Megrahi release: A question of compassion?

How did Libya try to secure Megrahi's release?

Kenny MacAskill had to consider two requests to send Megrahi home. The first was submitted by the Libyan government on 5 May 2009 asking for Megrahi to be sent back to serve the rest of his sentence in a Libyan jail under a prisoner transfer treaty brokered between Tony Blair and Muammar Gaddafi in 2007. The second request was from Megrahi himself, on 24 July 2009, for compassionate release because his terminal prostate cancer was now in its final stages: he had less than three months to live. On 14 August, two days after it emerged that the Libyans had been secretly told that Megrahi would be released, Megrahi suddenly said he would drop his appeal.

What are the terms of compassionate release, and how widely is it used?

Under Scottish prison rules, any inmate with less than three months to live can apply for compassionate release if they have medical evidence they are close to death. Out of 30 applications, 23 have been accepted because they have medical proof of terminal illness, including one child killer freed by the then Liberal Democrat justice minister Jim Wallace.

Who did MacAskill talk to in considering his decision?

MacAskill insists he consulted every relevant group and government: US relatives; the US attorney general, Eric Holder; Libyan government officials; UK families; Megrahi's doctors; the Scottish prison service and parole board; and, controversially, he met Megrahi in person. He also took an angry call from the US secretary of state, Hillary Clinton, the day after news of Megrahi's impending release was leaked.

How much contact was there between the UK and Scottish governments? MacAskill was in contact with the foreign office minister Ivan Lewis over the prisoner transfer agreement. London was also given early notice of MacAskill's decision. This was to allow Downing Street and the foreign office to advise the Libyan authorities on how to handle the return of Megrahi. London says it put no pressure on Edinburgh.

Was MacAskill likely to be influenced by the UK government?

No. Alex Salmond was very hostile to the prisoner transfer agreement. Although only the Scottish government could release Megrahi, because it has sole jurisdiction over the Scottish legal system, the deal had been brokered without his knowledge by Blair to help London's links with Libya. MacAskill believed the treaty was ethically wrong. He claimed the UK government had promised the US it would not release Megrahi, but said compassionate release was different.

Is Gordon Brown right to remain silent?

The prime minister believes if he offered an opinion he would undermine Scotland's constitutional settlement. Critics say the British government helped establish the framework for the release of Megrahi, and that it is absurd for Brown, Scotland's most prominent politician, not to say anything.

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