US embassy cable - 05BRUSSELS2823

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 002823 
 
SIPDIS 
 
LONDON FOR ANDREA GABBITAS, PARIS FOR UZRA ZEYA 
 
E.O. 12958: DECL: 07/26/2015 
TAGS: BU, EU, LY, PHUM, PREL, USEU BRUSSELS 
SUBJECT: QUADRILATERAL ON BULGARIAN AND PALESTINIAN MEDICS 
 
 
Classified By: USEU POL: Lee Litzenberger; Reason 1.4 (b,d) 
 
1. (C) Summary.   UK, European Commission, Bulgarian, and 
U.S. representatives agreed on need to continue efforts to 
support humanitarian HIV/AID projects in Libya, while 
pressing Libya to release the Bulgarian and Palestinian 
medics, in order to set the stage for the private discussions 
necessary to resolve the medics issue.  The UK affirmed its 
determination as EU Presidency to lead a diplomatic 
initiative to gain the medics' release, targeting the period 
immediately following the Libyan Supreme Court's expected 
ruling on November 15th.  End Summary. 
 
2. (C) In a third multilateral coordination meeting on the 
HIV/medics issue, delegations for the UK (Nick Banner, FCO 
Middle East North Africa Section Head and Anna Jackson, FCO 
Middle East North Africa Office Director), the European 
Commission (Belen Martinez-Carbonell, ExRel Commissioner 
Ferrero-Walder's staff), Bulgaria (Georgi Dimitrov, Secretary 
to President Purvanov; Petko Doykov, MFA Middle East 
Director; Dimitar Tzantchev; and former UN PermRep, Boiko 
Mirchev, MFA European Integration), and the U.S. (Dep. Legal 
Adviser Schwartz, Libya Desk Officer Steve Butler, and USEU) 
exchanged information for charting a common path forward. 
The UK stressed the importance of reminding the Libyans that 
releasing the medics is a key political and commercial issue 
for the EU and that Libya needed to find a way out of the 
domestic problem it had created for itself by pursuing the 
medics.  UK representatives said the UK intends to make a 
major diplomatic push to resolve the issue during its 
Presidency.  (Privately with U.S. delegates, UK indicated 
that a confidential channel has already been opened and it 
shows great promise.) 
 
3. (C) Bulgarian representatives reiterated that Bulgaria 
"cannot accept the verdict" against the medics because of the 
unfair nature of the trial.  Nevertheless, Bulgaria seemed 
willing to consider a prisoner transfer under an existing 
agreement with Libya (which the Libyans have also mentioned), 
with the implicit understanding that the medics could be 
given clemency in Bulgaria.  Providing "cash money" to the 
families is also out of the question, but Bulgaria could 
accept a special fund for the families if established by 
others.  For its part, as a result of President Purvanov's 
trip to Libya, Bulgaria is looking at donating equipment and 
drugs to the Benghazi hospital, sponsoring "vacations" for 
non-infected family members to Bulgaria, and providing 
training for Libyan medical personnel in Bulgaria.  The offer 
of debt relief to Libya also seems to still be on the table. 
 
4. (C) EU Commission representatives said a revised version 
of the Action Plan will be ready shortly, reflecting recent 
EU contributions and a UK contribution.  They confirmed that 
EU experts believe Libya's needs are for technical assistance 
and political recognition rather than equipment.  At a 
meeting scheduled tomorrow with Libyan Under Secretary Siala 
on the Barcelona Process, Commissioner Ferrero-Waldner 
intends to stress the need for Libya to resolve the medics' 
situation as a precondition of joining Barcelona.  However, 
EU representatives accepted the UK point that there should 
not be separate channels of communication with the Libyans on 
the political track. 
 
5. (C) Regarding legal proceedings in Libya, Bulgarian 
representatives explained that following the recent acquittal 
of the defendants in the torture case, there is an August 6 
deadline for filing appeals.  The attorney for the medics 
seeking damages intends to appeal the ruling in the civil 
portion of the case, but the Qadhafi Foundation has thus far 
resisted Bulgarian entreaties to persuade the prosecutor to 
appeal the criminal side of the case.  Bulgaria asked for 
assistance in this effort, since only the criminal 
prosecution can lend support to the medics' torture claims in 
the criminal case against them.  In that latter case, the 
Bulgarians indicated they are now uncertain of precisely what 
outcomes are possible on November 15, but realistically the 
best that can be hoped for is a return of the case to the 
lower court for further proceedings. However, they stressed 
that further delays would be devastating to the medics, who 
are in poor condition. 
 
6. (C) U.S. representatives shared experience in dealing with 
the Libyans and conveyed recent impressions of what Libyan 
officials may have in mind as a "scenario" to resolve this 
issue.  In particular, U.S. representatives explained that 
Libya may portray a package to its own population differently 
than might be objectively true, so Bulgaria should not lose 
hope by continued Libyan insistence on "compensation" or that 
a settlement be worked out directly between Bulgaria and the 
families.  The Libyans say they are seeking a "formula" that 
"will not harm the interests of any of the parties" - 
something may be worked out through quiet talks, perhaps with 
ambiguous features, regardless of what the Libyans are saying 
about their legal system or domestic political problems.  If 
Bulgaria is willing to consider a prisoner transfer that 
leaves convictions in place from the Libyan point of view, 
the Action Plan and its associated benefits to the families 
may provide the elements for a mutually acceptable package. 
U.S. representatives indicated that we are actively 
considering a USG contribution to the Baylor project to 
increase our standing to press Libya on approving the Baylor 
MOU as well as other issues. 
7. (C) Next steps:  The UK will work with the U.S. on a joint 
demarche to Libya to stress the need to find a solution to 
the medics' case and the importance of the prosecutor lodging 
an appeal from the recent acquittal of the Libyan police 
accused of torturing the medics.  The UK will also consider 
what channel would be most effective for pursuing a 
diplomatic solution with the Libyans.  (UK representatives 
indicated privately that it likely will be the confidential 
channel they have already established.)  The Commission will 
update its Action Plan.  The Bulgarians will talk to Turkey 
about lessons learned in Turkey's failed effort to prevent 
the recent execution of two of its nationals in Libya.  The 
possibility of enlisting an international figure (such as 
Mandela) to support a solution to the medics' case will also 
be considered.  The Bulgarians will continue work on a paper 
itemizing the shortcomings of the legal process in the 
medics' original trial.  Finally, the Commission will advise 
Bulgaria on a "wish list" of hospital equipment submitted 
recently by Libya as a follow-on to President Purvanov's 
visit.  (Though Martinez-Carbonell expressed privately the 
Commission's view that Libya does not need equipment and 
facilities, rather it needs expertise if it is to deal with 
the narrow issue of the HIV/AIDS-infected children in 
Benghazi and the HIV/AIDS issue as a whole within the 
country.) 
 
MCKINLEY 
.