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Reuters: 28 August 1998
Following is the
text of a U.N. Security Council resolution, adopted
unanimously late on Thursday, on the bombing of a Pan
American airliner over Lockerbie, Scotland, on December
1988. A total of 270 people lost their lives.
THE SECURITY COUNCIL,
REAFFIRMING its resolutions 731 (1992) of 21 January
1992, 748 (1992) of 31 March 1992 and 883 (1993) of 11
November 1993,
NOTING the report of the independent experts appointed by
the Secretary-General (S/1997/991),
HAVING REGARD to the contents of the letter dated 24
August 1998 from the Acting Permanent Representatives of
the United Kingdom of Great Britain and Northern Ireland
and of the United States of America to the Secretary-General
(S/1998/795),
NOTING ALSO, in light of the above resolutions, the
communications of the Organisation of African Unity, the
League of Arab States, the Non-Aligned Movement and the
Islamic Conference (S/1994/373, S/1995/834, S/1997/35,
S/1997/273, S/1997/406, S/1997/497, S/1997/529) as
referred to in the letter of 24 August 1998,
ACTING UNDER Chapter VII of the Charter of the United
Nations,
1. DEMANDS ONCE AGAIN that the Libyan Government
comply without delay with resolutions 731 (1992), 748
(1992) and 883 (1993)
2. WELCOMES the initiative for the trial of the two persons
charged with the bombing of Pan Am flight 103 ('the two
accused') before a Scottish court sitting in the Netherlands, as
contained in the letter dated 24 August 1998 from the Acting
Permanent Representatives of the United Kingdom of Great
Britain and Northern Ireland and of the United States of
America ('the initiative') and its attachments, and the
willingness of the Government of the Netherlands to
cooperate in the implementation of the initiative;
3. CALLS UPON the Government of the Netherlands and
the Government of the United Kingdom to take such steps as
are necessary to implement the initiative, including the
conclusion of arrangements with a view to enabling the court
described in paragraph 2 to exercise jurisdiction in the terms
of the intended Agreement between the two Governments,
attached to the said letter of 24 August 1998;
4. DECIDES that all States shall cooperate to this end, and in
particular that the Libyan Government shall ensure the
appearance in the Netherlands of the two accused for the
purpose of trial by the court described in paragraph 2, and
that the Libyan Government shall ensure that any evidence or
witnesses in Libya are, upon the request of the court,
promptly made available at the court in the Netherlands for
the purpose of the trial;
5. REQUESTS the Secretary-General, after consultation with
the Government of the Netherlands, to assist the Libyan
Government with the physical arrangements for the safe
transfer of the two accused from Libya direct to the
Netherlands;
6. INVITES the Secretary-General to nominate international
observers to attend the trial;
7. DECIDES further that, on the arrival of the two accused in
the Netherlands, the Government of the Netherlands shall
detain the two accused pending their transfer for the purpose
of trial before the court described in paragraph 2;
8. Reaffirms that the measures set forth in its resolutions 748
(1992) and 883 (1993) remain in effect and binding on all
Member States, and in this context reaffirms the provisions of
paragraph 16 of resolution 883 (1993), and decides that the
aforementioned measures shall be suspended immediately if
the Secretary-General reports to the Council that the two
accused have arrived in the Netherlands for the purpose of
trial before the court described in paragraph 2 or have
appeared for trial before an appropriate court in the United
Kingdom or the United States, and that the Libyan
Government has satisfied the French judicial authorities with
regard to the bombing of UTA 772;
9. EXPRESSES its intention to consider additional measures
if the two accused have not arrived or appeared for trial
promptly in accordance with paragraph 8;
10. DECIDES to remain seized of the matter.
(ends text)
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