
一名被指控制造炸弹、导致一架美国客机在洛克比上空坠毁的利比亚男子,在距离事发24多年后,其要求驳回案件的请求被法院驳回。
A Libyan man accused of building the bomb that brought down an American airliner over Lockerbie more than 24 years ago has lost his bid to have the case thrown out of court.
阿布·阿吉拉·马苏德·马里米曾主张,他在2022年从利比亚被移交美国羁押时,是非法“引渡”的受害者。
Abu Agila Mas'ud al-Marimi had claimed he was the victim of an illegal rendition when he was transferred into US custody from Libya in 2022.
美国一名联邦地区法院法官裁定,其被带离利比亚的方式不应阻碍其于1月在华盛顿接受审判。
A US district court judge has ruled that the manner of his removal should not prevent his trial going ahead in Washington in January.
马里米否认在“泛美103号班机”空难中扮演关键角色,该事件于1988年12月21日造成270人死亡。
Marimi has denied playing a key role in the attack on Pan Am 103, which killed 270 people on 21 December 1988.
他试图让案件被驳回的请求,通过提交华盛顿法院的文件公之于众。
His attempt to have the case dismissed was made public through documents lodged with the court in Washington.
马里米的律师称,2022年,武装民兵成员在半夜对他位于的黎波里的住所实施“神秘莫测的行动”,将其暴力绑架。
Marimi's lawyers said he was violently abducted from his home in Tripoli in 2022 by armed members of a militia, "in a cloak and dagger operation conducted in the middle of the night".

他们指控称,几周后,在未获准会见律师的情况下被关押在一处拘留中心后,他被移交给联邦调查局(FBI)特工,在米苏拉塔的一座机场登机飞往美国。
They alleged that weeks later, after being held without access to lawyers in a detention centre, he was handed over to FBI agents at an airport in Misrata and flown to the United States.
马里米辩称,美国侵犯了他的宪法权利,并违反了美利两国之间的引渡协议,因此案件应被驳回。
Marimi argued the case should be dismissed because the United States had invaded his constitutional rights and violated extradition agreements between the US and Libya.
英国广播公司(BBC)苏格兰新闻部获得的法庭记录显示,审判法官达布尼·弗里德里希驳回了辩方的动议。
Court transcripts obtained by BBC Scotland News have revealed that trial judge Dabney Friedrich rejected the defence motion.
她援引了一项长期存在的美国法律原则,该原则规定,如果嫌疑人曾遭受强行绑架,并不损害法院对其进行审判的权利。
She referred to a longstanding American legal doctrine, which stipulates that a court's right to hold a trial is not impaired if the suspect has been the subject of a forceful abduction.
法官表示:“这一规则基于这样一个原则:当嫌疑人出庭后,经公正审判并依据宪法程序保障被定罪时,法律的正当程序即得到满足。”
"This rule rests on the principle that due process of law is satisfied when one present in court is convicted of a crime after a fair trial and in accordance with constitutional procedural safeguards," said the judge.
“换言之,宪法中没有任何内容要求法院允许一名被依法定罪的有罪者逃避正义制裁,仅仅因为他是被迫被带到法庭受审的。”法官在裁决中表示,该原则存在两个例外情况。
"Put differently, there's nothing in the Constitution that requires a court to permit a guilty person rightfully convicted to escape justice because he was brought to trial against his will." In her ruling, the judge said there were two exceptions to that doctrine.
其中一个例外适用于马里米是通过美国政府“蓄意、不必要且不合理地侵犯”其宪法权利而被带到法庭的情况。
One would apply if Marimi had been brought before the court through the US government's "deliberate, unnecessary and unreasonable invasion" of his constitutional rights.
要触发这一例外,受质疑的行为必须是由美国官员实施,或在其指示下实施的。
For that exception to be triggered, the challenged conduct had to be carried out by, or at the direction of, US officials.
法官表示,马里米的指控“充其量只能表明美国政府官员向利比亚官员施压以促成引渡,而非表明美国政府官员指导或控制了受质疑的行为。”该原则的第二个例外适用于美国政府违反了引渡协议,而该协议是两国之间移交嫌疑人的唯一途径的情况。法官表示,美国政府援引了两项公约以确保马里米出庭受审。
The judge said Marimi's allegations "at best suggest that US government officials exerted pressure on Libyan officials to facilitate a rendition, not that US government officials directed or controlled the challenged conduct." The second exception to the doctrine would apply if the US government had violated an extradition agreement which was the only way a suspect could be transferred between the two countries. The judge said the US government had invoked two conventions to secure Marimi's appearance in a US court.
她说:“《蒙特利尔公约》和《制止恐怖主义爆炸公约》均未规定,它们是一国为起诉目的而获得另一国国民监护权的唯一途径。”
"Neither the Montreal Convention nor the Terrorists Bombing Convention provides that it is the only way by which one country may gain custody of a national of another country for the purposes of prosecution," she said.
“因此,利比亚可以自由选择任何其认为合适的方式将马里米先生移交给美国。”在马里米审判临近之际,辩方与控方已进行了一系列法律交锋,审判目前定于1月19日开始,此前已推迟了三次。
"Accordingly, Libya was free to transfer Mr Al-Marimi to the United States using any method it chose." The defence and prosecution have fought a series of legal battles in the approach to Marimi's trial, which is now scheduled to get underway on 19 January after three postponements.
在另一项裁决中,法官驳回了辩方要求排除马里米据称于2012年在利比亚被羁押期间所作供述的动议。
In another ruling, the judge rejected a defence motion to suppress a confession alleged to have been made by Marimi when he was in custody in Libya in 2012.
根据联邦调查局的说法,马里米承认制造了炸毁泛美103号航班的炸弹,该行动由利比亚情报部门实施。马里米声称该供述是虚假的,是在胁迫下作出的。
According to the FBI, Marimi admitted building the bomb which destroyed Pan Am 103 in an operation carried out by the Libyan intelligence service. Marimi has claimed the confession was false and was made under duress.
与洛克比空难有关的唯一一次刑事审判发生在2000年5月至2001年1月期间,当时三名苏格兰法官裁定利比亚情报人员阿卜杜勒巴塞特·阿里·穆格拉希在该阴谋中发挥了关键作用。
The only previous criminal trial related to the Lockerbie bombing took place between May 2000 and January 2001, when three Scottish judges convicted Libyan intelligence agent Abdulbasset al-Megrahi of playing a key role in the plot.
穆格拉希被判处终身监禁,但在被诊断出患有绝症癌症后,于2009年由苏格兰政府以同情为由释放。三年后,他在的黎波里家中去世。
Megrahi was jailed for life but released on compassionate grounds by the Scottish government in 2009 after he was diagnosed with terminal cancer. He died three years later at home in Tripoli.