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Alberta Reappraising AIDS Society |
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| David Crowe, President Phone: +1-403-289-6609 Fax: +1-403-289-6658 Email: David.Crowe@aras.ab.ca Kathleen Newell, Treasurer |
Box 61037, Kensington Postal Outlet
Calgary, Alberta T2N 4S6 Canada |
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Since 1999 there has been a court case in Libya with five Bulgarian nurses and one Israeli-Palestinian doctor accused of deliberately trying to kill 426 Libyan children by injecting them with HIV contaminated blood. An appeal of the case ended with the re-instatement of the death penalty verdict on December 18, 2006.
The evidence that the nurses injected the children is very weak and admissions by the nurses are unreliable as it seems certain that they were tortured during their imprisonment. However, it does appear that the nurses gave all of the children a pill, but it is not known what was in the pill.
This page records some correspondence between representatives of the US State Department and others regarding this case. It is not at all clear why the US State Department is interested in this case.
| Lambros Papantoniou (Greek Journalist) | Since a Libyan court is expected to deliver a verdict on December 19th to punish with death penalty five Bulgarian nurses and a Palestinian doctor who infected 426 children with HIV virus using pills for the first time in the history of this deadly disease, may we know the U.S. position on this issue? |
| Scott McCormack (State Department Spokesman) | Our position is well known on this. It is a terrible, terrible tragedy that so many innocents lost their life. It is, however, our position that those nurses and medics should be returned to their home country at the earliest possible moment. |
| Lambros | …on HIV/AIDS in Libya, do you know if the U.S. Government attended via observers the trial over in Libya against the Bulgarian nurses and the Palestinian doctor for whom the Libyan Supreme Court tomorrow, December 19th, is going to issue a verdict for death penalty on the well known HIV issue? |
| McCormack | We watch it very closely. I can’t tell if we went to an actual trial every single day, but suffice it to say we’ve watched it very closely. |
| Lambros | Well, what is the position vis-à-vis to the fact, as it was said by witnesses during the court, that the nurses used pills infecting 426 children with HIV in 48 hours, yerifying by French doctors? |
| McCormack | Lambros, let’s just – there’s going to be a verdict that comes out tomorrow and we’ll take it from there. |
| Lambros | And the last one. (Inaudible) mentioned, Mr. McCormack, I’m against the death penalty in all cases; however, how your government came to the conclusion that those nurses are innocent and must be freed by Libya? |
| McCormack | Lambros, you know, look, you know our position and it hasn’t changed on the matter. |
| Secretary Rice | …I just want to say that I join with the Foreign Minister in expressing disappointment and concern about the verdict today – or yesterday in Libya concerning the Bulgarian medics. We understand very much that there are children who have suffered and we are concerned for their suffering and that of their families. But we also are concerned that these medics will be allowed to go home at the earliest possible date. These are people who deserve to go home and we are very disappointed at the outcome of this verdict. And I want you to know Minister that we will continue to work for their early return to Bulgaria. |
| Minister Ivailo Kalfin | …I want to thank you very much for the whole support the United States of America has provided so far for the fate of our nurses in Libya.
We are extremely disappointed and concerned with today’s verdict of the court. We hope that in the very near future, the whole legal procedure is going to be finalized in Libya. There is all the reasons to believe that they are innocent and they shouldn’t be related to this to tragedy and we share compassion also and we share sympathy in the tragedy of the children. So hopefully, we shall do our best to urge the Libyan authorities, including the judicial authorities, to go ahead and to complete the whole procedure to allow the nurses to come to Bulgaria. Once again, thank you very much. We really appreciate your support. |
| Secretary Rice | Thank you very much. Thank you |
| Sylvie (Journalist, last name not given) | I know we just heard – we were pleased to have the Secretary’s comments about the verdict in Libya. Could you read us whatever’s your sort of formal guidance about it and whether it says anything about the possibility of an appeal or of the matter ultimately going to the so-called Libyan higher judicial council? |
| Scott McCormack (State Department Spokesman) | There were – as I understand it there are two other possible steps from this point on. There’s another step left in the judicial process. It’s the equivalent of their supreme court and then beyond that there’s a review body that has the potential to look at judicial decisions and I think that this is essentially a political body. I’m not an expert in the structures of the Libyan justice system but that’s how it’s been explained to me, so there are possibilities for appeal and review. We would hope that that – whatever appeals remain move through that process in an expeditious manner. It will have been eight years that these individuals have been in jail. And as you heard from the Secretary, we believe that a way should be found for these individuals to return home. That in no way diminishes our concern over the tragedy that was suffered by innocents, innocents that were infected by HIV and many of whom have lost their lives. It’s a terrible, terrible tragedy and we have actually worked with others in the international community to do what we can to try to address that issue in terms of easing the humanitarian – very real humanitarian situation there. |
| Sylvie | The Secretary said that you would – the U.S. Government would continue to work for their release. Have the Libyans, and it’s been publicly reported that Assistant Secretary Welch was there last Tuesday. |
| McCormack | Yeah |
| Sylvie | Over the weekend – Friday and Saturday, yeah. Is there – have they given you any reason to believe that they will indeed – has the Libyan Government given you any reason to believe that there may be a possibility of clemency if it does get to this final appeal? |
| McCormack | Arshad, you're still working through a judicial process here and just going to refrain from any further comment on the matter. We – our hope is that the appeal process is performed in an expeditious manner. |
| Sylvie | And how – originally you hope more than it just be done expeditiously, you hope that it yields a different outcome. |
| McCormack | We have from – for quite some time said that we had hoped a way could be found for them to return home. |
| Sylvie | How much of an impediment is this matter to the further improvement of U.S.-Libyan relations which have come a long, long way since December 2003? |
| McCormack | It is certainly a factor. But the U.S., as you point out, U.S.-Libyan relations have come a long way over the past several years and beginning with the point at which the Libyan Government decided to make that fundamental decision to give up its weapons of mass destruction and also to come to terms with the families of Pam Am 103. And they’re also working to address some of the other outstanding claims from families of victims of terrorism that are alleged to have been committed by either the Libyan Government or those acting on behalf of the Libyan Government, so they have come a long way. But we – this is – Bulgaria is a NATO ally. Bulgaria is a close friend. We have developing relations with Libya and we would like to see this chapter close. It’s been a terrible tragedy for all involved and we would hope to see this chapter close at some point for the Libyan people, also for the Bulgarian people and the individuals involved in this whole matter. |
| Sylvie | Would the successful resolution of this matter from your point of view help toward the exchange of ambassadors between the United States and Libya which has yet to take place or toward a visit by the Secretary to Libya which is also yet to take place? |
| McCormack | There’s not one single variable that will lead to a positive decision on either of those. I think there are a lot of different things that go into that calculation. |
| Sylvie | But is this – it would be a step in the right direction? Is that fair to say or without linking it – |
| McCormack | I don’t want to draw those sorts of linkages. I don’t want to draw those sorts of linkages. |
| Charles (Journalist, last name not given) | Just wondering, the Secretary said that the U.S. is going to continue to work on this. I’m just wondering if there’ll be any change in how the U.S. pushes for the release or there’ll be any new approach or effort. |
| McCormack | Well, David – David Welch, our assistant Secretary for Near East Affairs was just there last week. And I would expect not only at the level of our diplomatic representation in Libya, but also at the assistant secretary level and where it need be at a higher level, that’s going to continue. The Secretary has met from time to time with the Libyan Foreign Minister last time up in New York at the UN General Assembly so she will get involved as needed. But I would expect this is – this is an account that is really handled by David Welch. You know, he’s our action officer, but at the assistant secretary level. |
| Charles | Do you expect any further pressure to be put on Libya to expedite this in any way? |
| McCormack | We’ve said what we want to say about it. |
| Lambros | Yes. A follow-up on the Bulgarian issue, Mr. McCormack. I followed carefully whatever you said. Why you are politicizing the matter which is pure criminal and legal? Is there any specific reason? Is there any U.S. involvement with this human tragedy and catastrophe? |
| McCormack | What – I’m not sure I understand, Lambros. What – |
| Lambros | I followed very carefully what you said you are (inaudible) toward the other countries in order to help those Bulgarian medicine, the Palestinian doctor be freed. It seems to me that you are trying to politicize the matter. It’s pure a legal and criminal matter. But I was wondering why you do this? |
| McCormack | No. No, Lambros, there are two sides to this matter. |
| Lambros | Yes |
| McCormack | In terms of the explanation and what they say their involvement was on the side of the Bulgarians. The Libyans, of course, have a different story and they have their judicial process and we all know the story there and the judgment that to this point it has rendered. We have taken a look at the facts and we would hope that, as I said, that we could bring a close to this chapter. It’s been a terrible, terrible tragedy for everybody involved; for the Bulgarian nurses and medics that have been in prison for nearly eight years, the families who have suffered, the innocents who have died. It’s a terrible tragedy and we would hope that we could do our part to bring this chapter to a close. |
| Lambros | But did you prove scientifically that they didn’t – |
| McCormack | Excuse me? |
| Lambros | But did you prove scientifically that they didn’t do that? |
| McCormack | I’m not going to try to re-litigate the case up here from the podium. I think it’s – suffice it to say, there are two sides to the story. |
| Lambros | …The Bulgarian nurse’s issue, what did they [Secretary Rice and Minister Kalfin] say? |
| McCormack | Well, I think you heard the Secretary’s public statement and I don’t have anything to add to it. |
| Charlie | One more on this issue. Do you consider this case to be an example of meddling in the judicial process by the central government? |
| McCormack | In what regard? |
| Charlie | Well, was this dictated from Tripoli or – |
| McCormack | The verdict? |
| Charlie | Yeah |
| McCormack | To my knowledge, no. |
| Charlie | So in other words, it could well be just a defect in the legal system on their part? |
| McCormack | Like I said, it’s – in any judicial proceeding, there are two sides to any story. The Bulgarians have presented their side through their legal representation. The Libyan Government has come down on a different side. The judicial process has rendered its verdicts at a number of different points along the way. As far as I know, I can’t speak to any political interference in the judicial system, none that I’m aware of. I’ll be happy to look into it for you. Our hope is, though, that through the judicial process, that a way could be found to get these people home. Yeah, Nicholas. |
| Nicholas | Sean, you don’t seem to be willing to go as far as the European Commission has gone, which is to say that all the evidence suggests that these people were not the ones who infected the children, but it’s because of poor hygiene. Are you not willing to say that and if you’re not willing to take sides, because it would be taking sides in this case, then can you please say whether you think the trial was a fair trial? |
| McCormack | Nicholas, again, I’m not going to try to go back and re-litigate this case. I’ve said it before. The EU has come out with their pronouncements on it. We have said what we’re going to say about it. You will find, very often, in commentary on any range of matter, whether it’s legal cases or elections, you’ll have different judgments rendered. We have come through with our view of the matter. We would look forward, we would hope that, again, as I said, that this matter could be resolved. |
| Nicholas | You think it would be more productive to not take sides? |
| McCormack | We’ve said what we are going to say about it. Anything else on this? |
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