Post by ocelot on Jul 11, 2007 9:04:06 GMT -5
Libya's top court upholds death sentences in HIV case
Last Updated: Wednesday, July 11, 2007 | 9:18 AM ET
CBC News
Libya's Supreme Court on Wednesday upheld the death sentence of six foreign medical workers convicted of infecting hundreds of children in the northern African country with HIV.
The ruling did not mention a settlement announced Tuesday by the Gadhafi International Foundation, headed by the son of longtime Libyan Leader Moammar Gadhafi. The settlement, which likely involves compensation for victims' families, could resolve the case and allow the death sentence to be withdrawn.
The five Bulgarian nurses and Palestinian doctor were not in court to hear the ruling.
"The court has accepted the appeal in principle but rejects its content, therefore the court decided to uphold the verdict against them," Judge Fathi Dahan told the courtroom.
A possible reprieve could come from Libya's Supreme Judicial Council, which is headed by the minister of justice and has the power to approve or reject the convictions or set a lighter sentence. The council is scheduled to consider the case on Monday.
The six were arrested in 1999 after 426 children at the Benghazi city hospital contracted HIV, the virus that causes AIDS.
Fifty of the children have since died.
The medical workers, who worked at the hospital since 1998, were convicted and sentenced to death in 2004. The Supreme Court ordered a retrial, and that trial ended with the same verdict and sentence in December. An appeal to the Supreme Court was filed soon after.
Throughout the court cases, the prosecution maintained that the children were intentionally infected through experiments that were carried out in an attempt to find a cure for AIDS.
The defence argued that unhygienic hospital conditions led to the infections, which were already occurring before the foreign workers arrived at the hospital. The defence also said the medical workers made their confessions while being tortured and raped.
Financial compensation could settle case: officials
Gadhafi's son, Seif al Islam, said details of the settlement will be announced Wednesday.
Foundation spokesman Salah Abdessalaem would not confirm rumours that the settlement involves financial compensation for the children's families. He also would not say how the settlement will affect Wednesday's appeal ruling.
Libyan officials have said financial compensation could resolve the case and allow the death sentence to be withdrawn. Under traditional Islamic code often used in North Africa and parts of the Middle East, money can be used to compensate death and suffering.
Libya had previously tried to reach a deal which would have seen Bulgaria compensate the victims, but the Bulgarian government said the deal would imply the nurses' guilt.
The settlement announced Tuesday was reached between the Gadhafi foundation and the League of the Libyan Children Infected with AIDS, which represents the victims' families.
Gadhafi's son has been working for months to resolve the case, which has come at a time when Libya is trying to rebuild its ties with the United States and Europe.
The case has sparked international outrage, with U.S. President George W. Bush calling on Libya last month to free the medics.
Last Updated: Wednesday, July 11, 2007 | 9:18 AM ET
CBC News
Libya's Supreme Court on Wednesday upheld the death sentence of six foreign medical workers convicted of infecting hundreds of children in the northern African country with HIV.
The ruling did not mention a settlement announced Tuesday by the Gadhafi International Foundation, headed by the son of longtime Libyan Leader Moammar Gadhafi. The settlement, which likely involves compensation for victims' families, could resolve the case and allow the death sentence to be withdrawn.
The five Bulgarian nurses and Palestinian doctor were not in court to hear the ruling.
"The court has accepted the appeal in principle but rejects its content, therefore the court decided to uphold the verdict against them," Judge Fathi Dahan told the courtroom.
A possible reprieve could come from Libya's Supreme Judicial Council, which is headed by the minister of justice and has the power to approve or reject the convictions or set a lighter sentence. The council is scheduled to consider the case on Monday.
The six were arrested in 1999 after 426 children at the Benghazi city hospital contracted HIV, the virus that causes AIDS.
Fifty of the children have since died.
The medical workers, who worked at the hospital since 1998, were convicted and sentenced to death in 2004. The Supreme Court ordered a retrial, and that trial ended with the same verdict and sentence in December. An appeal to the Supreme Court was filed soon after.
Throughout the court cases, the prosecution maintained that the children were intentionally infected through experiments that were carried out in an attempt to find a cure for AIDS.
The defence argued that unhygienic hospital conditions led to the infections, which were already occurring before the foreign workers arrived at the hospital. The defence also said the medical workers made their confessions while being tortured and raped.
Financial compensation could settle case: officials
Gadhafi's son, Seif al Islam, said details of the settlement will be announced Wednesday.
Foundation spokesman Salah Abdessalaem would not confirm rumours that the settlement involves financial compensation for the children's families. He also would not say how the settlement will affect Wednesday's appeal ruling.
Libyan officials have said financial compensation could resolve the case and allow the death sentence to be withdrawn. Under traditional Islamic code often used in North Africa and parts of the Middle East, money can be used to compensate death and suffering.
Libya had previously tried to reach a deal which would have seen Bulgaria compensate the victims, but the Bulgarian government said the deal would imply the nurses' guilt.
The settlement announced Tuesday was reached between the Gadhafi foundation and the League of the Libyan Children Infected with AIDS, which represents the victims' families.
Gadhafi's son has been working for months to resolve the case, which has come at a time when Libya is trying to rebuild its ties with the United States and Europe.
The case has sparked international outrage, with U.S. President George W. Bush calling on Libya last month to free the medics.