'Aids' medics' trial delayed

2006-09-21 21:12

Tripoli - The retrial of six foreign medics facing a possible death penalty on charges they infected hundreds of Libyan children with HIV was adjourned on Thursday after a defence lawyer failed to show up in court.

"The trial was postponed until October 31," said the court President Mahmoud Haouissa, citing the absence of leading defence lawyer Othmane Bizanti.

The six medics have been detained since 1999.

A first trial of the five Bulgarian nurses and a Palestinian doctor ended with their conviction on charges they intentionally infected 426 children with HIV in Benghazi hospital.

The supreme court last year overturned the ruling, which had resulted in death sentences by firing squad, and ordered the case to return to a lower court.

The medics have denied the charges in both their first and second trials and have repeatedly testified that they were tortured to make them confess.

Release medics on parole

The medics' case, as well as questions over Libya's human rights record, have been seen as hurdles to expanded links with the West at a time when Washington is in the process of resuming full diplomatic relations with Tripoli after decades of hostility.

"Lawyer Bizanti is sick and he is on hospital.

He sent a hospital certificate signed by his doctor to prove that. That is the reason for the adjournment of the trial," said Bizanti's colleague, Abdallah al Maghribi.

Families of the sick children and their lawyers complained over what they called a lengthy court process, which they said, was adding to their pain.

"We understand the court decision to adjourn, but that is painful for the families of the children and the repeated postponements could be used by the defendants as a legal pretext to demand their release," said Heba Katkout, one of the families' lawyers.

The court has dismissed repeated demands by lawyers to release the medics on parole, arguing the charges are too serious for the defendants to be free.

The retrial had been repeatedly put off since it began in May.

Proposed compensation

It was postponed on July 25 for two weeks when another defence lawyer failed to show up.

Defence lawyer Touhami Toumi said he expected a resolution soon.

"The October 31 hearing session would launch the deliberation proceeding over a ruling. The court will announce a verdict in November," he said, giving no precise reasons for his prediction. Other lawyers said a verdict would take more time.

Washington has long backed Bulgaria and the European Union in saying the medics are innocent.

Libya has proposed compensation, which, the authorities in Tripoli say, would open a way for the pardon and the release of the medics. Sofia rejected the proposal.

Lawyers of the families of the infected children were asking for $11.6m for each child in compensation.

Out of court settlement

With more than 400 children involved, the total compensation demanded would come at around $4.6bn.

Trayan Markovski, a lawyer for the nurses, said speculation that the delays were actually in place so an out of court settlement could be reached was inaccurate.

"A trial that has been going for so long always raises such questions, but this is not the case now," he said.

"We will do our best on the next sitting not to have another delay."

- Reuters