Wednesday 12 August 2009

Compassion vs Justice

I have known the town of Lockerbie for much of my life. On the 22nd December, 1988, I drove along the motorway that passes Lockerbie, returning to my parents house for Christmas. I have never known such a feeling of despair and pain as I felt passing the site of the crashed wreckage of the Pan Am airliner which plunged into the town, after the bomb exploded on board the day before.

Scotland's government is now considering the fate of Abdel Basset Ali al-Megrahi, the man convicted of the bombing. Mr Megrahi is terminally ill with prostate cancer, and is not expected to live very much longer. As such, his lawyers have lodged an appeal for compassionate release, which the Scottish Justice Minister is currently giving due consideration.

There are considerable doubts as to whether this man actually committed this crime; many of the relatives of the British victims, and prominent Scottish politicians, harbour very real doubts about the evidence and the process, as does the UN observer at the trial. Megrahi has an appeal against both his conviction and his sentence pending, but it is doubtful that he will live long enough to see that process to it's conclusion. This is a shame, as many questions remain unanswered, and the appeal may shed light on some of these.

The reaction to this appeal for compassionate release has revealed much about the two countries primarily involved. Britain, a largely secular, even irreligious, society seems very much divided in it's opinion. It is striking that many of the victims families in the UK are quite vocal in calling for compassion for Megrahi. In America, in contrast, there seems to be almost unanimous opposition to compassion, especially amongst the victims families, and yet the US is a very much more vocally Christian country. What are we to make of this?

As a Quaker, I am committed to both the concepts of justice and compassion. Megrahi has served 8 years in a high security Scottish jail. As a percentage of his likely lifespan after his conviction that is considerable. We certainly can not regard him as a public threat, as he is practically crippled by his cancer. He wishes to spend the little time that remains to him with his family, who are presumed to be innocent of any such crime. However, it is undeniable that, assuming he is guilty, this was a particularly horrendous crime, and that justice must be served.

It is certainly a dilemma, and not one I envy Kenny MacAskill, the Scottish Justice Minister. He is likely to be condemned whatever he decides. Luckily for him, the decision is to be taken on purely legal grounds. Or as purely as politics allows! He does not have to balance the moral considerations in making that decision, though he will undoubtedly have moral views of his own. It is, indeed, a poisoned chalice, from which few would welcome the opportunity to drink.

If we believe in a theistic God, as many of those involved certainly do, then we must also believe that justice ultimately lies in the hands of that God, and that no matter what happens here, justice will be served in an afterlife. As a Muslim, Megrahi must surely believe the same. Christians have a duty to compassion also, and there can be no more eloquent testimony to the strength of that Christian belief than showing compassion to this man, and his family, regardless of his guilt. That is what Jesus is supposed to have asked of his followers, and hard as it is, if you are a Christian, then that is the burden which you must embrace.

William Penn, a respected historical Quaker, and founder of the state of Pennsylvania in the US, famously stated that "men are to be judged by their likeness to Christ, rather than their notions of Christ". Jesus is reputed to have asked for forgiveness for his tormentors in one of his last living statements before death on the cross. There seems little doubt to me what his example to us would be, if faced with such a dilemma.

Those of us who do not believe in God, must ask themselves whether justice is actually served by keeping a dying and incapable man in jail. There must surely come a point when our necessary humane compassion towards a fellow human being forces us to overcome our qualms about his release and our desire for vengeance, whatever his alleged crime. That release would be a profound demonstration of the values of our society to those who question the validity of those values.

It is with a little difficulty that I conclude that as a civilised society, or as Christians, or as Quakers, or as simply humane human beings, there is no alternative than to release Megrahi, as the time is judged right, in order to give his family a short time with him before his death. Personally, I believe there are very grave question marks about the man's guilt, but that is almost an irrelevance in this situation. The issue is bigger than that. I find myself asking, how do we better counter and disarm the hate and violence of terrorism, than to demonstrate love and compassion towards it's perpetrators when called upon to do so?

2 comments:

  1. Today it was announced that al-Megrahi has, indeed, been granted compassionate release, and has now returned to Libya to die with his family. I know that many around the world will be outraged, and will not understand that decision. Yet, I am proud that the government of my country, despite the crime committed in it's airspace, and with many of it's citizens amongst the victims, has set such an example to the world.

    Justice is not about vengeance, and compassion should not discriminate on the basis of the recipient. It is a measure of our humanity and not his. Whether he was guilty or not, and no matter how short the time he spent in jail, this was the right thing to do, painful as that may be for many to accept.

    This is what distinguishes us from the terrorists, fanatics and sadists. This epitomises the very best of Scotland, and the best of liberal democracy. This is what gives me, and many others, hope for humanity.

    ReplyDelete
  2. The news this morning is showing the reception given to al-Megrahi in Tripoli on his return to Libya. It is disappointing and inappropriate. It reflects poorly on Muammer Gaddhafi and the Libyan people. It does not make the decision to release him wrong!

    ReplyDelete