockerbie victims received about $2 million apiece from the Pan Am damages suit in 1993 (at least, I know that's what the Flannigan children got).
I'm just trying to understand this, but at the moment I'm not really clear how the actions of the US families are comparable to the present campaigns, in that they were aimed at extracting an admission of responsibility from Libya, and in that respect I suspect they were probably pushing at an open door, politically.
Trying to get the politicians to investigate the possibility that they were wrong all along is a bit trickier, I suspect.
Rolfe.