Holding a Criminal Term
 

 United States of America

v.
 ABDELBASSET ALI AL-MEGRAHI,
A/K/A ABDELBASET ALI MOHAMED,
A/K/A ABDELBASET ALI MOHAMED AL-MEGRAHI,
A/K/A "MR.BASET",
A/K/A AHMED KHALIFA ABUSAMAD;

LAMEN KHALIFA FHIMA,
A/K/A AL AMIN KHALIFA FHIMA,
A/K/A "MR. LAMIN"
 

Criminal no.
 

Grand Jury Original
 

Violations: 18 U.S.C. §§ 371, 32, 34, 844(i), 2331, and 2

(Conspiracy to Destroy a Civil Aircraft of the United States,
to Destroy a Vehicle Used in Foreign Commerce by Means of an Explosive,
to Kill Nationals of the United States,
Destroying a Civil Aircraft;
Destroying a Vehicle Used in Commerce by Means of an Explosive;
Killing Nationals of the United States;
Aiding and Abetting)
 

INDICTMENT
 

The Grand Jury charges that:
 

COUNT ONE

INTRODUCTION
 

At all times material to this Indictment, except as otherwise indicated:

1)  The Socialist People’s Libyan Arab Jamahiriya (hereinafter referred to as "Libya") was a nation located on the mediterranean coast of North Africa.

2)  The Jamahiriya security Organization (hereinafter referred to as "JSO") was the intelligence service through which Libya conducted acts of terrorism against other nations and repressed the activities of Libyan dissidents abroad.

3)  The JSO was divided into various administrations and sections, including Technical Administration.

4)  The Technical Administration’s responsibilities included assisting other administrations within the JSO in developing technical equipment and to provide technical support to JSO operations in Libya and abroad.

5)  In 1984-85, Said Rashid Kisha (hereinafter referred to as Said Rashid) was the Assistant manager of the Technical Administration of the JSO, and in 1985 requested Edwin Bollier of the Swiss firm of Meister et Bollier to develop timers for the Libyans.

6)  From 1985, to on or about January 1, 1987, Said Rashid was Director of the Operations Administration of the JSO.

7)  The Operations Administration of the JSO was further divided into various sections including the Airline Security Section.

8)  The Airline Security Section of the JSO was responsible for the following functions:
     a)  providing physical security for the Libyan Arab Airlines (hereinafter referred to as "LAA") aircraft and passengers on
         domestic and international flight; and
     b)  overseeing the covert placement and intelligence operations of JSO officers as employees of LAA in various countries,
          including the Republic of Malta.

9)  During the period while Said Rashid was the Director of the Operations Administration, ABDELBASSET ALI AL-MEGRAHI was the Chief of the Airline Security Section.

10)  Izzel Din Al Hinshiri (hereinafter referred to as "Hinshiri") at various times material to this Indictment held the folowing positions: Libyan Minister of Transportation, Minister of Justice, Secretary general of the People’s Committee for Justice in Libya, Director, and Assistant to the Director, of the Central Security Administration of the JSO.

11)  At various times material to this Indictment, beginning in 1985 and continuinginto 1986, Hinshiri received, and caused to be received on behalf of the JSO, 20 prototype digital electric timers, Model MST-13, capable of initiating an explosive device, which had been manufactured by the Swiss firm of Mesiter et Bollier.

12)  Meister et Bollier Ldt., telecommunications, a/k/a MEBO AG, was a company located in Zurich, Switzerland, which maintained a close business relationship with elements of the Libyan military and JSO as a manufacturer and supplier of technical equipment.

13)  ABH was a Libyan front company which sublet office space in Zurich, Switzerland, from Meister et Bollier.

14)  Badri Hassan was a citizen of Libya, who was associated along with ABDELBASSET in the activities of ABH in Zurich, Switzerland.

15)  At various times material in 1988, the Libyan JSO issued semtex explosives containing the substances RDX and PETN, electric blasting caps or detonators, and MST-13 digital electric timers capable of initiating an explosion at a predetermined future time, to JSO operatives who engaged in cover terrorist operations outside of Libya, including in the Republic of Senegal.

16)  Libyan Arab Airlines was the national airline of Libya and was utilized by the JSO to facilitate its acts of terrorism and repression.

17)  Air Malta, the national airline of the Republic of Malta, was the handling agent for LAA flights to and from Luqa Airport, Malta, and as such utilized Air Malta luggage tags on luggage destined for Libyan Arab Flights.

18)  Air Malta employees boarding passengers and luggage for Libyan Arab Airline flights were assisted by a representative of LAA.

19)  The Defendent LAMEN KHALIFA FHIMA A/K/A AL AMIN KHALIFA FHIMA A/K/A "MR. LAMIN" (hereinafter referred to as "Lamen Fhima"), was a citizen of Libya, and was utilized by the JSO in various cover positions, including at various times as the Station Manager and representative for LAA at Luqa Airport, Malta.

20)  The Defendent LAMEN FHIMA had acess to Air Malta luggage tags and the Air Malta facilities used to board passengers and baggage for LAA flights from Luqa Airport, Malta.

21)  The Defendent ABDELBASSET ALI AL-MEGRAHI, A/K/A ABDELBASET ALI MOHAMED, A/K/A ABDELBASET ALI MOHAMED AL-MEGRAHI, A/K/A "MR.BASET", A/K/A AHMED KHALIFA ABUSAMAD (hereinafter referred to as ABDELBASSET), was a citizen of Libya and was utilized by the JSO in various positions including as the Chief of the Airline Security Sections, Operations Division, and as such was familiar with international airline security procedures.

22)  On December 21, 1988, between 0850 and 0950 hours, (CET), LAA Flight LN 147 to Tripoli, Libya, on which the Defendant ABDELBASSET was travelling, was boarding at Luqa Airport, Malta, while Air Malta Flight KM-180 to Frankfurt, Germany, was also open for check-in between 0815 and 0915 hours, CET.

23)  On December 21, 1988, Air Malta Flight KM-180 from Luqa Airport, Malta, arrived at approximately 1250 hours, CET, at Franfurt Airport, Germany.

24)  On December 21, 1988, at approximately 1600 hours, CET, Pan Am Flight 103A, with connecting service to London’s Heathrow Airport and Pan Am Flight 103, departed Frankfurt, with an item of luggage that had been transferred from Air Malta Flight KM-180.

25)  On December 21, 1988, between approximately 1740 hours and 1807 hours, GMT, luggage from Pan Am Flight 103 A arriving from Frankfurt, Germany, was loaded onto Pan Am Flight 103 (United States Aircraft number N739PA) at London’s Heathrow Airport.

26)  Pan American World Airways was an airline owned by corporation created under the laws of a State of the United States and registred under Chapter 20, Title 49 of the United States Code, which airline flew its aircraft in comerce between the United States and other countries; and operated aircraft leased from and owned by a coporation created under the laws of the State of New York.

27)  Pan American World Airways aircraft bearing number N739PA was a cibil aircraft of the United States registred with the Federal Aviation Administration as required by Title 49 U.S.C. App., Section 1401, and operating within the special aircraft jurisdiction of the United States as defined by Title 49 U.S.C. App., Section 1301 (38).

28)  On December 21, 1988, Pan American World Airways Flight 103 was operating in foreign air commerce between London’s Heathrow Airport in the United Kingdom, and John F. Kennedy Airport in the USA.

29)  On December 21, 1988, Pan American World Airways Flight 103 carried two hundred fifty-nine people (two hundred forty-three passengers and sixteen crew members) who were citizens of the following countries: USA, United Kingdom of Great Britain and Northern Ireland, Switzerland, France, canada, Israel, Argentina, Sweden, Ireland, Italy, Hungary, South Africa, Germany, Spain, Jamaica, Phillipines, India, Belgium, Trinidad, Japan and Bolivia.

30)  On December 21, 1988, at approximately 7:03 p.m. GMT, Pan American World Airways Flight 103 broke apart in Scottish airspace at an altitude of 31,000 feet as the result of the detonation of an explosive device in its forward cargo hold;

31)  As the result of the explosion, Pan American World Airways Flight 103 was destroyed and fell to earth, killing all two hundred fifty-nine passengers and crew, as well as eleven residents of the Scottish town of Lockerbie.

THE CONSPIRACY

32)  From on or about the summer of 1985 to and including the date of the return of this Indictment, within the nations of Libya, Switzerland, Malta, Germany, the United Kingdom and elsewhere outside the United States of America, the Defendants ABDELBASSET and LAMEN FHIMA, together with others unknown to the Grand Jury, did unlawfully, willfully and knowingly, conspire, combine and agree together and with others to commit terrorist acts against the United States of America and its citizens.

33)  It was a part of the conspiracy that the Defendants and co-conspirators would and did place and cause to be placed a destructive device and substance in and upon Pan American World Airways Flight 103, an aircraft within the special aircraft jurisdiction of the United States and a civil aircraft used, operated, and employed in overseas and foreign air commerce; in violation of Title 18, United States Code, Sections 32 (a) (2) and 2.

34)  It was a further part of the conspiracy that the Defendants and co-conspirators would and did damage and destroy, by means of an explosive device, Pan American World Airways Flight 103, an aircraft within the special aircraft jurisdiction of the United States and a civil aircraft used, operated, and employed in overseas and foreign air commerce; in violation of Title 18, United States Code, Sections 32 (a) (1) and 2.

35)  It was a further part of the conspiracy that the Defendants and co-conspirators would and did damage and destroy by means of an explosive device, Pan American World Airways Flight 103, a vehicle used in foreign commerce and in an activity affecting foreign commerce; in violation of Title 18, United States Code Section 844 (i) and 2.

36)  It was a further part of the conspiracy that the Defendants and co-conspirators would and did kill nationals of the United States while such nationals were outside the United States, the killing being murder as defined by Section 1111 (a) of Title 18, United States Code; in violation of Title 18, United States Code, Sections 2331 (a) and 2.

37)  It was further a part of the conspiracy that the Defendants and co-conspirators would and did conceal the involvment of the Libyan JSO in terrorist acts against the United States and its citizens.
 

THE MANNER AND MEANS USED BY THE CONSPIRATORS TO FURTHER THE OBJECTS OF THE CONSPIRACY

38)  Among the means used by the Defendants and co-conspirators to further the objects of the conspiracy were the following:
 
a)  The Defendants and co-conspirators, as officers and operatives of the JSO, utilized the resources and facilities of the nation of Libya, including the JSO, to carry out their scheme to destroy an American aircraft by means of an explosive device and to kill passengers on board the aircraft.

b)  The Defendants and co-conspirators constructed and caused to be constructed an improvised explosive device consisting of plastic explosives containing the substances RDX and PETN, and an MST-13 prototype digital electronic timer, capabe of initiating an explosion at a predetermined future time, which had been manufactured for and delivered to the Libyan JSO by the Swiss firm of Meister et Bollier during the period of 1985 to 1986 at the request of Said Rashid and Hinshiri.

c)  The Defendants and co-conspirators  caused the improvised explosive device to be concealed inside a portable radio cassette player.

d)  The Defendants and co-conspirators  caused the radio cassette player to be placed inside a brown colored Samsonite Silhouette 4000 range suitcase.

e)  The Defendants and co-conspirators  caused that suitcase to be packed with clothing, purchased in Malta, to provide the appearance of a normal travel bag.

f)  The Defendants and co-conspirators  caused the suitcase, with the armed device concealed within in, to be placed in the stream of international airline passenger luggage at Luqa Airport in the Republic of Malta.

g)  The Defendants and co-conspirators  utilized various false identities to enter Malta and other nations within which the conspiracy was carried out.

h)  The Defendants and co-conspirators  utilized their knowledge and access gained as a result of their employment with Libyan Arab Airlines to circumvent and evade Maltese customs and airline security at Luqa Airport and elsewhere; and improperly obtained and utilized the Air Malta baggage tags to cause the interline transfer of the suitcase, containing the explosive device, to other aircrafts.

i)  The Defendants and co-conspirators  caused the suitcase containing the explosive device to be placed into the baggage compartment of Air Malta Flight KM-180 at Luqa Airport, Malta; caused the same suitcase to be transferred from Air Malta Flight KM-180 to Pan American World Airways Flight 103A in Frankfurt, Germany; caused the same suitcase to be further transferred to Pan American World Airways Flight 103 at Heathrow Airport, London, United Kingdom; caused the detonation of the explosive device during Pan American World Airways Flight 103’s journey to the United States; and caused the destruction of Pan American World Airways Flight 103 and the death of two hundred seventy persons in the aircraft and on the ground.

OVERT ACTS

39)  In order to further the conspiracy and to achieve its objectives, the following overt acts, among others, were committed in Libya, Switzerland, Malta, Germany, the United Kingdom, and elsewhere:

a)  In or about the summer of 1988, LAMEN FHIMA stored a quantity of plastic explosive in his office at the Libyan Arab Airline Station, Luqa Airport, Malta.

b)  In or about the fall of 1988, ABDEL BASSET flew from Tripoli, Libya, to Luqa Airport, Malta, on Libyan Arab Airlines.

c)  On or about December 7, 1988, ABDEL BASSET traveled from Libya to Malta.

d)  On or about December  7, 1988, ABDEL BASSET registred at the Holiday Inn, Sliema, Malta, using the name "ABDEL BASSET A. MOHMED", a "FLIGHT DISPATCHER" (sic) for LAA.

e)  On or about December the 7, in Sliema, Malta, ABDEL BASSET purchased items of clothing from Mary’s House, a retail store located approximately 300 yards from the hotel in which ABDEL BASSET was staying.

f)  On or about December 9, 1988, ABDEL BASSET traveled from Malta to Zurich, Switzerland.

g)  On or about December 15, 1988, LAMEN FHIMA made the following entries in his diary: "Abdel Basset is coming from Zurich with Salvu..." and "take taggs (sic) from Air Malta."

h)  On or about December 15, 1988, LAMEN FHIMA made an additional entry in the "Notes" section of his diary: "bring the tags from the Airport (ABDEL BASSET-ABDUL SALAM)"

i)  On or about December 15, 1988, LAMEN FHIMA  made an additional entry in his diary by writing the letters "OK" adjacent to the notation:" ABDEL BASSET is coming from Zurich with Salvu...take taggs (sic) from Air Malta."

j)  On or about December 17, 1988, ABDEL BASSET traveled from  Zurich, Switzerland, to Luqa Airport, Malta, and then on to Tripoli, Libya.

k)  On or about December 18, 1988, LAMEN FHIMA traveled from Malta to Libya for a meeting with ABDEL BASSET.

l)  On or about December 20, 1988, ABDEL BASSET traveled from Libya to Luqa Airport, Malta, using the false identity of "AHMED KHALIFA ABUSAMAD"

m)  On or about December 20, 1988, LAMEN FHIMA traveled from Tripoli, Libya to Luqa Airport, malta, on the same flight as ABDEL BASSET.

n)  On or about December 20, 1988, the Defendants and co-conspirators  brought a large, brown hardsided Samsonite suitcase into Malta.

o)  On or about December 20, 1988, ABDEL BASSET had a meeting with LAMEN FHIMA in Malta.

p)  On or about December 20, 1988, ABDEL BASSET registred at the Holiday Inn, Sliema, Malta, under the false name "AHMED KHALIFA ABUSAMAD".

q)  On or about December 21, 1988, AT APPROXIMATELY 7:11 A.M., CET, ABDEL BASSET placed a telephone call to LAMEN FHIMA from the Holiday Inn, Sliema, Malta.

r)  On or about December 21, 1988, ABDEL BASSET, traveling under an assumed name, departed Luqa Airport, Malta, on LAA Flight LN 147 to Tripoli, Libya.

s)  On or about December 21, 1988, between 0815 and 0915 hours, CET, the Defendants and co-conspirators  unknown to the Grand Jury, caused a brown, hard-sided Samsonite suitcase containing an explosive device incorporating an MST-13 timer, previously manufactured for the JSO, to be introduced as part of the interline baggage in Air Malta Flight KM-180 to Frankfurt, Germany.

t)  On or about December 21, 1988, the Defendants and co-conspirators  unknown to the Grand Jury, destroyed aircraft N739PA as charged in Count Three of this Indictment, the allegations of which are hereby re-alleged and incorporated by reference.

u)  On or about December 21, 1988, the Defendants and co-conspirators  unknown to the Grand Jury, by means of fire and explosives destroyed aircraft N739PA, and as a direct result therof caused the death of two hundred seventy persons as set forth in Counts Two and Three, the allegations of which are hereby re-alleged and incorporated by reference.

v)  On or about December 21, 1988, the Defendants and co-conspirators  unknown to the Grand Jury, by means of fire and explosives destroyed aircraft N739PA, and as a direct result therof, did murder one hundred eigthy-nine nationals of the United States, as set forth in Counts Five through One Hundred Ninety Three, the allegations of which are hereby re-alleged and incorporated by reference.
(Violation of Title 18, United States Code, Section 371)

COUNT TWO - ONE HUNDRED NINETY-EIGHT

We didn’t print all those counts on the LOCKERBIE CD-ROM, since they just consist of names of victims and already alleged counts incorporated by referneces under Count One.