site.btaJanuary 6, 2001: Libyan Court Resumes HIV Infection Case against Six Bulgarian Medics, Decides for Another Adjournment for Feb. 10

The trial in Libya against six Bulgarian medics charged with conspiring to deliberately infect over 400 children with HIV in 1998 in Benghazi commences, after seven postponements, and is adjourned again for February 10.

The defendants are first sentenced to death, then their case is remanded to Libya's highest court, and are sentenced to death again, a penalty which is upheld by Libya's highest court in early July 2007. The six then have their sentences commuted to life in prison. They are eventually released following a deal reached with European Union representatives on humanitarian issues. On 24 July 2007, the six are extradited to Bulgaria, where their sentences are commuted by the President, and they are freed.

The January 6, 2001 development was covered for BTA by its special correspondent in Tripoli Zoya Hristova. Following is the full story of the court hearing:

Trial Against Bulgarian Medics in Libya Adjourned Until February 10

Tripoli, January 6 (BTA spec. corr. Zoya Hristova) - The Libyan People's Court postponed to February 10 the trial against the six Bulgarian medics accused of infecting 393 Libyan children with the HIV virus. Criminal case No 44/99 was instituted on February 7, 2000; this is the eight adjournment at the request of the defence.

The adjournment was first requested by Libyan lawyer Osman Bizanti who is hired by the Bulgarian state, and then by the other lawyers, on the grounds of the absence of the lawyer of Defendant No 1, Palestinian Dr Ashraf al Hadjudj.

Apart from the Bulgarian medics, defendants on the case are nine Libyans who were released on bail, and Dr Ashraf al Hadjudj, former head doctor of the children's hospital in Benghazi where the Bulgarian nurses used to work. The Bulgarian medics were detained on February 9, 1999 together with a larger group of Bulgarians who were later released.

The court turned down a request by Bulgarian lawyer Vladimir Sheitanov (hired by the relatives of the arrested Bulgarians), which was supported by lawyer Bizanti, to place the Bulgarians under house arrest. They, however, will be held under minimum security prison conditions.

The court sitting lasted some 20 minutes. Upon hearing the ruling, the Bulgarian medics burst into tears. "Help us, save us, we cannot take it any more, it is horrible here," they cried at the Bulgarian journalists who approached them after the end of the sitting.

Nurses Nassya Nenova, Valentina Siropoulo, Valya Chervenyashka, Shezhana Dimitrova and Kristiyana Vulcheva, and Dr Zdravko Georgiev, are charged with intentionally infecting 393 children with AIDS, and with behaviour contradicting Libya's laws and traditions.

One of the nine Libyan defendants who have been placed under house arrest failed to appear in person before the court. The judge inquired about the reason for his absence but did not comment it.

Lawyer Bizanti was the first to plead. He was followed by lawyer Maalul, who joined Bizanti in his request for adjournment of the trial and said he would like to further familiarize himself with the paperwork on the case.

The lawyers of the Libyan defendants, too, requested postponement of the trial. One of them noted that in their capacity as doctors and medical experts, the accused Libyans are the people who detected the disease and made efforts to curb its spread. The civil claim lawyer, too, requested a postponement, even though at the previous sitting he insisted to proceed with the case.

Bulgarian lawyer Sheitanov, too, was allowed to plead. His interpreter, a Lebanese who has worked at Tehnoexportstroy and currently works at the Korean Embassy, took oath before the court. Lawyer Sheitanov joined the request for adjournment of the trail, saying that he will present the case of the defence at a later stage. He also said that he was encountering some difficulties as he was not allowed to acquaint himself with the documents and to meet with the defendants, without which, in his words, the defence would be incomplete. Sheitanov recalled that he had notified the court of his demands as early as October 14.

Sheitanov requested that the Bulgarian medics be placed under house arrest because of their complicated physical and mental state, arguing that at every meeting with the Bulgarian consul the Bulgarians ask for medicines. He cited the principle that the defendants are presumed innocent, adding that they have been in prison for two years and that this is incompatible with the above principle. Lawyer Sheitanov also said that he will not be able to defend the defendants' civil rights without reading the documents, without being allowed to meet them, without the proof presented by himself and his colleagues being admitted to court, and without the medics' relatives being allowed to visit Libya and meet with them.

Finally, he congratulated the court and the Muslims attending the trial on the occasion of the Ramadan and asked the court to allow him to congratulate the defendants with the recent Christian holidays.

After the court sitting Bizanti said that he could not make projections as to whether this is the last adjournment, as such a decision can be taken by the court only. Commenting on the fact that the Bulgarian medics said at a meeting with Bulgarian consul to Tripoli as early as October 1 that they wish the case to be proceeded with, Bizanti replied that this is a legal procedure which does not depend on the wish of the defendants. He said that he requested another adjournment because of the absence of Dr Ashraf al Hadjudj's lawyer, Lawyer Tumi, because in his opinion, it is crucial that Tumi plead before the court.

The Bulgarians looked in good physical state and in high spirits at the beginning of the court sitting. They were dressed in dark clothes, their hair was combed. The women had make up. Before the court sitting they talked with the Palestinian doctor with whom they shared a ward. The Libyan defendants were in another one.

Bulgarians made up the largest group in the court room. Apart from the journalists, attending the court sitting were Embassy officials, Dr Danail Beshkov, Director of the National AIDS Laboratory, lawyer Plamen Yalnuzov, envoy of an interdepartmental commission on the case, and Alexander Koburov, representative of Expomed, the company which arranges that Bulgarian medics work in Libya. Before the beginning of the court hearing lawyers Yalnuzov, Bizanti, and Sheitanov had a brief conversation.

The three cameramen of the Bulgarian national television, Nova TV and bTV, were not admitted to the court hall, but were allowed to take pictures outside the building in the courtyard. National television correspondent Nina Spassova was the only journalist admitted to the court room before the October court sitting. In October, other Bulgarian journalists, too, were issued visas for Tripoli, and the November 4 court sitting was covered by eight journalists. Their number was still bigger at the January 6 sitting.