The trial in Libya - POSITIONS OF STATES AND INTERNATIONAL ORGANIZATIONS

Libya has repeatedly reiterated its position on the trial in the case of the HIV infection of 393 children at the Benghazi hospital: the trial will be fair and impartial. The speech of Libyan leader Muammar Qaddafi in Abuja, Nigeria, in which he blamed the HIV epidemic in Libya on a CIA and Mossad conspiracy, has raised some doubt.

A number of foreign leaders have committed themselves, officially and unofficially, to help Bulgaria and urge Tripoli for a transparent and just trial.

In 2001 and 2001 the Bulgarian Foreign Ministry held sustained consultations with the Arab states which have embassies in Sofia and with the European Union member states. Mutual agreement was reached to use every opportunity and insist to the official Libyan institutions that the authorities in Tripoli ensure conditions for a fair and impartial trial.

International organizations have also taken a stand on the case. The International Association of Democratic Lawyers declared itself in defence of the Bulgarian defendants, Amnesty International condemned the ill-treatment of the Bulgarian health professionals in Libya, and Arab League Secretary General Amre Moussa obtained a promise from Tripoli of a fair, transparent and depoliticized trial.

LIBYA
At the early stages of the Bulgarians' trial, Libya repeatedly promised Bulgarian officials, including President Peter Stoyanov, the then foreign minister Nadezhda Mihailova, 38th National Assembly Chairman Yordan Sokolov and Prosecutor General Nikola Filchev, that the trial would be fair and impartial.

On April 27, 2001, addressing a conference in the Nigerian capital Abuja, the Libyan leader Muammar Qaddafi delivered a speech in which, without making a specific mention of the Bulgarian health professionals, accused the CIA and Mossad of conspiring to infect Libyan children with AIDS. "This is something terrible, a catastrophe, an odious crime. We have found a doctor and a group of nurses who possessed the HIV virus and who were asked to experiment effect of viruses of this type, AIDS, on the children in question," Colonel Qaddafi said in Abuja. "Who charged them with this odious task? Some said it was the CIA. Others said it was Mossad... The court trial is going on, it will become an international trial, like the Lockerbie trial," the Libyan leader added.

EGYPT
Egypt was one of the first countries to be approached by Bulgaria for help on the Tripoli trial. The then Bulgarian prime minister Ivan Kostov visited Cairo on September 27, 2000 and conferred with President Hosni Mubarak. According to the Associated Press and the local press, Kostov asked Mubarak, who is an influential figure in the Arab world, to intercede with Qaddafi for the release of the Bulgarian medics. The Al Ahram newspaper then reported that the Egyptian President intended to raise the question at a scheduled meeting with Qaddafi in early October. Kostov said that his position met with the Egyptian head of state's understanding.

Earlier, foreign minister Nadezhda Mihailova had also conferred with Mubarak to seek assistance.

RUSSIA
Former Russian intelligence officer Viktor Suvorov said on Radio Free Europe on May 13, 2001 that Russian President Vladimir Putin could secure the Bulgarians' release from Colonel Qaddafi but waited to receive such a request from Bulgaria.

At a news conference in Moscow on May 28, Russian Foreign Minister Igor Ivanov was asked about Russia's position on the trial in Tripoli. He answered that this is a bilateral matter between Libya and Bulgaria. Ivanov said, however, that Moscow would view in a positive light an invitation from Bulgaria to help the defendant medics if Russia is offered to take part in an international team of experts on the case. At the same news conference, the chief Russian diplomat announced that Muammar Qaddafi was to visit Moscow shortly.

US
The US Embassy in Sofia declared that Washington hopes the Bulgarian health professionals would have a fair trial. The American diplomats, however, declined to comment on Qaddafi's statement about a CIA plot to infect Libyan children with AIDS.

In the 2000 Country Reports on Human Rights Practices, the US Department of State mentioned Libya's poor prison conditions and quoted two of the Bulgarian defendants in the HIV infection case as claiming that "their confessions had been obtained under duress." The Reports also criticized the administration of the death penalty in Libya, including by sentences passed without trial.

US State Secretary Colin Powell (May 5, 2004):
The US is continuing to carefully follow the trial of the Bulgarian medics in Libya, US Secretary of State Colin Powell said emerging a meeting with Bulgarian Foreign Minister Solomon Passy late on May 5. Powell said he assured Passy that the US will continue to follow this matter very closely and do everything it can to bring pressure on the Libyan Government to resolve this matter so the Bulgarian medics are released and can return home. "The Minister and I have discussed this issue every time we have gotten together. I hope that the Libyan decision coming down from their courts, hopefully in the next 24 hours, will be a positive one", Powell said.

ISRAEL
Israel's Ambassador in Sofia Emanuel Zisman dismissed Qaddafi's allegations that the Israeli intelligence service Mossad was behind the AIDS epidemic in Benghazi as "a fabrication and a lie. "I have complete confidence in the Bulgarian nurses and doctors in Libya. There is absolutely no relations between their humane mission and Israel," Zisman told the Troud daily.

SOUTH AFRICA
South African Foreign Minister Nkosazana Dlamini-Zuma promised her Bulgarian counterpart Nadezhda Mihailova in Warsaw in June 2001 that South Africa will continue to cooperate in the search for a fair and impartial trial for the Bulgarian defendants in Tripoli.

The Bulgarian press has speculated that former South African president Nelson Mandela could arrange an exchange of the health professionals for Abdel Basset al-Megrahi, the Libyan who received a life sentence in the Lockerbie bombing trial. Mandela convinced Qaddafi to surrender the Libyan suspects in the Lockerbie case in exchange for lifting of the international sanctions. For the time being, however, the US and Britain have not removed the embargo against Tripoli. Qaddafi's statement that the non-Libyan defendants will have an international trial like the Lockerbie trial has given rise to allegations that the Libyan leader would use the Bulgarian medics' fate as a bargaining chip.

CHINA
On a visit to Sofia in late June 2000, Chinese Foreign Minister Tang Jiaxuan promised his host Nadezhda Mihailova assistance in ensuring a fair and transparent trial for the Bulgarian health professionals. Tang promised to discuss the matter with the Libyan leadership.

Amnesty International
15 September 2000

Libya: Concerns about health professionals' trial

Amnesty International fears that 16 health professionals on trial in Libya may receive the death penalty. The defendants are accused of infecting nearly 400 children with the HIV virus, while in a Libyan hospital. According to the Libyan authorities 23 of these children had died by the end of 1999. The charges are formulated under three articles of the Libyan Penal Code which prescribe the death sentence.

The organization's concerns are heightened by the fact that the defendants are alleged to have been tortured and that there have been serious irregularities in their pre-trial proceedings.

The trial of the nine Libyans and seven foreign health professionals, including one Palestinian and six Bulgarians, was formally opened on 7 February in Tripoli, before a People's Court but the hearings has been postponed on three occasions. The next hearing is now scheduled for 17 September 2000.

The defendants were arrested in January 1999, and have been held for about 10 months without access to the outside world, relatives or legal representatives. The foreign nationals on trial were only allowed access to defence lawyers after the opening of the trial. In mid-May 2000 the Libyan defence lawyer for the Bulgarian defendants told the media that he had only met his clients on two occasions.

The Libyan defence lawyer also reported that two Bulgarian defendants and the Palestinian defendant claimed that their confessions had been obtained under duress. Earlier, Bulgarian officials complained that the Libyan authorities have not reacted to their call to investigate the defendant's allegations of having been forced into false confessions.

Amnesty International calls on the Libyan authorities to conduct impartial and prompt investigations into the allegations of ill-treatment and torture of the defendants and ensure that they have adequate access to their relatives, legal representatives and doctors. "The Libyan authorities should ensure that the defendants are tried according to international standards of fair trial," Amnesty International said, "And give assurances that the defendants will not be sentenced to death."

Amnesty International
27 April 2004

Libya: Time to make human rights a reality

Excerpted from a report published after a four-member Amnesty International delegation visited the Libyan Arab Jamahiriya for two weeks in February 2004, following a 15-year absence from the country.

Foreign nationals in the so-called HIV trial

In a separate case, over five years after their arrest in January 1999, six Bulgarian health professionals (Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka, Snezhanka Ivanova Dimitrova and Zdravko Marinov Georgiev) and one Palestinian doctor (Ashraf Ahmad Jum'a) are still on trial, alongside nine Libyan doctors. The foreign defendants are accused of deliberately infecting 426 children with the HIV virus(42), while working in al-Fateh Children's Hospital in Benghazi. At the time of writing, a verdict was scheduled to be handed down on 6 May 2004.

While Amnesty International recognizes the pressing need to bring to justice anyone responsible for the tragic consequences for these children and their families, it is imperative that the rights of the accused are respected at all stages, from the moment of their arrest. It is only by means of a fair trial that follows due legal process that the truth will emerge about how these children became infected with the HIV virus and those responsible be held fully to account.

After their arrest, the seven foreign nationals were held for more than a year with only intermittent access to the outside world, namely to their relatives and lawyers and, in the case of the Bulgarian nationals, to representatives from their embassy. For the first nine months, representatives from the Bulgarian Embassy in Tripoli met the defendants three times before meetings with the Embassy became more regular from June 2000. They met defendants on 25 February 1999, 29 April 1999 and 30 October 1999. Not all of the defendants were present at the first two meetings. For example, Nasya Stojcheva Nenova and Valya Georgieva Chervenyashka were not brought to the meeting on 25 February 1999, apparently because they exhibited scars of torture which they had undergone.

The seven foreign nationals were first brought before the Popular Prosecution Office on 16 May 1999, approximately four months after their arrest. They were subsequently taken to the Popular Prosecution Office every 30 to 45 days in order to have their detention order renewed. The first time they were granted access to a lawyer was in February 2000, after their trial had opened before the People's Court.

The very limited access to the outside world, in the form of the representatives of the Bulgarian Embassy for the Bulgarian nationals and of the Popular Prosecution Office for all the foreign defendants, did not safeguard the defendants against torture or ill-treatment. When the defendants were granted limited access to the outside world, they explained that they were too frightened to report their allegations of torture. The Bulgarian defendants told Amnesty International delegates that those torturing them instructed them not to mention their treatment to their diplomatic representatives. At the level of the prosecution, defendants said that they were taken to the Popular Prosecutor by some of those who had carried out the torture and were threatened with further torture if they did not "confess" in front of him. In the case of Ashraf Ahmed Jum'a, he was reportedly beaten on one occasion in the Popular Prosecution Office.

The foreign defendants told Amnesty International that they had been tortured in order to extract confessions, which they later retracted on the basis that they had been forcibly coerced. Methods of torture they reported included: extensive use of electric shocks; being suspended from a height by the arms; blindfolding and threats with being attacked by barking dogs; and beatings, including falaqa (beatings on the soles of the feet) and with electric cables. They said that they were tortured for approximately two months; sometimes on a daily basis. After that, the torture ceased to be used on them routinely. When Ashraf Ahmed Jum'a's parents saw him for the first time on 30 November 1999, 10 months after his arrest, they described their reaction to Amnesty International: "We did not recognize our son because he looked so terrible. We stood there for 10 minutes just holding each other and crying."

All the foreign defendants deny the accusations against them. Valentina Manolova Siropulo told Amnesty International: "I was denying the accusations against me [even after the torture had started] until they began with the electric shocks. I began to "confess" in order to stop them using electric shocks. They would raise or lower the voltage according to what I said."

Their trial began before the People's Court. However, in February 2002 their case was transferred to the Criminal Prosecution Service, which forms part of the ordinary criminal justice system. In May 2002 the foreign nationals raised allegations of torture before the prosecutor. On the basis of these allegations, the prosecutor referred the defendants for a medical examination. In June 2002 a Libyan doctor, appointed by the prosecutor, examined the defendants and, in all cases except for Zdravko Marinov Georgiev, found traces on their bodies which he argued resulted from "physical coercion" or "beatings" or both. This evidence was subsequently refuted in court by another Libyan doctor, called to give expert opinion, who argued that it would have been impossible to identify traces of torture after so much time had passed but did not examine the defendants himself.

On the basis of these allegations, eight members of the security forces and two others (a doctor and a translator) in their employ were charged in connection with the torture. They face trial alongside the foreign and Libyan health professionals before the same criminal court in Benghazi. Some of the officers alleged that they themselves had been tortured in order to confess that they inflicted torture on the defendants in the trial. At least one of them confessed to having tortured some of the defendants and named several of the others as having tortured them too. Another officer reportedly denied torturing them himself but said that he had witnessed others torturing them. During the February 2004 visit, Amnesty International delegates interviewed two of the police officers accused of having inflicted torture, who denied the allegations against them.

After the Criminal Court in Benghazi sentenced to death the five Bulgarian nurses and the Palestinian doctor (May 6, 2004)

Bulgarian President Georgi Purvanov (May 6, 2004):
"Bearing in mind the facts and materials uncovered so far and the categorical conclusions of leading AIDS experts, the guilt of the Bulgarians can hardly be considered proved," President Georgi Purvanov told the press in a special statement immediately after the Criminal Court in Benghazi said that it sentenced to death five of the six Bulgarian defendants. "I would like to believe that the next court instance will make an unbiased and comprehensive analysis of the collected evidence and come out with a fair judgement as soon as possible." The President assured the Bulgarian medical workers and their families that the Bulgarian state will persevere in its efforts to guarantee a fair outcome of the trial.

Irish Minister for Foreign Affairs Mr. Brian Cowen T.D., EU External Relations Commissioner Christopher Patten and EU High Representative for the Common Foreign and Security Policy Javier Solana spoke on behalf of the EU about the sentences against the Bulgarian medics at a final news conference in Dublin Thursday after the ministerial on EU-Mediterranean Partnership (May 6, 2004).

External Relations Commissioner Christopher Patten:This verdict casts a shadow over the EU's recently improving relations with Libya. The EU was shocked and deeply concerned by the sentences, hopes that the Libyan authorities would promptly consider this concern and the fully justified stand of the Bulgarian Government.

Speaking to Libyan Foreign Minister Abd al-Rahman Shalgam, Irish Foreign Minister Brian Cowen, whose country currently holds the rotating presidency of the EU, expressed deep concern over the verdict and the death sentences. He said he insisted before Libya's chief diplomat on finding a satisfactory solution proceeding from the criteria set by the EU for improving its relations with Libya.

The EU Presidency and the EU Troika met Libyan Foreign Minister Abd al-Rahman Shalgam in Dublin, and expressed deep disappointment over the sentences and insisted that Libya carefully assess the need to have them reconsidered.

German Chancellor Gerhard Schroeder (Berlin, May 6, 2004):
Germany can and will try to help solve the humanitarian issue of the Bulgarian medics in Libya in their interest, Schroeder told a news conference after meeting Bulgarian Prime Minister Simeon Saxe-Coburg-Gotha who is on a one-day working visit to Germany. He described the sentences of the five Bulgarians as "unacceptable". He declined to reveal details of a discussion on the Libyan sentences he had had with the Bulgarian government leader, saying that giving it too much publicity could harm the efforts for reconsidering the sentences. He called on the Bulgarian public not to overexpose the issue as this may impede the mission's success.

Council of Europe (Strasbourg, May 6, 2004):
Council of Europe Parliamentary Assembly President Peter Schieder Peter Schieder said he was devastated at the news from Tripoli. "I hope that an appeal will be made and that the court ruling will be reversed. I do hope that goodwill will prevail in Tripoli, which has just reopened its dialogue with Europe," he said.

"Throughout Europe, capital punishment has long been abolished or no longer used, and we would expect Libya to subscribe to this fundamental value," he said.

European Commission Statement of President Prodi (6 May 2004):
We have learnt this morning that the Court in Benghazi today sentenced the Bulgarian medics to death.

It appears that the Court said that they deliberately infected hundreds of Libyan children with the HIV virus.

The EU has repeatedly expressed its serious concerns regarding the conduct of the investigations, the treatment of the defendants and the delays in bringing the case to a conclusion. It has also expressed concerns about the lack of compelling evidence of the guilt of the defendants. The case was made to the Libyans authorities again this morning when the Troika met with them in Dublin at the Euromed Ministerial meeting.

The Commission is extremely preoccupied and deeply disappointed by the court's ruling. While it had expressed its solidarity with the Libyan families and in continues to do so, it also reiterates its total opposition to the death penalty.

The Commission remains in contact with the Libyan authorities and will urge them to reconsider the case to reach a satisfactory situation at soonest.

Amnesty International
Press Release
6 May 2004

Libya: Quash death sentences against foreign medical professionals

Six foreign medical professionals were sentenced to death by firing squad by the Benghazi Criminal Court in Libya today.

"We are shocked by the imposition of these death sentences and call for the Libyan authorities to immediately quash them," Amnesty International said in response to the sentences.

Those sentenced to death are: five Bulgarian health professionals -- Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka and Snezhanka Ivanova Dimitrova -- and one Palestinian doctor -- Ashraf Ahmad Jum'a.

They are accused of deliberately infecting 426 children with the HIV virus, while working in al-Fateh Children's Hospital in Benghazi. Zdravko Marinov Georgiev, a sixth Bulgarian defendant, was sentenced to four years' imprisonment. Nine Libyan doctors in the same trial were all acquitted.

The foreign defendants told Amnesty International delegates, visiting Libya in February 2004, that they were tortured in order to extract confessions, which they later retracted on the basis that they had been forcibly coerced.

Methods of torture they reported included: extensive use of electric shocks; being suspended from a height by the arms; being blindfolded and threatened with being attacked by barking dogs; and beatings, including falaqa (beatings on the soles of the feet), and being beaten with electric cables. It is not yet clear whether they were convicted on the basis of these "confessions" or other evidence.

"Amnesty International reminds the Libyan authorities that evidence extracted under torture must not be invoked as evidence in any legal proceedings."

The men and women have the right to appeal against their sentences before the Supreme Court. If the death sentences are confirmed, they cannot be implemented without the consent of the country's highest judicial body, the Supreme Council of Judicial Bodies.

"Although the Libyan authorities have repeatedly stated their aim to abolish the death penalty, death sentences continue to be handed down and implemented. The Libyan authorities must begin to turn words into action and establish a moratorium on the death penalty."

On the basis of the allegations of torture, eight members of the security forces and two others (a doctor and a translator) in their employ were charged in connection with the torture. They faced trial alongside the foreign and Libyan health professionals before the same criminal court in Benghazi.

In today's hearing, the court pronounced that it was not competent to examine their cases. It is not clear whether they will be tried before another court or whether the charges against them will not be heard before a court of law.

"Those accused of having carried out acts of torture must stand trial, in proceedings which are internationally recognized as fair."

Amnesty International recognizes the pressing need to bring anyone responsible for the tragic consequences for these children and their families to justice. However, it is imperative that the rights of the accused are respected at all stages from the moment of their arrest.

It is only by means of a fair trial that follows due legal process that the truth will emerge about how these children became infected with the HIV virus and those responsible be held fully to account.

* * *

U.S. State Department
Daily Press Briefing
Richard Boucher, Spokesman

Washington, DC
May 6, 2004

QUESTION: Bulgarian National Television. Mr. Boucher, five Bulgarian doctors were sentenced to death in Libya on false accusations of causing AIDS to Libyan children. How do you think the United States could help those people? And what do you intend to do?

MR. BOUCHER: The United States has frequently discussed this case with the Bulgarian Government, including the Foreign Minister, who was just here in Washington . We have been following this very closely for five years. I think you know we've been very critical of Libyan violations of the legal and human rights of the Bulgarian medics. We find the verdict that was pronounced in the court to be unacceptable, and we've raised this case frequently with senior Libyan officials.

An official from the U.S. Interests Section in Tripoli attended the trial proceedings in Benghazi . We recognize the great human tragedy that occurred in Benghazi and our deepest sympathy is extended to the families of 400 children who were infected with the HIV/AIDS virus; the death of over 40 children is also a devastating toll.

But in this particular case, we note the defendants have the right to appeal their verdict, and we urge the Government of Libya to take steps to resolve this case quickly.

As the Secretary said yesterday on this, the United States will continue to follow this matter closely and do everything we can to bring pressure on the Libyan Government to resolve this matter so these people are released and can return home.

QUESTION: Same subject?

MR. BOUCHER: Same topic?

QUESTION: Bulgarian National Radio. Did you contact yet somebody of Libyan Government?

MR. BOUCHER: As I said, U.S. officials in Tripoli , who attended the trial, have also been contact with the Libyan Government about this.

QUESTION: Has there been follow-up since the verdict, Richard?

MR. BOUCHER: Now that I look at it, let me make sure absolutely sure it's since the verdict; certainly, we've talked to them all along the way.

QUESTION: Does the Libyans' handling of this case, and what you just said it in your statement, as there are repeated violations of the, I think you said, human rights of the Bulgarian medics, hinder Libya's efforts to get off the -- to get out from under the various U.S. sanctions on them?

MR. BOUCHER: The various U.S. sanctions are often imposed for different reasons. Whether this case has relevance to one or the other, I don't know -- one or the other set of sanctions, I don't know. But it is certainly a matter of importance to us that we have raised and discussed with the Libyan Government and will continue to follow it very closely.

Sir.

QUESTION: A new subject, Georgia?

QUESTION: No, no, no.

MR. BOUCHER: Okay, in a minute.

QUESTION: I just want to make sure that I O I think I know the answer to this, but I was just wondering, did you agree, are you agreeing with the premise of the very first question, that all the accusations against these people are false? Is that why this verdict is unacceptable, or it's --

MR. BOUCHER: I have said we think the verdict is unacceptable. I'll just leave it at that for the moment.

QUESTION: What do you think of the actual charges?

MR. BOUCHER: I'll just say what we think of the verdict at this point.

QUESTION: Why is the verdict unacceptable? Is it unacceptable because the trial went on for five years? Is it unacceptable because there are problems with the sentences?

MR. BOUCHER: I think that the circumstances of the trial, the whole circumstances of the trial and the verdict and the sentences that were reached, we find to be unacceptable.

QUESTION: Well, okay, the Secretary said yesterday that these people should be released and allowed to return home. Mr. Bradtke said the same thing back in February.

MR. BOUCHER: And I said the same thing today.

QUESTION: That would -- and that would imply, at least, that you think that the allegations are without -- well, the charges were without merit. But I just -- I want to make sure that I understand why you think this.

MR. BOUCHER: I will see if we have taken a position on the charges themselves. We think that, certainly, there was a humanitarian tragedy that occurred but that the prosecution of these individuals for that has led to a verdict that we consider unacceptable.

QUESTION: And do you know if your officials or if Assistant Secretary Burns, when he was in Tripoli, or anyone, in their conversations with Qadhafi or higher-ups, have called on him to renounce his suggestion of several years ago that these infections were in fact -- that these infections may have been part of a CIA-Mossad plot to spread AIDS in the Muslim world.

MR. BOUCHER: I don't know if that kind of accusation has ever come up. Certainly, we've made clear over the years that that's about as untrue as anything one can imagine.

QUESTION: Mr. Boucher, a follow-up. As U.S. Government, did you investigate this case thoroughly, what happened exactly in Libya , besides what has happened in the court, as an incident? Did you find out? What is your Ambassador saying in Libya vis-a-vis to this tragedy?

MR. BOUCHER: First of all, we don't have an Ambassador in Libya ; second of all, we haven't had people in Libya for very long; and third of all, we're not an investigating authority in Libya . So the premise is just impossible.

QUESTION: But (inaudible) mention who is in contact with Libya . You might not have an official Ambassador in the capital. But I'm wondering, somebody is representing your interests in Libya , should they then investigate thoroughly this case, what happened besides that?

MR. BOUCHER: We are not an investigating authority in Libya . That's all I can tell you at this point.

MINISTRY OF FOREIGN AFFAIRS OF THE RUSSIAN FEDERATION
11 May 2004

INFORMATION AND PRESS DEPARTMENT
DAILY NEWS BULLETIN

Alexander Yakovenko, the Spokesman of Russia's Ministry of Foreign Affairs, Answers a Question from Bulgarian National Radio Concerning Libya Death Sentence for Bulgarian Medics
1026-11-05-2004

Question: Please comment on the decision of a Libyan court to sentence the Bulgarian medics who worked in Libya to death. Answer: On May 6 the court of Benghazi passed a death sentence on the five Bulgarian medics who worked under contract in a children's hospital of that city and who were accused of involvement in the infection of 393 Libyan children with the AIDS virus. According to our information, the Bulgarian medics' lawyers intend to appeal this decision in the Supreme Court of Libya.

For our part, we hope that an additional trial in Tripoli, in which all the facts and the opinions of people involved in this case will be comprehensively examined and taken into account, will help to save the Bulgarian medics' lives.

* * *

World Medical Association
Press Release
15 May 2004

WMA Appeals to Libya to Lift Death Sentences

The World Medical Association has appealed to the Libyan authorities to lift the death sentence on the Palestinian doctor and the five nurses found guilty in Benghazi last week of infecting more than 400 children with AIDs.

Dr Ashraf Ahmad Jum'a and the five nurses were sentenced to death despite evidence at the trial by medical experts that the children's infections were caused by poor hygiene at the hospital where they were working.

Dr Yoram Blachar, chairman of the WMA Council, said after today's meeting of the WMA in Divonne-les-Bains, France:
'I appeal to the Libyan authorities to quash this sentence. It is completely unjustified. I have asked WMA members attending next week's World Health Assembly in Geneva to seek a meeting with their medical colleagues from Libya to see how we can ensure that these health professionals are fairly treated.'

The WMA meeting heard a plea for help from Dr Svetoslav Stoimenov, the Bulgarian delegate to the WMA. He told the meeting that the six health professionals were innocent. He said they had been forcibly detained for more than five years and had been tortured.

* * *

National Assembly President Gerdjikov has sent a letter to the Presidents of the European Parliaments
Monday, 24 January 2005

National Assembly President Prof. Ognian Gerdjikov has sent a letter to the Presidents of the Parliaments of European and other countries he had met before. The letter says:

YOUR EXCELLENCY,

Let me express once again my reasonable and deep concern in respect of the recent declaration of the General PeopleOs Congress of Libya regarding the judicial proceeding against the Bulgarian medics. As is well known, in this document the General PeopleOs Congress of the Libyan Arab Jamahiriya demanded compensations for the families of the children infected with AIDS and the heaviest sentence for those responsible for the epidemic in the pediatric hospital in Benghazi.

I take this opportunity to thank You for Your support so far and to remind You that the Bulgarian State is taking active and consistent steps before the international community so that the problem with the legal proceeding against the Bulgarian medics is settled as soon as possible in a legally justified and humane manner. Bulgaria firmly believes that the Bulgarian medics sentenced to death are innocent O there is sufficient and undeniable evidence of that. Along with that, Bulgaria also makes considerable efforts towards having efficient support provided immediately to the affected Libyan children and their families, as well as towards arriving at a thorough solution to the particularly grave problem of the AIDS expansion in Africa.

Your Excellency,

Referring to the excellent and friendly relations between the parliaments of our two countries, let me extend an appeal to You to have these noble and humane causes, which the Republic of Bulgaria firmly defends, supported with the instruments of the international parliamentary cooperation.

* * *

US Department of State
Daily Press Briefing
Adam Ereli, Deputy Spokesman

Washington, DC
March 25, 2005

QUESTION: Thank you. We are a group of Bulgarian media. We understand that last week the United States, Bulgaria and the European Union had a trilateral meeting in Washington to discuss the case of Bulgarian medics in Libya. What are the results of this meeting and what will be the United States contribution to save the Bulgaria medics in Libya?

MR. ERELI: Let me begin by saying that Secretary Rice and Foreign Minister Passy had a very good meeting today. They talked about, obviously, our bilateral relationship and they agreed that it is in great shape; that we've really developed a strong and warm partnership and that's certainly evidenced in Bulgaria's very important and valuable role in Afghanistan, in Iraq, and in the Balkans and in European institutions as well.

We did discuss the issue of the imprisoned Bulgarian medics in Libya. Secretary Rice affirmed for Foreign Minister Passy the determination of the United States to do everything possible, everything within our power to obtain the release of these prisoners who have been in Libyan prisons for much too long and without cause -- or without justification.

I can tell you that last week senior level officials of the United States, the European Union and Bulgaria met in Washington to discuss the case of these workers and to explore avenues for their release. We will continue with these consultations. We will continue to work together to impress upon Libya our common desire, our commonly shared belief that the medics should be released, that there were serious flaws in the investigation and in the prosecution of the case and that we would like to see them returned to their country as soon as possible.

QUESTION: Sir, first of all, you said that they explored ways. Did they draw any plan or it's too early for this?

MR. ERELI: I think they agreed on the importance of continuing to work together both as a threesome to engage with Libya on the release so that they agreed that they would continue to consult; they would continue to meet. I think they discussed ways of -- and ideas for achieving their release but I don't have any details to share with you.

Thank you.

* * *

Physicians for Human Rights

March 31, 2005

International Human Rights Groups Visit Bulgarian Nurses Imprisoned in Libya and Renew Call for Their Release Despite Recent Rebuff by Libyan Leader Colonel Muammar Gaddafi
Physicians for Human Rights and the International Federation of Health and Human Rights Organisations (PHR/IHFFRO) continue to seek the release of five Bulgarian nurses and a Palestinian physician sentenced to death in May 2004 on charges of infecting over 400 children with HIV at Benghazi hospital. The groups call on Libya to fully investigate conditions at al-Fateh Children's Hospital where the 400 children were infected and urge the government to cease blaming foreigners for a domestic health crisis.

"The infection of over 400 children with HIV is a terrible tragedy and everything must be done to assure proper care and treatment for these children. However, this situation requires immediate attention to address challenges within Libya's health care system by conducting an investigation of health care conditions at hospitals," said Dr. Joost Den Otter, a physician and prison health expert affiliated with PHR/IFHHRO, who visited the nurses in their Tripoli jail in February 2005.

Dr. Den Otter, conducted a four-day medical assessment of prisoners in the Libyan Arab Jamahiriya. Dr. Den Otter met with imprisoned political dissident Fathi el-Jahmi (see www.phrusa.org or www.ifhhro.org) and visited with the five Bulgarian nurses at Tripoli's Correctional Institute for Women on February 22, 2005 (Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka, and Snezhanka Ivanova Dimitrova ). He did not meet with Ashraf Ahmad Jum'a, the Palestinian doctor.

The health professionals are reportedly scheduled to appear before Libya's Supreme Court on May 31. Mr. Gaddafi stated at a recent Arab League summit in Algiers that the defendants would not be set free.

The imprisoned nurses informed Dr. Den Otter that each one of them is suffering from a chronic illness, though none of them receives regular medical care. They complained that many scheduled visits are often postponed indiscriminately for one or more weeks. At the time of their visit with Dr. Den Otter, the nurses were awaiting a visit from a dentist. When medical visits do occur, there is rarely if ever any follow-up. One of the nurses mentioned that she had been suffering from a serious eye problem for at least three months. At the time of Dr. Den Otter's visit, she had still not seen an ophthalmologist. Others complained of kidney, heart, and dental ailments without appropriate treatment.

Musculoskeletal disorders were a prominent concern for the nurses, problems they attributed in part to their age, but more likely to their lack of exercise. The nurses told Dr. Den Otter that they were allowed to leave their cells only twice a week for one hour. When they are permitted to leave, they can only walk on their patio, which is a few square meters. "The only thing we are allowed to do here is eat and sleep,"stated one nurse. They described arthritis-like symptoms (swelling, pain, restriction of movements). Their request for more freedom of movement inside their prison compound has gone unheeded as has their request for a visit with a physical therapist.

In May 2004, dozens of the world's leading virologists and AIDS doctors sent an open letter, organized by PHR, to Colonel Gaddafi protesting the death sentence of the health professionals. Signers included the co-discoverers of HIV, Professor Luc Montagnier and Dr. Robert Gallo, as well as virologist Dr. Ashley Haase, chair of University of Minnesota's Department of Microbiology. Professor Montagnier and Italian microbiologist Vittorio Colizzi sampled viruses from the infected children and determined that many of the victims had been infected with HIV before the arrival of the nurses and doctor in 1998. Furthermore, the presence of co-contaminants Hepatitis B and C suggests that the victims had been infected by unsanitary conditions at the hospital rather than by any deliberate action.

Since June 2003, the nurses have received regular, weekly visits from representatives of the Bulgarian Embassy, but they are unable to call the Embassy in advance to make any requests and are denied visits from a Bulgarian priest.

The conditions of confinement imposed on the five Bulgarian nurses violate the guidelines detailed in the United Nations Standard Minimum Rules for the Treatment of Prisoners. According to the Standard Minimum Rules, "every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits." The Libyan Government has not met its requirements for medical care with respect to the nurses.

The visit with the nurses occurred only a few hours before Dr. Den Otter's departure from Libya, thereby limiting its length and scope. Dr. Den Otter was not able to interview the nurses in private. Libyan officials and security staff were present throughout the interview with four of the five nurses. Dr. Den Otter spoke briefly with the fifth nurse when he toured the prison grounds. Libyan officials told Dr. Den Otter that the nurses felt comfortable speaking in the presence of others. During the interview, however, the nurses conveyed that they were concerned by their lack of privacy, even when consulting health professionals.

PHR/IFHHRO reiterates its call for the release of the foreign health professionals sentenced to death in Libya. It has also pushed the Government to conduct a complete investigation into the conditions at al-Fateh Children's Hospital where the 400 children were infected. This situation requires immediate attention to address problems within the health infrastructure, which PHR has emphasized occur in many countries.

* * *

Physicians for Human Rights

Colleagues at Risk

Bulgarian and Palestinian Health Professionals Sentenced to Death in Libya
The Six Were Reportedly Tortured while in Prison and Convicted with Insufficient Evidence

Five Bulgarian nurses and a Palestinian doctor were sentenced to death on allegations of intentionally infecting over 400 children with HIV at al-Fateh ChildrenТs Hospital in Benghazi, Libya. The six health professionals were sentenced to death by firing squad after reportedly being detained for five years, tortured, and, in some cases, raped by Libyan authorities. They were convicted of intentionally infecting the children, despite evidence that the spread of HIV among these children began before the foreign workers arrived in Benghazi, and that unsafe medical conditions were likely the reason for the spread of the virus. Nine Libyan health workers also accused of intentionally spreading AIDS among these children were acquitted. LibyaТs Supreme Court is scheduled to hear their appeal on May 31st.

Background Information
In 1998, five Bulgarian nurses, a Bulgarian physician and a Palestinian-born physician arrived in Benghazi, Libya to serve at the al-Fateh Children's Hospital. In 1999, 16 health professionals -including these seven international medics and nine Libyan health professionals- were arrested and detained by Libyan authorities. Most of the aforementioned individuals were charged with having infected over 400 children at the hospital. In the years since, more than 40 of the children have died from AIDS.

In early May of 2004, the five Bulgarian nurses and Palestinian doctor were convicted of the charges. The Bulgarian nurses are Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka, and Snezhanka Ivanova Dimitrova. Ashraf Ahmad JumТa is the Palestinian doctor. They were sentenced to death by firing squad. The death sentences were handed down before a process to investigate the alleged torture of the prisoners was even completed. All of the Libyans implicated in the case were acquitted. The detainees maintain that they gave false confessions as a result of torture by Libyan authorities, including being subjected to electric shocks, suspended, beaten and raped.

The medical evidence collected by Professors Luc Montagnier, co-discoverer of HIV, and Vittorio Colizzi and supported by the World Heath Organization and many of the worldТs leading virologists asserts that the infections at al-Fateh Hospital began before the arrival of the international medics and continued after their departure. Professor Montagnier testified on the medicsТ behalf at the trial. The evidence also demonstrates that the outbreak was the result of an acute breakdown in the hospitalТs service delivery system.

The transmission patterns at al-Fateh Hospital mirror ones that occurred in Romania in the late 1980s and early 1990s, during which time thousands of children became infected with HIV through an undetected supply of tainted blood and improperly sterilized needles. Unfortunately, such transmission patterns are relatively common and have been well documented in all too many health care settings, such as in the cases of Americans receiving blood transfusions in the1980s who were infected with HIV due to an unsafe blood supply. In addition, the World Health Organization has estimated that worldwide, 260,000 HIV infections occur every year because of medical injections given with un-sterile needles and syringes.

Human Rights Issues
PHR is very concerned that these prisoners have been subjected to incommunicado arrest, prolonged pretrial detention, torture, procedural irregularities, and an unfair trial. The defendants were tried for undermining and attacking the security of the Libyan State. Specific charges include intentional killing with a lethal substance (Article 371), random killing with the aim of attacking the security of the State (Article 202), and causing an epidemic through spreading harmful microbes, leading to the death of persons (Article 305). Additionally, the Bulgarian nurses were charged with having sexual relations with a man out of wedlock and with possession and production of alcohol.

There is also evidence of serious irregularities in their pre-trail proceedings. Amnesty International reports that the defendants have been in detention since January 1999 and for about ten months had no access to the outside world, relatives or legal representatives. The foreign nationals on trial were only allowed access to defense lawyers after the opening of the trial. The periodic postponement of trial dates and the unlawful pre-trial detention is in violation of Article 9(3) of the International Convention on Civil and Political Rights (ICCPR), to which Libya is a signatory. The article states that "Anyone arrested or detained shall be entitled to trial within a reasonable time or release." PHR deems their five year detention before trial to be an unreasonable amount of time. Article 14 calls for a "fair and public hearing by a competent, independent and impartial tribunal established by law." Reliable reports indicate that the prisoners have been denied access to proper legal counsel or representation. When these health workers were first arrested, PHR proposed that the presence of an international mission of independent monitors would encourage a more objective and transparent public trial thereby rectifying the above mentioned violations.

The death penalty is in direct violation of the Universal Declaration of Human Rights and the International Convention on Civil and Political Rights, both of which call for the inherent right to life. Article 4 of the ICCPR further states that "Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases."

Legal Proceedings
The medics have repeatedly provided testimony that during the first several months of their detention, they were raped and tortured, sometimes on a daily basis. During this period of repeated torture, the medics confessed, providing the prosecution with its main source of evidence.

The 10 Libyans, nine police officers and a physician, accused of torturing the medics to extract false confessions are now facing trial for their crimes. On May 24th, the criminal court hearing, which had been adjourned five times, reportedly listened to statements from the lawyers for the defense and the prosecution. The court is now scheduled to issue its final ruling on June 7th. On May 31st, LibyaТs Supreme Court is expected to rule on the international medicsТ appeal. The Court can reportedly confirm the death sentence or commute the trial.

Care for the Children
The children infected with HIV at al-Fateh Hospital are undoubtedly the most innocent victims of this unfortunate incident, and they will now spend the rest of their lives navigating HIV/AIDS treatment protocols. PHR has learned of collaborative efforts to provide the children of Benghazi with quality care and of the Libyan governmentТs involvement in facilitating the design and implementation of this extremely important service-delivery program. Reports suggest that all of the children are now receiving life-saving antiretroviral drug therapy, thereby greatly improving their health and prospects for a better life.

Political Compromise
Libya has openly requested that the Bulgarian government compensate the families of the children infected with HIV. The Bulgarian authorities initially opposed this proposal, indicating that by accepting this deal, they would be acknowledging the health workersТ guilt and buying their freedom.

Libyan officials have discussed the possibility of releasing the Bulgarian nurses if the government of Scotland releases a Libyan national serving a life sentence in Scotland for the 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland. Recent reports suggest the possibility that a political and financial compromise could be negotiated.

The Appeal
PHR remains gravely concerned about all of the many victims of this crisis, especially the children who have died, those who are living with HIV and their families. News of efforts to provide care for the children and the involvement of the Benghazi Government is assuring, in that it allows the families and the international community to know that the children have not been forgotten. PHR, however, remains concerned about the fate of the five nurses and Palestinian-born physician. PHR urges the government to immediately and unconditionally release these health professionals on humanitarian grounds, in acknowledgement of their efforts to provide essential medical services to those in need.

* * *

World Council of Churches

May 24, 2005
WCC appeals to Libyan leader for clemency

Reacting to the verdict of a Libyan court which has condemned to death six foreign health workers, World Council of Churches (WCC) general secretary Rev. Dr Samuel Kobia has asked H.E. Mu'ammar al-Gaddafi, Leader of the Revolution, to spare their lives on humanitarian grounds.

The health workers - five Bulgarian nurses and a Palestinian doctor - have been convicted of deliberately infecting some 400 children with HIV in an attempt to find an AIDS cure.

The health workers have protested their innocence and claimed that they were tortured by the police.

Kobia's 24 May letter to the Libyan leader invokes the WCC's long-standing opposition to capital punishment as being contrary to "Christian principles of compassion and love dear to all religions".

The full text of the letter follows:

"I write to you on behalf of the World Council of Churches, a fellowship of 347 member churches from all over the world.

We are deeply disturbed at the sentencing to death of six health workers, including five Bulgarian nurses and one Palestinian doctor, by the Court in Libya. The six health workers who worked at a childrensТ hospital in Benghazi have been charged with causing the death of 40 children and of infecting almost 400 others with HIV.

The World Council of Churches is opposed to capital punishment. It believes that all human beings created in GodТs image have inherent dignity and are of infinite worth and that the taking of human life is against the will of God. The capital punishment operates against the Christian principles of compassion and love dear to all religions. As long-standing advocate for the abolishment of capital punishment the Council has consistently urged governments to sign and ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights that aim at the abolition of the death penalty.

We therefore appeal to your Excellency on humanitarian grounds to grant clemency and spare the lives of Kristiana Vulcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka, Snezhana Dimitrova and Ashraf al-Hajuj.

WCC member churches throughout the world would appreciate the gesture of clemency on the part of Your Excellency."

* * *

Physicians for Human Rights

May 25, 2005

Bulgarian Nurses and Palestinian Physician Falsely Accused of Intentionally Infecting Over 400 Children with AIDS--Death Sentence Appeal is May 31
Tragedy continues as more than 40 children die; now reportedly receiving state-of-the art medical care

Physicians for Human Rights seeks the immediate and unconditional release of five Bulgarian nurses and a Palestinian physician sentenced to death in May 2004 on charges of intentionally infecting 426 children with HIV at al-Fateh ChildrenТs Hospital in Benghazi. Nine Libyan police officers and a physician, accused of raping and torturing the nurses to extract false confessions, are slated to go on trial in Tripoli on June 7. As a result, the medicТs appeal will be decided before it is determined whether or not their confession, the main evidence in the trial, was coerced.

Over the past few years, nearly 40 of the children have died of AIDS. They are now reportedly receiving state-of-the-art medical care in a collaborative project involving the Benghazi Government and a US-based medical institution. Unsafe medical practices, thought to have caused the infections, have been a hallmark of the global AIDS epidemic, and there have been previous tragic cases of accidental infection, most notably of some 5,000 Romanian orphans in the 1980s. Also in the 1980s, there were cases of Americans receiving blood transfusions in the US who were infected with HIV due to an unsafe blood supply. In the mid-1990s, as many as one million people were infected with the AIDS virus in rural China due to unsafe blood collection practices.

Some analysts believe that as many as 500,000 infections per year worldwide are caused by unclean needles and other unsafe medical practices. "The infection of over 400 children with HIV is a terrible situation, yet many countries struggle to maintain safe health care and prevent this type of accidental HIV infection,У says PHR deputy director Susannah Sirkin. PHR has written a report on the issue of medical safety, which is a problem in many countries.

Amnesty International

May 25, 2005
Amnesty International Report 2005: Libya

Despite Colonel MuТammar al-GaddafiТs stated opposition to the death penalty, which he reiterated to AI in February, death sentences continued to be handed down, including after unfair trials.

In May, six health professionals arrested in 1999 Ц five Bulgarian nurses and a Palestinian doctor Ц were sentenced to death by firing squad. They were accused of deliberately infecting 426 children with the HIV virus while working in al-Fateh ChildrenТs Hospital in Benghazi. A sixth Bulgarian defendant was sentenced to four yearsТ imprisonment. Nine Libyan defendants were acquitted.

The defendants had told AI delegates in February that their confessions, which they later retracted, had been extracted under torture, which included electric shocks, beatings and suspension by the arms. Their appeal case before the Supreme Court was expected to open in 2005. On the basis of the allegations of torture, eight members of the security forces and two others (a doctor and a translator) employed by them were charged. They had faced trial alongside the foreign and Libyan health professionals before the same criminal court in Benghazi. In May, the court pronounced that it was not competent to examine their cases. By the end of the year, the alleged torturers had not been tried.

* * *

Physicians for Human Rights

May 31, 2005
Death Sentence Appeal Postponed in Libya

Bulgarian Nurses and Palestinian Physician Must Wait Until November 15 for Supreme Court Hearing

Physicians for Human Rights has issued the following statement about the postponed appeal of five Bulgarian nurses and one Palestinian physician facing the death penalty after being accused of intentionally infecting more than 400 children in Libya with the HIV virus:

OWe are disappointed to learn that the Libyan Supreme Court has delayed an opportunity to release the nurses and physician accused of intentionally infecting children with HIV. This is especially troubling in light of the medicsO allegations that their confessions were extracted under torture. These medics have already served five and half years in prison. They were arrested in 1999 and not tried until 2004. The announcement postponing the court ruling until November 15 means six more months of confinement for the medics.

It is important that the Libyan justice system address this case carefully and deliberately. Physicians for Human Rights continues to call for the prompt release of the international medics on human rights and humanitarian grounds. Physicians for Human Rights also urges the international community to do everything it can to support the children who were infected with the HIV virus at al-Fateh ChildrenOs Hospital in Benghazi as well as their families.O

The nurses and physician were sentenced to death in May 2004 on charges of intentionally infecting 426 children with HIV at al-Fateh ChildrenOs Hospital in Benghazi. Nine Libyan police officers and a physician, accused of raping and torturing the nurses to extract false confessions, are slated to go on trial in Tripoli on June 7.

Over the past few years, nearly 40 of the children have died of AIDS. They are now reportedly receiving state-of-the-art medical care in a collaborative project involving the Benghazi Government and a US-based medical institution as well as additional assistance from the European Union. Unsafe medical practices, thought to have caused the infections, have been a hallmark of the global AIDS epidemic, and there have been previous tragic cases of accidental infection, most notably of some 5,000 Romanian orphans in the 1980s. Also in the 1980s, there were cases of Americans receiving blood transfusions in the US who were infected with HIV due to an unsafe blood supply. In the mid-1990s, as many as one million people were infected with the AIDS virus in rural China due to unsafe blood collection practices.

Some analysts believe that as many as 500,000 infections per year worldwide are caused by unclean needles and other unsafe medical practices. "The infection of over 400 children with HIV is a terrible situation, yet many countries struggle to maintain safe health care and prevent this type of accidental HIV infection,O says PHR deputy director Susannah Sirkin. PHR has written a report on the issue of medical safety, which is a problem in many countries.

The White House

October 17, 2005
President George W. Bush Meets with Bulgarian President Georgi Purvanov

Q Mr. President, first, we remember 9/11 and we thank you for your leadership, sir. The question is, in Bulgarian public opinion knows quite well that the most important thing for us is to get our nurses back from the jail in Libya, because they're facing a firing squad, sir, after few weeks if the verdict is confirmed. So we are partners. You're the leader of the most powerful nation on Earth. Why don't you help us, sir?

PRESIDENT BUSH: We discussed this issue at length. Like the President, my heart breaks when young children get sick. The position of the United States government is the nurses ought to be freed. We have made our position known to the Libyan government. There's no confusion -- there should be no confusion in the Libyan government's mind. But those nurses ought to be not only spared their life, but out of prison. And we will continue to make that message perfectly clear.

Amnesty International

Public Statement

AI Index: MDE 19/005/2006 (Public)
News Service No: 258
4 October 2006

Libya: Foreign health professionals still at risk

Amnesty International remains concerned about five Bulgarian nurses and a Palestinian doctor who face the death penalty if convicted in an ongoing trial due to resume on 31 October 2006. The six have been held in custody since 1999.

The health professionals were sentenced to death by firing squad by a Libyan court in May 2004 after being convicted of deliberately infecting 426 children with HIV in al-Fateh ChildrenOs Hospital, Benghazi. A sixth Bulgarian defendant was sentenced to four yearsO imprisonment and nine Libyan defendants were acquitted in the same trial. The death sentences were overturned on 25 December 2005 by the Supreme Court, which ordered the health professionals to be retried after noting OirregularitiesO in their arrest and interrogation.

The retrial began on 11 May 2006. The most recent hearing of the trial was scheduled for 21 September, but postponed for a month due to the absence of a key defence lawyer for health reasons.

Amnesty International is concerned that the prosecution has demanded that the death penalty be re-imposed and that, while defence lawyers have asked for witnesses to be called on their behalf, no such witnesses have yet been heard in the trial. It considers that the medical workers may be prisoners of conscience who, as foreign nationals, have been wrongly accused of responsibility for the tragedy which occurred at al-Fateh ChildrenOs Hospital.

Amnesty International calls on the Libyan authorities to ensure that the health professionalsO retrial is conducted without undue delay and in accordance with recognized international fair trial standards. In particular, defence lawyers must be accorded the right to call and examine witnesses on their behalf under the same conditions as witnesses against them. Under no circumstances should the health professionals again be made subject to the death sentence.

Background
The first trial of the Bulgarian nurses and the Palestinian doctor was grossly unfair, provoking widespread concern among health professionals and human rights organizations. AIDS experts who testified at their trial blamed the HIV outbreak on poor hygiene and the re-use of syringes in hospital. Luc Montagnier, who co-discovered HIV, presented a report to the court showing that the infection had started before the defendants began working at the hospital, and spread after they stopped working there. Libyan medical experts testifying for the prosecution said that the infections were probably the result of injections.

The health professionals had initially OconfessedO to the crime, but later retracted these statements. In both their first and second trials they have denied the charges against them and have repeatedly testified that their OconfessionsO were extracted under torture in pre-trial detention. They told Amnesty International delegates who were able to visit them in February 2004 that the torture included electric shocks, beatings and suspension by the arms. The health professionals brought a civil case against eight police officers, a military doctor and a translator who they accused of being responsible for their torture. A court in Tripoli acquitted all 10 in June 2005.

Amnesty International has repeatedly raised its concerns regarding the case of the health professionals with the Libyan authorities in recent years. Its delegates attended a session of the initial trial in February 2004.

Council of Europe
Parliamentary Assembly

November 17, 2006
Statement by the PACE Bureau on the re-trial of Bulgarian medical staff in Libya

The Bureau of the Parliamentary Assembly of the Council of Europe (PACE), meeting in San Marino on 16 November 2006, deplored the fact that the re-trial of the five Bulgarian nurses and the Palestinian doctor accused of deliberately contaminating some 426 children with the AIDS virus, which ended last week, failed to address the fundamental flaws which marked the investigations and the first trial struck down in December 2005.

It regretted that the basic requirements of a fair and impartial trial have not been met and that the rights of the defence have been flouted once again. It noted in this connection that the demand that international scientific evidence refuting the prosecutionOs case be heard by the Court was rejected and that the torture to which the accused were subjected was not addressed by the Court. Such a flagrant denial of defence rights can only cast doubts on the outcome of the retrial expected on 19 December 2006.

The Bureau once again reaffirmed the position of the Parliamentary Assembly on this case (Recommendation 1726(2005) on serious human rights violations in Libya O Inhuman treatment of Bulgarian medical staff) as well as its complete opposition to capital punishment.

At the same time, the Bureau was equally seized with the plight of the victims of the AIDS virus and reiterated again the AssemblyOs compassion for the Libyan children and its sympathy with the families. It strongly welcomed the efforts of the international community to provide health and other care to these victims.

Physicians for Human Rights
October 6, 2006

New Statement on Benghazi Case Involving Bulgarian Nurses and Palestinian Doctor

Physicians for Human Rights (PHR) is gravely concerned about the situation of five Bulgarian nurses and a Palestinian physician originally sentenced to death by firing squad in May 2004 on allegations of intentionally infecting 426 children with HIV at al-Fateh Children's Hospital in Benghazi, Libya. On December 25, 2005, the Libyan Supreme Court ruled on the appeal of the health professionals, who have been detained since 1999, overturning their death sentences and returning the case for retrial to the criminal court in Benghazi.

After months of delays, a Libyan lower court is scheduled to rule on the fate of these foreign health workers, and it is widely believed that the court will issue a new sentence. PHR remains deeply committed to securing the rights of these health professionals, who have repeatedly been denied access to fair and equitable trials. PHR calls on the court to ensure that the current trial is conducted in accordance with internationally recognized fair trial standards. In so doing, the court must throw out the confessions extracted under torture, allow defense attorneys both time and access to consult with their clients, and permit testimony from independent international expert witnesses with scientific evidence regarding the transmission of infections.

Professor Luc Montagnier, a co-discoverer of the virus that causes AIDS, and Italian microbiologist Vittorio Colizzi sampled viruses from the infected children in 2004 and determined that many of the children had been infected with HIV before the arrival of the nurses and doctor in 1998. Further, the presence of co-contaminants Hepatitis B and C suggests that the victims had been infected by unsanitary conditions at the hospital rather than by any deliberate action. There are several well-known instances of accidental infection due to unsafe blood supply or hospital conditions, including in Romania, the US, and rural China. Some analysts believe that as many as 500,000 infections per year worldwide are caused by unclean needles and other unsafe medical practices.

The Bulgarian nurses- Kristiana Malinova Valcheva, Nasya Stojcheva Nenova, Valentina Manolova Siropulo, Valya Georgieva Chervenyashka and Snezhana Dimitrova- and the Palestinian-born physician, Ashraf Ahmad Jum'a, were working to provide life-saving treatment to patients in need. There is no evidence to suggest that they intentionally harmed the children. Rather, these health professionals went to Benghazi in an effort to improve health outcomes and minimize gaps in services. The six health professionals have spent the past seven years in custody on charges of intentionally infecting the children, despite evidence that the spread of HIV among these children began before the foreign workers arrived in Benghazi and resulted from unsafe medical practices. Last year, nine Libyan health workers also accused of intentionally spreading AIDS among the children were acquitted. The Bulgarian and Palestinian health workers initially signed confessions, but international human rights groups have since reported that the confessions were extracted under torture, which included electric shocks, beating and suspension by the arms.

In May 2004, dozens of the world's leading virologists and AIDS doctors sent an open letter to Colonel Gaddafi protesting the death sentence of the health professionals. Signers included both co-discoverers of HIV, Dr. Luc Montagnier and Dr. Robert Gallo. In May 2005, two dozen health professionals once again renewed their support for the nurses and physician and also expressed their concern for the infected children and their support for international efforts to provide them with the highest standard of treatment.

PHR supports the important efforts to provide funds for the medical care of the HIV-infected children, about 50 of whom have reportedly died. They are the victims of a tragedy that was entirely preventable and we extend sympathy to them and to their families. However, punishing these six health professionals, whose innocence is demonstrated by ample, credible scientific evidence, would only add to the tragedy of this situation. Moreover, Physicians for Human Rights is deeply concerned that charging the foreign health workers with this crime when they were brought in to provide essential medical services sets an alarming precedent that could have global implications. In addition, during the past year, there have been widespread reports that the fate of the nurses and physician rests not on the scientific evidence surrounding the case, but rather on the diplomatic negotiations among the United States, Bulgaria and Libya.

In February 2005, PHR and the International Federation of Health and Human Rights Organizations sent a joint delegation to Libya for meetings with the Bulgarian nurses and with Libya's foremost political dissident, Fathi el-Jahmi, who is currently being held in incommunicado detention. PHR has also written a report on the issue of medical safety, which is a problem in many countries.

* * *

Amnesty International
December 19, 2006

Libya: Death sentences for foreign medics must be withdrawn

Amnesty International condemned the decision of a Libyan court today to sentence to death five Bulgarian nurses and a Palestinian doctor after convicting them of knowingly infecting hundreds of Libyan children with HIV in a hospital in Benghazi.

"We deplore these sentences and urge the Libyan authorities to declare immediately that they will never be carried out. The death penalty is the ultimate cruel, inhuman and degrading punishment, and in this case it has been imposed after a grossly unfair trial" said Malcolm Smart, Middle East and North Africa Programme Director at Amnesty International.

"This is the second time that these six medical professionals have been sentenced to death by Libyan courts. In this trial, as in their earlier one, confessions which they have repeatedly alleged were extracted from them under torture were used as evidence against them, while defence lawyers were not allowed to bring in international expertise and the evidence produced by Libyan medical experts was questioned by international medical experts."

"Only a fair trial can bring out the truth and do justice to the children who have been infected with HIV and their parents."

The death sentence has to be reviewed by the Supreme Court and then approved by the Supreme Council of Judicial Bodies. After that, the only possibility for the six medics is to receive a pardon.

Background
The five Bulgarian nurses and a Palestinian doctor have been in detention since 1999. They were first sentenced to death by firing squad by a Libyan court in May 2004 after being convicted of deliberately infecting 426 children with HIV in al-Fateh ChildrenТs Hospital, Benghazi. The death sentences were overturned on 25 December 2005 by the Supreme Court, which ordered the health professionals to be retried after noting УirregularitiesФ in their arrest and interrogation. The retrial began on 11 May 2006.

Since the medics have been in detention, 52 of the 426 infected children have died of Aids.

The first trial of the Bulgarian nurses and the Palestinian doctor was grossly unfair, provoking widespread concern among health professionals and human rights organizations. AIDS experts who testified at their trial blamed the HIV outbreak on poor hygiene and the re-use of syringes in hospital.

The medics had initially УconfessedФ to the crime, but later retracted these statements. In both their first and second trials they have denied the charges against them and have repeatedly testified that their УconfessionsФ were extracted under torture in pre-trial detention. They told Amnesty International delegates who were able to visit them in February 2004 that the torture included electric shocks, beatings and suspension by the arms. The health professionals brought a civil case against eight police officers, a military doctor and a translator who they accused of being responsible for their torture. A court in Tripoli acquitted all 10 in June 2005 after what Amnesty International believes to have been irregular proceedings.

* * *

World Medical Association, International Council of Nurses
December 19, 2006

World Medical Association and International Council Of Nurses Appalled at Libyan Death Sentences

In a joint statement about todayТs decision by the Libyan court, the International Council of Nurses and the World Medical Association said:

'We are appalled by the decision of the Libyan court to sentence the five Bulgarian nurses and the Palestinian doctor to death. TodayТs decision turns a blind eye to the science and evidence that points clearly to the fact that these children were infected well before the medical workers arrived at the hospital.

'How many children will go on dying in Libyan hospitals while the Government ignores the root of the problem?

'If there is any hope of justice for these nurses and this doctor, we appeal to the Supreme Court to again quash these death sentences.'

* * *

European Commission
December 19, 2006

Statement by Commissioner Ferrero-Waldner on Libyan Court verdict on the Benghazi case

Today the Libyan Criminal Court has confirmed the death sentence on the Bulgarian and Palestinian medical personnel involved in the Benghazi case. European Commissioner for External Relations and Neighbourhood Policy, Benita Ferrero-Waldner, gave this reaction:

"We simply can not accept this verdict and trust that the matter will now be referred to a higher authority. I firmly hope that clemency will be granted to the medical staff, in the same spirit of mutual respect and humanitarian compassion which characterised the intense discussions held between the European Union and other partners with the families of the Benghazi children."

The Supreme Court cancelled a first death sentence verdict on 25 December 2005 and reopened the case.

The Commission has also been closely following and working with the Libyan authorities on the Benghazi AIDS tragedy, where more than 400 children and mothers have been infected with HIV/AIDS. In November 2004 the EU launched the УHIV Action Plan for BenghaziФ, which includes technical and medical assistance for the Benghazi Centre for Infectious Diseases and Immunology (BCIDI); helping the social integration of patients and their families; and assisting the Libyan Authorities in designing a national AIDS programme. Commissioner Ferrero-Waldner said on this matter: УWe continue our work to upgrade the quality of care for the infected children and will spare no efforts to bring them back to a normal life. This started 2 years ago with great success through the HIV Action Plan for Benghazi and will continue through the Benghazi International Fund, now supported by many governments as well as public and corporate sponsors."

Work under this action plan, implemented by the Libyan authorities with support from the Commission and EU Member States, is well on its way and the Commission has already provided И2 million from the Community budget. Several EU Member States are preparing to contribute to the EU Action Plan for Benghazi.

Five Bulgarians nurses (Kristiana Vulcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka, Snezhana Dimitrova) and one Palestinian medic (Ashraf Al Hagoug) have been in prison in Libya since the outbreak of HIV/AIDS at the Benghazi hospital in 1999. The EU has repeatedly expressed serious reservations about the basis on which they were prosecuted and tried, their treatment in prison, and delays to the legal process. The EU has repeatedly urged the Libyan authorities to ensure a fair trial.

* * *

European Parliament
December 20, 2006

Josep Borrell calls on Libyan authorities to reconsider death sentences on Bulgarian nurses

Following the announcement of the death sentences imposed by a Libyan court on the Bulgarian nurses and the Palestinian doctor who are accused of having deliberately infected more than 400 children with the Aids virus, the President of the European Parliament, Josep Borrell, issued the following statement:

"The European Parliament has always been categorically opposed to the very idea of the death penalty.

On 30 November 2006, it once again expressed 'continued support for the Bulgarian nurses and Palestinian doctor in custody in Libya since 1999'.

When the appeal is heard by the Supreme Court, I call on the Libyan authorities to reconsider this verdict, which is an obstacle to improved relations between the European Union and Libya."

* * *

Delegation of the European Commission to Bulgaria
December 20, 2006

Statement of Michael Humphreys, Head of the Delegation of the European Commission to Bulgaria, regarding the death sentences of the Bulgarian medical personnel

"I am deeply concerned with the decision of the Libyan criminal court to confirm the death sentences of the Bulgarian medical personnel. This is a lamentable outcome of what has turned out to be a lengthy and frustrating trial. The Commission has been following the case closely and stands firmly against death penalty. I trust that the matter will now be referred to a higher authority and justice will be served based on respect of human dignity and fundamental rights."

* * *

European People's Party - European Democrats Group in the European Parliament
December 20, 2006

Libyan court decision is shocking - urgent review is necessary. Hans-Gert Poettering MEP, EPP-ED Group Chairman

The Chairman EPP-ED Group in the European Parliament, Hans-Gert Poettering, has described as shocking the judgment of the Libyan industrial tribunal, which confirmed the death sentences yesterday against five Bulgarian nurses and a Palestinian doctor.

"This condemnation of innocent people is terrible. We urgently appeal to Libya and its President Gaddafi to reverse this judgment, and review it taking into account the evidence which shows the innocence of the medics, and to immediately set free the nurses and the doctor", declared Poettering.

The European Parliament condemns in principle and in all circumstances the application of the death penalty. It contradicts the basic values and legal principles of the European Union.

"If this judgment is not revised, the relationship between the European Union and Libya will be permanently damaged," concluded Poettering.

* * *

Council of Europe - Commissioner for Human Rights Thomas Hammarberg
December 19, 2006

Commissioner condemns Libyan death sentence decision

Commissioner Hammarberg today condemned a Libyan court decision which imposed the death sentence on five Bulgarian nurses and a Palestinian doctor for their alleged involvement in the infection of 400 children with HIV.

"The death sentences against five Bulgarian nurses and a Palestinian doctor in Libya are totally unacceptable. The court has relied on "confessions" extracted under torture and threat of execution. I appeal to the Libyan authorities to review these unjust death sentences or grant an immediate pardon and then release the imprisoned foreigners."

"The court's decision seems to have completely ignored the evidence that the HIV virus had been present in the hospital prior to the arrival of the medical workers. The unfair trial procedures, the torture and now the death sentences constitute grave violations of agreed international standards of human rights, including those to which Libya is a party".

* * *

Council of Europe - Coommittee of Ministers
December 20, 2006

Statement by the Chair of the Committee of Ministers on the medical staff condemned to death in Libya

Strasbourg - Fiorenzo Stolfi, Chair of the Council of EuropeТs Committee of Ministers, Minister for Foreign Affairs of San Marino, opposes in the firmest possible way the verdict condemning to death the five Bulgarian nurses and Palestinian doctor accused in Libya of having intentionally infected children at the Benghazi hospital with HIV/AIDS.

"The death penalty is unacceptable in any circumstances, and this sentence must be unanimously rejected by the international community.

I am profoundly concerned by the tragic humanitarian plight of the children and their families affected by the outbreak of HIV/AIDS in Benghazi, and extend my deepest sympathy and solidarity to them. It is essential that the international community commit itself actively to ensuring that these victims benefit from the necessary medical care and assistance. I do not believe that death sentences, by nature totally unacceptable, will serve to help these children and their families, and I call on the Libyan authorities to show mercy to the Bulgarian nurses and the Palestinian doctor. My feelings are strengthened by the fact that the Republic of San Marino abolished the death penalty many years ago and is therefore absolutely against its application.

On the understanding that this outcome does not represent the end of the legal process which provides for an appeals procedure, I expect this procedure to be undertaken without delay, and the universal right to a free and fair trial respected."

* * *

US Department of State
December 19, 2006

Remarks With Bulgarian Foreign Minister Ivailo Kalfin Before Their Meeting Secretary Condoleezza Rice

SECRETARY RICE: Good morning. I would like to welcome my colleague Foreign Minister Kalfin of Bulgaria. We've met on a number of occasions. And of course the United States and Bulgaria enjoy a good and strong bilateral relationship based on our friendship, based on our common values. I know that we will have many issues to discuss, global issues around the world.

But 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.

FOREIGN MINISTER KALFIN: Thank you very much and first of all, thank you very much for this opportunity. I also think that the whole list of issues both on bilateral side and also in our cooperation in the international field and international missions is very important also for us. 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.

* * *

US Embassy in Sofia
December 20, 2006

Press Statement by Ambassador John Beyrle

I want to express my deep disappointment about yesterday's verdict by the Libyan Court. I share the great concern of the Bulgarian people about the fate of the five nurses - Kristiyana Vulcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka, and Snezhana Dimitrova, and the ordeal that they have undergone for the last almost eight years. I believe that the scientific evidence, especially the most recent evidence presented by American and European scientists, shows they are innocent.

As Secretary Rice said yesterday in Washington, the United States is continuing to work in every way that we can to assure that the Bulgarian medics and the Palestinian doctor are freed. It's our understanding that yesterday's decision is subject to further review, and we are urging that the process move forward as quickly as possible. We want to see the day come soon when the nurses return safely to their homes, friends and families.

* * *

United Nations
December 22, 2006

Annan Сdeeply concernedТ at Libyan death sentences for foreign health workers

22 December 2006 United Nations Secretary-General Kofi Annan today voiced his deep concern at the death sentence imposed by a Libyan court on five Bulgarian nurses and a Palestinian doctor for the alleged intentional transmission of HIV/AIDS to hundreds of children.

"I was greatly encouraged by the glimpse of hope offered by the appeals process and by the way the international community had recently come together to provide treatment and medicines to the infected children," he said in a statement, referring to a Libyan Supreme CourtТs order for a retrial after an earlier death sentence.

"I am deeply concerned by confirmation of a guilty verdict and a death sentence and, therefore, appeal to the Libyan and the international community to continue working together in a spirit of reconciliation. Once again, I offer the support of the United Nations in all efforts to address the needs of the infected children and to find a humane solution for the fate of the medics," he added.

The Joint UN Programme on HIV/AIDS (UNAIDS) earlier this week called on the Libyan courts to review the death sentence in light of evidence showing that the virus circulated before the health workersТ arrival.

"UNAIDS is concerned that certain scientific evidence appears to have not been taken into consideration and that this raises serious doubts regarding the conclusion reached by the court," it said.

"As published in the scientific journal Nature, an analysis of HIV and hepatitis virus samples taken from some of the children concluded that the HIV viral strains were circulating in the hospital where the children were treated before the nurses and doctor arrived in March 1998," it added.

The six health care workers, imprisoned since 1999, are accused of deliberately infecting 426 children whilst working at a hospital in Benghazi. Since 1999, 52 of the children have died.

* * *

Jana News Agency
December 24, 2006

The Arab League calls for the respect of the Libya Judiciary's verdict in the Libyan Children injected with AIDS Case and surprised by the Western campaign to politicize this case.

Cairo / 24,12,06 / Jana. The Arab League called for the respect the verdict of the Libyan Judiciary issued regarding the case of the Libyan Children injected with AIDS while they were attending Benghazi Hospital for treatment and not to politicize this case and leave it up to Judiciary Authorities.

The Assistant Secretary of the Arab League ,Ahmed Ben-helli , in a press statement in Cairo Sunday morning , expressed astonishment towards the attempts to politicize this case through campaigns carried out by some political and Western media circles.

He declared that the Arab League is following up with concern this campaign and it has charged one of its departments to follow up the consequences of this campaign.

He said : "What the Libyan children were exposed to is a humanitarian tragedy and the matter should be left in the hands of the Libyan Judiciary, that we have no doubt in its impartiality, to decide", underlining the sympathy of the Arab League with those children and their families in this humanitarian tragedy and its effects on them.

He voiced that the Arab League hopes that there would be cooperation between all parties to help those children victims and their families to ease their suffering and pains by compensating them, in the the mean time to let the Libyan Judiciary to deal with this case, specially that thare is a chance to appeal in this case.

* * *

Jana News Agency
December 26, 2006

The Leader of the Revolution receives a letter from Kofi Annan

Tripoli / 26.12.06 - Jana. The Leader of the Revolution received a letter form Secretary General of the United Nation, Kofi Annan related to the case of the Libyan Children victims, injected with HIV (AIDS) during their visits to Benghazi Hospital for treatment.

Annan stated in his letter to the Leader, that he was touched by the way the International Community unified to support those children, the victims.

Annan expressed the UN appreciation of the Leader's vision regarding the death penalty saying " I am well aware that you are, personally, share the UN over its stand concerning the death penalty that you talked about openly and that is what we sincerely thank you for".

Annan declared in his letter, the readiness to stand beside Libya to find a solution for this case by the Leader's wisdom, and affirming that it was clear during his term as a UN Secretary General.

He added saying: "I am confident that you will do all you can to end this painful chapter in the life of many".

* * *

Jana News Agency
December 27, 2006

A statement of the participants in the speech rally in solidarity with the Libyan children injected with HIV virus in Benghazi

Tripoli, 27.12.06 - Jana. The General Union of Community and civil societies, and foreign expatriates in Great Jamahiriya who took part in the speech rally Wednesday at the People's Hall in Tripoli, on the occasion of the national day for solidarity with the Libyan children, the victims injected with the HIV virus while acquiring treatment at Benghazi children hospital, issued a statement in which they confirmed their sympathy with the families of those children, the victims and their right to compensations, for the moral and material damages in this case with the humanitarian dimension, and to continue the treatment of those who are still alive.

The statement stressed that the case of those children, was a criminal legal case, and rejecting to change it into political case, to serve the goals and designs of countries and quarters which interfered with no right, intending to make their own political gains and interests.

The statement underlined that the Libyan judiciary alone has the jurisdictions over this criminal case, governed by the Libyan penal law and criminal procedure, according to local and world jurisdiction rules.

The statement said the Libyan law has all guarantees that ensures a fair trail and provides the defense right for the defendants, and is conducted in public, in the presence of observers, and offers various levels of litigation, and that the defendants in this case enjoyed all these rights.

The statement added that the Libyan judiciary is fair, neutral and efficient, and that the Libyan people through their unique political system and legislations drafted at their basic peoples congresses, were keen to consolidate and underline these features, expressed in the proclamation of the People's Authority and the, consolidation of the people's authority, and the freedom consolidation law, the Great Green Charter of Human rights of the Era of the masses, and the judicial system law.

The statement expressed confidence in the Libyan judiciary, and its ability to pass a fair verdict in any case.

The participants in the rally expressed their rejection to subdue to any blackmail or pressure to be exercised by any state or quarter to abandon the convictions the Libyan people, its principles and stances from the institutions and organs entrusted to apply the laws drafted by it in its peoples congresses.

The statement of the participants in the conference called on all Arab, African and international associations, of which Great Jamahiriya is a members to stand with those victimized children, and support the Libyan judiciary until it issues it final verdict. It highly praised the friendly and brotherly countries which supported this just case, appreciating their brave stance based on justice.

* * *

Jana News Agency
December 27, 2006

General Secretariat of (Cen-Sad ) Community issues a statement on the Western Media campaign against the verdict of the Appeal Court in Great Jamahiriya

Tripoli, 27.12.06 - Jana. General Secretariat of Community of Sahel-Saharan States (Cen-Sad) issues a statement today on the Media campaign waged by the Western circles against the verdict of the Appeal Court in Great Jamahiriya in the case of the Libyan children, the victims who were injected by HIH virus (AIDS) while they were attending Benghazi Hospital for treatment.

The Statement reads:

"General Secretariat of the Community of Sahel-Saharan States ( Cen-Sad ) regards with great astonishment and regret the Media campaign waged by Western circles against the verdict of the Appeal Court in the case of Libyan children who were injected by HIV virus (AIDS) while they were attending Benghazi Hospital.

The General Secretariat of (Cen-Sad) Community condemns this biased campaign that and its skepticism in the fairness of Libyan Judiciary. It expresses, in the mean time, resents the statements made by some Western circles aiming at exerting political pressures on the establishments of an independent state to prevent it from carrying out its duties according to the laws and legislations in force , a matter that does not serve the relations that should prevail between nations and the mutual respect in international relations.

The General Secretariat of (Cen-Sad) Community reaffirms its support to Libyan Judiciary and expresses its confidence in its fairness . It demands that Western countries to respect the decisions of the Libyan National Judiciary and to pursue diplomatic methods in accordance with the rules of international law that govern relations between nations."

* * *

Jana News Agency
December 28, 2006

The GPC for Foriegn liaison circulates a clarification memorandum

Tripoli, 28. 12.06 - Jana. The Jamahiriya news agency (Jana) learnt today that the General People's Committee for Foreign Liaison and International Cooperation had circulated a clarification memorandum regarding the case of the Bulgarian nurses whose case is being looked into by the Libyan judiciary from the legal, judicial and humanitarian aspects.

The memorandum was sent to the secretary-general of the Organization of the Islamic Conference, the secretary-general of the Arab Maghreb Union, the chairman of the ministerial council of the Non-Aligned Movement and all the countries of the Arab world, Asia and Latin America which have political and diplomatic relations with Libya.

The memorandum was also sent to the secretary-general of the United Nations, the president of the European Union Commission, the president of the African Union Commission and the president of the UN human rights council.

The following is the text of the memorandum issued by the General People's Committee for Foreign Liaison and International Cooperation: -

"Benghazi Criminal Court issued on Tuesday, 19.12.06, its verdict in a crime in which five Bulgarian nurses and a Palestinain doctor holding a Bulgarian citizenship accused of the crime of causing the outbreak of an epdemic, through the spraeding of harmful virus that lead to the death of more than one person, through delibarate injection of HIV "AIDS" virus to 439 Libyan children, who were recieving treatmnet at Benghazi Chidlren hospital. The court issued its verdict for executing the defendents.

The General People's Committee for Foreign Liaison and International Cooperation would like to give the true picture of the case and the sentence that was passed within the following legal, judicial and humanitarian framework:-

First, the aforementioned sentence was passed by a criminal court which had the legal and judicial authority to handle the case. This took place publicly and Libyan and Bulgarian lawyers attended the proceedings on behalf of the defendants.

Representatives from international defence committees, civil society organizations and international human rights organizations also attended and necessary judicial and legal guarantees were provided.

Second, the appeal possibility before Libyan judiciary has not yet been exhausted. After the criminal court's sentence, there is another possible step which is the appeal to the supreme court to which the defendants are entitled under the law.

Third, the individual reaction by the European and NATO countries and by the EU Commission and the US State Department lacks the necessary respect for the judicial systems of other countries. It also aims at forcing an independent and sovereign country which is the Jamahiriya to annul a sentence issued by a relevant court while this same sentence is not final yet even if this goes against its national laws and a violates all laws and regulations and the systems of criminal courts in the world.

Fourth, the media campaign and the political pressure exerted on the Jamahiriya creates a dangerous precedent based on an unacceptable discrimination according to which the Bulgarian nationals are treated in this way while the Libyan nationals are considered sub-human who can be treated differently.

The statements by the Bulgarian government officials who expressed a stance that was backed by the EU countries and others indicates that the Bulgarian government does not accept the rule that says that what the Bulgarians are allowed to do in terms of dealing with human beings and in terms of domestic public opinion considerations in Bulgaria the Libyans are also allowed based on the degree of harm suffered by both.

Fifth, the political stances expressed by the Bulgarian government, the EU countries and others is a clear bias to certain values that are likely to trigger wars, conflicts and cause enmity between religions and civilizations in the world and use the developing countries as an arena for experiments in wars of destruction.

The Great Jamahiriya, as it presents this memorandum before you, is keen on relations between countries based on dialogue and understanding that are aimed at resolving problems that may affect these relations. The Great Jamahiriyah is keener on respecting legal and political rules and the mechanism that govern them.

The Great Jamahiriya is very much opposed to pressure attempts , mobilizing of support and unjust backing and is working so that justice and equality principles between human beings prevail without discrimination that is based on colour, religion or culture. "Those who fear God the most are the most honourable."

The General People's Committee for Foreign Liaison and International Cooperation

* * *

Jana News Agency
December 28, 2006

The Arab Magheb Union confirms its full confidence in the fairness of the Libyan justice

Rabat, 28.12.06 - Jana. The Arab Maghreb Union expressed the most sincere sentiments of condolences and sympathy with the Libyan children, the victims who were injected with HIV virus " AIDS" while receiving treatment at Benghazi Children hospital.

He confirmed full confidence in the fairness of the Libyan justice due to its various levels of guarantees from the right to appeal, to ensuring a public hearing, and respect of the rights of the defendants, according to the laws and procedure far from external politicizing campaigns and ill-intent media exploitation of a painful humanitarian issue which judicial process has not been exhausted yet.

In a press statement today, the Secretary General of the AMU al-Habib Ben Yahaia said in a pres statement in Rabat Thursday; "We express our sincere condolences and sympathy with the brothers due to what they had been subjected to, who had been a victim of a real tragedy in Benghazi hospital, leafing behind an endless grieve and sadness to their families and relatives. and to the Libyan and Maghreb families and indeed every living human conscious, committed to the values of righteousness, justice and fairness.

As much as we in the Arab Maghreb share our brothers in Great Jamahiriya this humanitarian plight, and share their sever pains, we support their legitimate desire to seek the full truth and upheld justice" he said.

* * *

Jana News Agency
December 28

AU Commission expresses concern over attempts to politicize the Libyan children case

Tripoli, 28.12.06 - Jana. The AU Commission expressed its profound concern over attempts to politicize the Libyan children case, injected with HIV virus " AIDS" while frequenting Benghazi Children hospital to receive treatment.

In a statement, the commission said Africa eyes with concern these attempts, and ask for their end and share with the families of those victim children their concern, and call for not deepening this tragedy.

The AU commission pointed out in a statement, that it followed up with interest this case, and expresses its regret for the suffering of those children ever since their injection with the virus, expressing confidence in the fairness of the Libyan justice in exercising its authority.

* * *

European Economic and Social Committee
January 17, 2007

EESC President declares his solidarity with Bulgarian nurses held in Libya

During the first plenary session of the enlarged EESC, President Dimitris Dimitriadis on behalf of all EESC Membersahas declared his solidarity with the Bulgarian nurses and the Palestinian doctor held in Libya and sentenced to death. He called for a "just, fair and human solution".

EESC President Dimitriadis declared: "The EESC is extremely shocked by the death sentence pronounced on 19 December 2006 in Libya, against the five Bulgarian nurses and the Palestinian doctor, accused of having voluntarily contaminated 426 children with HIV/AIDS."

He called on the Libyan authorities toafind a just, fair and human solution to this case. Strongly condemning capital punishment, he asked the Libyan authorities to reverse this verdict and to respect internationally recognised standards of human rights protection, to which the Libyan authorities are committed.

President Dimitriadis also expressed the EESC's reservations regarding the circumstances having led to the verdict against these persons, regarding their treatment in detention and the delays in the legal procedures.

On behalf of all EESC members, the Presidentaexpressed his condolences for the patients and their families touched by this horrific situation. He also congratulated European and international initiatives for the fight against HIV/AIDS in Libya.

* * *

European Parliament
January 18, 2007

European Parliament resolution on the conviction and imprisonment by Libya of five Bulgarian nurses and a Palestinian doctor

The European Parliament,

* having regard to the EU Annual Reports on Human Rights, in particular those for the years 2005 and 2006,

* having regard to its resolutions on the accession of Bulgaria to the European Union, and in particular to paragraph 25 of its resolution of 30 November 2006(1) , paragraph 32 of its resolution of 15 December 2005(2) and paragraph 39 of its resolution of 13 April 2005(3) ,

* having regard to the Conclusions of the General Affairs and External Relations Council of 11 October 2004 expressing grave concern over the plight of the imprisoned medical personnel, its decision to provide assistance to the Libyan health services, the EU Presidency Statement of 19 December 2006 on the decision of the Criminal Court in Libya sentencing to death five Bulgarian nurses and a Palestinian doctor, Commissioner Ferrero-Waldner's statement on the Libyan Court verdict also of 19 December 2006 on the Benghazi case, and the statements by the President of the European Parliament of 30 November 2006 and 20 December 2006,

* having regard to the reports from the Presidency to the European Council on the implementation of the EU's strategic partnerships with the Mediterranean States of December 2005 and December 2006,

* having regard to the Guidelines to EU Policy Towards Third Countries on the Death Penalty,

* having regard to rule 103(4) of the Rules of Procedure,

A. whereas on 9 February 1999 the Libyan authorities detained a number of Bulgarian medical personnel working at the 'Al-Fatih' hospital in Benghazi, and whereas on 7 February 2000 a trial against six Bulgarians, one Palestinian and nine Libyans started at the Libyan People's Court on a charge of deliberately infecting several hundred children with the HIV virus,

B. whereas on 6 May 2004 the Court sentenced five Bulgarian nurses and a Palestinian doctor to death by firing squad; whereas on 25 December 2005 the Libyan Supreme Court issued its ruling on the appeal against the death sentence and ordered a new trial; whereas a new trial was held from 11 May 2006 and the death sentences were confirmed on 19 December 2006,

C. whereas there is strong evidence that torture was used in prison against the defendants in order to extract false confessions; and whereas numerous other flagrant violations of the defendants' rights were also committed,

D. whereas in 2003, following a demand by the Libyan authorities, a number of renowned international experts on HIV/AIDS provided a report which categorically concluded that the spread of the HIV virus was due to an in-hospital infection which had started before the arrival of the defendants in Libya; whereas recent publications provide strong scientific evidence about the origin and timing of the Benghazi infection; whereas all this strong evidence of the innocence of the defendants has been disregarded and ignored,

E. whereas in November 2004 the EU launched an 'HIV Action Plan for Benghazi', which includes technical and medical assistance to the infected children and the affected families, as well as support for the Libyan authorities to combat HIV/AIDS; whereas EUR 2 500 000 have been provided from the Community budget to fund the plan; whereas the implementation of this Action Plan is well under way, with support from the Commission and from EU Member States; and whereas a large number of the infected children have received treatment in hospitals in Member States,

F. whereas in January 2006, a Benghazi International Fund was established as a non-profit-making non-governmental body to help develop the local medical infrastructure in Benghazi, to improve the treatment of the patients and to provide assistance to the affected families,

1. Condemns the verdict of the Libyan Criminal Court of 19 December 2006, convicting, after a re-trial, and sentencing to death five Bulgarian nurses, Kristiana Vulcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka and Snezhana Dimitrova, and a Palestinian doctor, Ashraf al-Haiui, who have already spent eight years in prison in connection with the 1999 HIV/AIDS case at the Benghazi hospital;

2. Reiterates its radical opposition to the death penalty and recalls that the EU considers that the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights; stresses, at the same time, that the EU has taken this commitment further and now espouses abolition of capital punishment in third countries;

3. Reiterates its serious concern with regard to the basis on which the defendants were prosecuted, their treatment while in custody and the lengthy delays in the process;

4. Stresses that, as from January 2007, the Benghazi trial directly concerns five citizens of the European Union;

5. Invites the competent Libyan authorities to take the necessary measures to review and quash the death sentence, and pave the way for an early resolution of the case on a humanitarian basis, thus meeting the necessary prerequisites for the continuation of the common policy of engagement with Libya;

6. Calls on Colonel Qadhafi to exercise his powers and bring about the release of the imprisoned medical personnel as a matter of urgency;

7. Calls on the Commission and the Council to take steps with the Libyan Government to secure an early release of the imprisoned medical personnel;

8. Expresses its full solidarity with the victims of the HIV/AIDS infection in Benghazi and notes the measures taken by the international community to provide assistance to the children affected;

9. Calls on the Commission, the Council and the Member States to continue to provide assistance for the implementation of the HIV Action Plan and to support the Benghazi International Fund, in order to alleviate the suffering of the infected children and their families and to help the Libyan authorities to prevent and fight the spread of the HIV infection in the country;

10. Emphasises its resolve to follow this case closely and calls on the Commission and the Council to keep the European Parliament informed of any developments;

11. Calls on the Commission and the Council to consider, in the absence of a positive outcome to the case, a revision of the common policy of engagement with Libya in all relevant fields, as the Union deems appropriate;

12. Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the General People's Committee and the General People's Congress of Libya, the Parliamentary Assembly of the Council of Europe, the Secretary-General of the United Nations and the United Nations Human Rights Council.

(1) Texts Adopted, P6_TA(2006)0511.
(2) OJ C 286 E, 23.11.2006, p. 511.
(3) OJ C 33 E, 9.2.2006, p. 404.

* * *

Council of Europe
Committee of Ministers
January 18, 2007

Serious human rights violations in Libya O inhuman treatment of Bulgarian medical staff

Parliamentary Assembly Recommendation 1726 (2005)

(Reply adopted by the Committee of Ministers on 18 January 2007 at the 984th meeting of the MinistersO Deputies)

1. The Committee of Ministers, in a statement issued by the Chair on 13 May 2004, expressed its grave concern regarding the verdict and the capital sentence passed on 6 May 2004 on five Bulgarian nationals and one Palestinian national accused of deliberately infecting children with the HIV virus.

2. It is particularly alarmed by the fact that the death penalties, after being overturned by the Libyan Supreme Court on 25 December 2005, were subsequently confirmed on the 19 December 2006 by the Libyan Court.

3. The Committee of Ministers shares the deep concern of the Parliamentary Assembly about the fate of the Bulgarian nurses and the Palestinian doctor. It recognises that the judicial process is still in progress and urges the Libyan authorities to do their utmost to guarantee a fair trial and to speed up the final settlement of the case leading to their prompt release.

4. The Committee of Ministers joins with the Assembly in reiterating in the strongest terms its rejection of the death penalty in all circumstances. It calls upon the Libyan authorities to seek a just and humane solution in full conformity with the international legal standards by which Libya is bound.

5. The Committee of Ministers also recognises the plight of the infected Libyan children and their families in Benghazi and in this context declares its strong support for the European UnionOs Action Plan as a constructive expression of international solidarity with the Libyan children and their families.

6. The Committee of Ministers will continue to closely monitor the further development of the case and remains strongly committed to the achievement of a just final solution.

* * *

European Union
General Affairs and External Relations Council
January 22, 2007

LIBYA - Council conclusions

The Council adopted the following conclusions:
"The Council of the European Union expresses its grave concern over the unacceptable verdict of the Criminal Court in Libya, on 19 December 2006, convicting and sentencing to death in a re-trial, five Bulgarian nurses and one Palestinian doctor who have already spent almost eight years in prison in connection with the HIV/AIDS case at the Benghazi hospital in 1999. First and foremost
this verdict ignores strong evidence from world-renowned international experts as to the innocence of the defendants.
Furthermore, as a matter of principle, the Council reiterates its position that the EU opposes capital punishment under all circumstances.
The Council expects an urgent conclusion of the judicial process according to internationally accepted standards.
While recalling its conclusions of 11 October 2004, the Council expects the Libyan authorities to ensure that a positive, fair and prompt solution is brought to this case, leading expeditiously to the release of the medical workers. In this context, the relations between the European Union and Libya can further develop.
The European Union continues to demonstrate its compassion and solidarity with the plight of the HIV/AIDS infected children and their families in Benghazi. It recalls the success of the EU Action Plan for Benghazi, launched as a purely humanitarian measure, and the establishment of the Benghazi International Fund, which is ready to be activated."

* * *

Jana News Agency
January 20, 2007

Secretary of Foreign Liaison: Independence of Libyan Judiciary a red line and we can never accept any interference in its affairs

Secretary of GPC for Foreign Liaison and International Cooperation underlined that those accused in the case of injecting Libyan children with HIV virus (AIDS) were given the chance for the past nine years to file a suit before Libyan Judiciary and according to the provisions of the Libyan Law.

The Secretary, in his clarifications before the Committee of final draft resolutions of BPC's related to the item of foreign policy , indicated that this case is still under consideration within the court and that the Supreme Judiciary Council alone, is the one to ratify the Court's rulings.

He pointed out that the stances of some European countries regarding the court's ruling in this case in unfair stand.

"On one hand , they request transparency and fairness of Judiciary, but when they realize the fairness and transparency of judiciary, they demand the state's interference in the work of judiciary," he said.

He made clear that Great Jamahiriya has made contacts with regional and international organization, being a member of these organizations, to take a stand in facing this European unjust stance.

He stressed that no one in Great Jamahiriya can interfere in the work of judicial system, even the Leader of the Revolution, himself, can not interfere in the laws and rulings issued by the Libyan Judiciary.

He went on to say: "We are moving forward in the humanitarian and legal direction , and even in the political and media direction , we can answer them and we are not afraid of any one".

The Secretary reiterated that the independence of Libyan Judicial System is a red line, being part of our independence and sovereignty and we can never accept interference in its affairs.

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Jana News Agency
January 23, 2007

A statement by the GPC for Foreign Liaison and International Cooperation on the announcement of the Council of the European Union on the verdict against the Bulgarian nurses and the Palestinian doctor

The General People's Committee for Foreign Liaison and International Cooperation issued a statement on the announcement of the Council of the European Union on the verdict against the Bulgarian nurses and the Palestinian doctor, in the case of injecting Libyan children with HIV/Aids.

The text of the statement is as follows:-

"The General People's Committee for Foreign Liaison and International Cooperation expresses its categorical rejection of the statement of the Council of the European Union on January 22, on the verdict against the Bulgarian nurses and the Palestinian doctor, accused of injecting a large number of children with HIV/Aids, at the children hospital in the City of Benghazi and which led hitherto to the death of scores of them.

It is surprising that a statement to be released by European officials at such a level casting doubt in the fairness of the Libyan judiciary, and calling on the executive authority in Libya to intervene in the verdict, yet at the same time Europe is calling for the independence of the judiciary and not to influence it in the entire world.

This position is rejected, because it consolidates double standards which Europe has for long been using against Third World countries.

We would expect from the European officials at such a level their sympathy with the infected Libyan children, and their ill-fated families, and take brave decisions to help them at this humanitarian calamity.

A practical stance that shows solidarity would have positive reflections on all parties, especially that they know more than others that Great Jamahiriya categorically rejects pressure and interference attempts in matters related to sovereignty.

Thousands of doctors and nurses from Bulgaria have for a long time been and still working in Great Jamahiriya, they are meeting the kindest treatment from their Libyan friends, and never injustice was done to any of them.

The General People's Committee for Foreign Liaison and International Cooperation reminds that the verdict issued against those nurses and the Palestinian doctor, is still before the High Court, and never ruled up to now.

Therefore, any statement on that is rejected and would not serve any of the parties".

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AMNESTY INTERNATIONAL
January 30, 2007

Public Statement
Libya: Six foreign medics should be released

Amnesty International is calling on the Libyan authorities to release the six foreign health professionals who were sentenced to death on 19 December 2006 after being convicted of deliberately infecting 426 children with HIV, some 57 of whom have since died of AIDS.

Amnesty International is making this appeal for a number of reasons. Firstly, the organization believes that the health professionals - a Palestinian doctor and five Bulgarian nurses - have now been denied the right to a fair trial on two separate occasions, despite the repeated calls that it and others have made over a number of years for this fundamental right to be respected. Secondly, it considers that, after this passage of time, there can be little prospect now of their being tried in conformity with international fair trial standards. Thirdly, the evidence that they deliberately infected children with HIV is weak and, at least, inconclusive, suggesting strongly that these foreign nationals have been wrongly accused of responsibility for the tragedy which occurred at al-Fateh ChildrenOs Hospital in Benghazi.

In a letter sent today to Mustapha Abdeljelil, Secretary of the Libyan governmentOs General PeopleOs Committee for Justice, Amnesty International expanded on the concerns it had raised about the death sentences and the trial leading to their imposition in a press release immediately following the verdict, Libya: Death sentences for foreign medics must be withdrawn (AI Index: 19/007/2006).

In doing so, Amnesty International stressed two points regarding the context of this case. Firstly, the organization noted remarks made by senior Libyan authorities stressing that the death sentences could still be revised by the countryOs Supreme Court or rejected by its Supreme Council of Judicial Bodies. Amnesty International is aware that the Supreme Court overturned the death sentences in the health professionalsO first trial and hopes that it will be able to examine the case a second time in a prompt, independent and impartial manner.

Secondly, Amnesty International emphasized that it understood the anger and anguish felt by the families of the children who were infected with HIV, having met with their representatives and lawyers during its visit to the Libya in February 2004. The organization has stressed throughout that it recognizes the right and duty of the Libyan authorities to bring to justice anyone responsible for the infection of hundreds of children with HIV and the deaths of some 57 of them after contracting AIDS. However, it has also emphasized throughout that progress towards the truth about these tragic consequences and justice for the affected families can only be achieved through a process which affords the accused the right to a fair trial.

Regarding the sentences, Amnesty International considers the death penalty to be the ultimate cruel, inhuman and degrading punishment and opposes its application in all circumstances. The organization has welcomed publicly the reduction in the number of executions carried out in Libya in recent years and has noted with encouragement the fact that senior Libyan authorities have repeatedly stated their aim to abolish the death penalty. Amnesty International reiterates its appeal to the Libyan authorities to declare immediately that the death sentences imposed in this case will never be carried out.

Regarding the trial, Amnesty International continues to be concerned that it did not constitute a fair process, as required by international human rights law and standards, an assessment echoed by the UN Office of the High Commissioner for Human Rights, which has similarly called on the Libyan authorities not to execute the six health professionals.

Firstly, confessions allegedly extracted under torture were used as evidence against the medics. In both their first and second trials the medics denied the charges against them and repeatedly testified that their OconfessionsO were extracted under torture in pre-trial detention. Some of these strongly contested statements were used as evidence against the medics and helped to secure their conviction.

The six medics allege that they were tortured repeatedly following their arrests in January 1999 to make them OconfessO to the crimes of which they were accused and later threatened with further torture to pressure them into confirming these OconfessionsO to the judicial authorities investigating their case. They say that they were too scared to report the torture during their first year of detention, when they had only intermittent access to the outside world, because of threats from those who held them in custody that they would be tortured again. They maintain that, nonetheless, they raised their allegations in court at the first opportunity.

Although the torture claims were investigated, these investigations were not conducted promptly and medical examinations were ordered only some three years after the alleged acts of torture were committed. Furthermore, the proceedings of the trial which led to the acquittal of 10 defendants accused of the torture were marked by irregularities, in Amnesty InternationalOs view. On the one hand, the evidence of a doctor who found traces on the medicsO bodies which he argued resulted from Ophysical coercionO or ObeatingsO or both was successfully refuted in court by another doctor, despite the fact that the latter had not medically examined the medics. On the other hand, foreign lawyers acting on behalf of the Bulgarian nurses allege that they did not have access to their clients, were not permitted to meet them although they made repeated requests to do so, and were not able to obtain to visas to attend key hearings of the trial during May 2005.

Secondly, the court rejected the request of the medicsO defence lawyers to allow international medical experts to testify in court to present the reasons why they believed the health professionals could not have been guilty of the crime of which they were accused. An open letter to Libyan leader MuOammar al-Gaddafi by 114 Nobel Laureates in the sciences appealed for this scientific evidence to be taken into consideration in the trial. Amnesty International is concerned that the courtOs refusal to allow the experts to appear violated the right of the accused to call and to question witnesses, a fundamental principle of the right of defence according to international human rights law.

While noting the courtOs assessment that the evidence of international medical experts was unnecessary in the light of that provided by Libyan medical experts, Amnesty International believes that it should have been taken into consideration. Crucially, new findings had come to light in 2006 appearing to strengthen the conclusions which AIDS experts Luc Montagnier and Vittorio Colizzi presented in the first trial indicating that the infections were caused by poor hospital hygiene, had started before the defendants began working at the hospital and spread after they had ceased working there. This evidence was all the more important given recent reports by international medical experts in the scientific journal Nature questioning the analysis of a study written by five Libyan medical experts in 2003, which was key to the prosecutionOs case in both the first and second trials.

Background

Palestinian doctor Ashraf Ahmad JumOa Al-Hajouj and Bulgarian nurses Valya Georgieva Chervenyashka, Snezhana Ivanova Dimitrova, Nasya Stoycheva Nenova, Valentina Manolova Siropulo and Kristiana Venelinova Valcheva have been in detention since 1999. They were first sentenced to death by firing squad in May 2004 after being convicted of deliberately infecting 426 children with HIV in al-Fateh ChildrenOs Hospital, Benghazi. The death sentences were overturned on 25 December 2005 by the Supreme Court, which ordered the health professionals to be retried after noting OirregularitiesO in their arrest and interrogation. The retrial began on 11 May 2006 at a criminal court in Benghazi, concluding with the death sentences of 19 December 2006.

The verdict has sparked strong reactions from the international community. Former UN Secretary-General Kofi Annan expressed deep concern about the death sentences before he left his post at the end of 2006 and offered the support of the UN in all efforts to address the needs of the infected children and to find a humane solution for the fate of the medics. The Joint UN Programme on HIV/AIDS (UNAIDS) has called for the death sentences to be reviewed in the light of evidence showing that the virus circulated before the health professionalsO arrival.

The EU has expressed serious concerns with regard to the basis on which the accused persons were prosecuted, their treatment while in custody and the lengthy delays in the process, while the African Union and Arab League have called on all parties not to politicize the trial and the tragedy of the affected children.

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EU Committee of the Regions
February 16, 2007

Declaration from the President of the Committee of the Regions Michel Delebarre

Having just welcomed its new members from Bulgaria and Romania, the Committee of the Regions strongly emphasises that these two countries form an integral part of the area of solidarity that is the European Union.

The Committee roundly condemns the verdict handed down by Libya's criminal court on 19 December 2006, whereby five EU citizens O Bulgarian nurses Kristiana Vulcheva, Nasya Nenova, Valentina Siropulo, Valya Chervenyashka and Snezhana Dimitrova O and Palestinian doctor Ashraf al-Haiui were found guilty and sentenced to death, accused of deliberately infecting over 400 children with the AIDS virus at a Benghazi hospital in 1999.

The Committee of the Regions firmly reiterates its opposition to the death penalty: a ban on the death penalty is an essential factor for human dignity and is one of the cornerstones of the European rule of law.

Further to the numerous initiatives organised throughout Europe in support of our fellow European citizens, we call for their swift release, given that solid evidence of their innocence has been provided. We also urge that any roadmap for their release be drawn up in the context of the Benghazi epidemic.

The Committee is concerned by the suffering of the victims of the epidemic and their families, and supports the HIV Action Plan for Benghazi launched by the EU in 2004, which earmarked 2.5 million euros for technical and medical assistance to the victims and support for the Libyan authorities in combating AIDS. We believe that this initiative could be backed up by decentralised cooperation projects.

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Jamahiriya News Agency
March 13, 2007

Secretary of European Affairs at the Foreign Liaison expresses regret on the campaign led by the European countries in favor of the accused in the Libyan children's case, while ignoring the tragedy of the innocent children injected with HIV virus (AIDS)

Geneva- Secretary of European Affairs at the GPC for Foreign Liaison and International Cooperation underlined that the crime of injecting hundreds of Libyan children with HIV virus AIDS is considered more dangerous than any similar crime because it is a crime of daily suffering.

The Secretary expressed regret for the media campaigns and political pressures exerted on one party at the expense of the other harmed party.

In addressing the 4th session of the Hunan Rights Council currently held in Geneva, the Secretary said: (It is regrettable that the European countries lead a campaign in favor of the accused and in the mean time, they ignore the humanitarian tragedy of the innocent children and their ill-fated families".

He pointed out that these families witness the death of one child or more almost every day. making clear that this crime committed against more than (400) children and their families is considered an awful crime against innocent children.

The secretary referred, in this context, at the Jamahiriya stand regarding this case. He reiterated Jamahiriya keen desire to provide an open and fair trail of the Bulgarian nurses and the Palestinian doctor.

He said: "The trail was conducted in the presence of the Ambassadors of the European countries accredited to Great Jamahiriya and the local and international Media, representative of international defense groups, civil society institutions and national and international human rights organizations".

He also indicated that lawyers from Bulgaria and Libya were enabled to defend the case of the accused with full freedom and transparency.

The Secretary pointed out that the case is under the jurisdiction of the Supreme Court, which alone has the right to uphold or over rule the verdict.

He added: "If the Supreme Court upheld this verdict , it will be submitted to the Supreme Judiciary Council which is authorized by the Libyan Law wide jurisdictions starting from approving the verdict or easing it and ends with pardon according to the social and humanitarian considerations of this case."

He affirmed that speeding up in resolving this case will be in the interest of all sides.
He called the Council to continue its endeavors to urge the world community to actually contribute to the International Fund in favor of the Libyan children the injected victims with HIV virus (AIDS).

The Secretary mentioned that this Fund has been established upon a joint initiative by the United States, United Kingdom and the European Union, in addition to Great Jamahiriya and Bulgaria with the aim of helping in the treatment of the infected children in specialized centers out side the Jamahiriya, the development of Benghazi Medical Center , in addition to offering financial aid to the victims' families.

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European Affairs at GPC for Foreign Liaison and International Cooperation Comments on the American President's Statement regarding the Bulgarian Nurses.

Tripoli/02.06.07 - Jana - Commenting on the American President, George Bush statement Friday regarding the Bulgarian nurses that injected Libyan children, the victims, with HIV virus (AIDS ): the European Affairs at the GPC for Foreign Liaison and International Cooperation said:

" We wished that the American President, Bush, affirms his sympathy with the tragedy of those children and the suffering of their families that will last for long years to come."

The Secretary of European Affairs at the Committee pointed out that there were contacts and negotiations to find a satisfying solution to all sides after the issue of the final verdict in this case by the fair Libyan Judiciary.

No one has the right to interfere in the Libyan Judiciary affairs and we confirm our respect of the independence of our judicial system in the same way that others confirm the independence of judiciary in their countries , the Secretary added.

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