Dr Hans Kochler, the UN appointed special observer to the Lockerbie proceedings, has described Megrahi's present circumstances in Scotland as "Kafkaesque", and challeneged Justice Minister Kenny MacAskill to avoid the "morally outrageous" position of connecting Megrahi's release on compassionate grounds to the dropping of his appeal, which he described as emotional blackmail.

He also said MacAskill should "act without further delay" on Megrahi's compassionate release application.

"The hopeless, indeed Kafkaesque, situation which the lone Libyan prisoner finds himself in is further aggravated by the fact that his second appeal has suffered from enormous delays – which are scandalous under any circumstances and, seen in the context of deliberate withholding of evidence, are tantamount to an obstruction of justice," Kochler said.

"His predicament became even more serious when certain quarters confronted him with the alternative of either giving up his appeal in order to be sent back to Libya on the basis of a recently ratified “prisoner exchange agreement” between the UK and Libya – or die in a Scottish jail.  Under these circumstances, Scotland’s Cabinet Secretary for Justice (who certainly has seen the latest medical reports) should act without further delay on Mr. al Megrahi’s second request (the first was rejected) for “compassionate release” under the provisions of Scots law. This would allow the appeal to continue and avoid the circumstances of “emotional blackmail” the Lockerbie prisoner faces in regard to the prisoner exchange option."

"The public is also kept in the dark about what Scotland’s Justice Secretary discussed at his meeting with Mr. al Megrahi at Greenock prison, which was indeed an unprecedented step in Scottish legal history. One thing should be taken for certain, however: If Mr. MacAskill is a man of honour, he will not have made granting the prisoner’s request for “compassionate release” conditional upon the latter’s dropping the ongoing appeal. This would not only be morally outrageous, it would also be illegal in terms of Scots law and, as infringement upon a convicted person’s freedom to seek judicial review, in outright violation of the European Human Rights Convention the provisions of which are binding upon Scotland."

Kochler also criticised the original and appeal verdicts against Megrahi, adding that "if Scotland prides itself in its unique judicial system, which it has practiced since long before devolution, the authorities should exercise all efforts to repair the damage that has been done to the country’s reputation by the flawed judicial proceedings in the case of Abdelbaset Ali Mohmed al Megrahi."

His full remarks can be read here.