Friday, July 10, 2020

STL Media Advisory - Pronouncement of the Judgment in the Ayyash et al. case on 7 August 2020

Leidschendam, 10 July 2020 – The Trial Chamber of the Special Tribunal for Lebanon (STL) issued a scheduling order today for the public pronouncement of the Judgment in the Ayyash et al. case (STL-11-01) in a public session on Friday 7 August 2020 at 11.00 AM (C.E.T).

In the filing issued today, the Judges stated that the Judgment will be delivered from the courtroom with partial virtual participation.

Accreditation is required for members of the media who wish to cover the Judgment hearing. The accreditation procedure will be communicated in due course.

Due to the COVID-19 and in line with the national guidelines in the Netherlands, a limited number of members of the media will be allowed into the public gallery and the STL's media centre.

Wednesday, June 17, 2020

STL Registrar appoints Legal Representatives of Victims in the Ayyash Case STL-18-10

Leidschendam, 16 June 2020 - The Registrar of the Special Tribunal for Lebanon (STL) Daryl Mundis has designated three counsel to represent the victims participating in the Ayyash case relating to three attacks against Mr Marwan Hamade on 1 October 2004, Mr Georges Hawi on 21 June 2005 and Mr Elias El-Murr, on 12 July 2005.

The STL Pre-Trial Judge Daniel Fransen decided on 17 April 2020 to grant the status of Victim Participating in the Proceedings to 29 individuals. The Judge also decided to divide the participating victims into three groups, each related to one of the attacks in the Ayyash case, and ordered the Registrar to designate a legal representative for each group.

The Registrar has designated the following counsel as legal representatives:

Mr Nidal Jurdi, a Lebanese national admitted to the Tripoli Bar as Legal Representative for the participating victims in Group 1, pertaining to the attack against Mr Marwan Hamade;

Mr Antonios Abou Kasm, a Lebanese national admitted to the Beirut Bar as Legal Representative for the participating victims in Group 2, pertaining to the attack against Mr Georges Hawi;

Mr Adel Nassar, a Lebanese national admitted to the Beirut Bar as Lead Representative for the participating victims in Group 3, pertaining to the attack against Mr Elias El-Murr;

The three counsel have been selected on the basis of their relevant experience, skills and competence, including experience and expertise in relation to the rights of victims, international criminal law, and the Lebanese context. You can learn more about their background on the STL website.

These appointments were made by the Registrar in consultation with the Victims' Participation Unit (VPU). The Legal Representatives of Victims (LRVs) are chosen from the VPU's List of Counsel, upon a careful selection process that also takes into consideration the views and preferences of the participating victims.

The main role of the LRVs is to represent Victims Participating in the Proceedings before the Tribunal, presenting their views and concerns during the judicial process.

Victims of any of the three attacks in the Ayyash case, who have not yet applied to participate in the proceedings within the deadline set by the Pre-Trial Judge but intend to do so, should contact the VPU:

Telephone          +961 (0)45 38 150
WhatsApp           +31652028194
Email                    stl-victims@un.org

Wednesday, May 13, 2020

Judgment in the Ayyash et al. case

Given the prevailing circumstances regarding COVID-19, the STL Trial Chamber will specify the date of the public pronouncement of the Judgment in the Ayyash et al. case (STL-11-01) as soon as possible.

On 22 April, the Legal Representatives of Victims (LRV) sought clarification from the Trial Chamber regarding the date and manner of the public pronouncement of the Judgment.

On 5 March, the Trial Chamber had given notice that it will deliver its Judgment in the Ayyash et al. case in public session in mid-May 2020.

Thursday, March 5, 2020

The Trial Chamber gives notice of scheduling the public pronouncement of the Judgment in the Ayyash et al. case

Leidschendam, 5 March 2020 –  The Trial Chamber of the Special Tribunal for Lebanon (STL) has given notice that it will deliver its Judgment in the Ayyash et al. case (STL-11-01) in public session in mid-May 2020.  
In the filing issued today, the Judges stated that they would specify the precise date of the public pronouncement of the Judgment as soon as possible.
Accreditation is required for members of the media who wish to cover the hearing at the seat of the Tribunal. Seating in the public gallery is not guaranteed; for this high-level event, permanently accredited journalists will also need to submit a request. 
The accreditation procedure for the Judgment hearing will be communicated in due course.

Thursday, February 6, 2020

The Ayyash case (STL 18-10) to proceed in absentia

Leidschendam, 06 February 2020 - Trial Chamber II of the Special Tribunal for Lebanon (STL) issued a decision yesterday  to proceed with a trial in absentia against Salim Jamil Ayyash, accused in the attacks against Marwan Hamade, Georges Hawi and Elias El-Murr, which occurred in Lebanon on 1 October 2004, 21 June and 12 July 2005, respectively.

In reaching this decision, Trial Chamber II took into account oral and written submissions from the STL Prosecutor, Registrar and the Head of the Defence Office. It also examined numerous documents from the Lebanese authorities, which detail the steps they have taken to apprehend the Accused and inform Mr Ayyash about the proceedings initiated against him.

These efforts included multiple attempts by the Lebanese authorities to find the Accused at his last known residences, as well as other locations. Trial Chamber II also took into consideration the fact that the indictment and the identity of the accused received intense media coverage in Lebanon. In addition, Trial Chamber II considered it relevant that the Lebanese authorities have unsuccessfully been searching for him since 2011 in connection to his indictment for the attack of 14 February 2005 against former Prime Minister Rafik Hariri and others.

Trial Chamber II concluded that all reasonable steps have been taken to secure the appearance of the accused and to notify him of the charges against him. It nevertheless emphasized the accused's right to a retrial should he appear before the Tribunal in the future. While the STL is the only international tribunal that can prosecute accused in their absence, it is a measure of last resort meant to ensure that those who flee from justice, cannot be found, have not been handed over, or have waived their right to be present, do not delay the course of justice.

With this decision, the case Prosecutor v. Ayyash (STL 18-10) proceeds to the Pre Trial Phase. For more information on trials in absentia and the upcoming steps, please click here.

Tuesday, September 24, 2019

STL President orders alternative service of the indictment against Salim Jamil Ayyash

Leidschendam, 24 September 2019 - The President of the Special Tribunal for Lebanon (STL), Judge Ivana Hrdličková, has ordered today that the service of the indictment  against Mr Salim Jamil Ayyash relating to the attacks against Mr Marwan Hamade, Mr Georges Hawi and Mr Elias El- Murr (Prosecutor v. Salim Jamil Ayyash, Case No. STL‑18‑10), be effected in an alternative manner, including through public advertisement.

This follows the President's finding that reasonable attempts have been made by the Lebanese authorities to effect personal service on the accused in this case, and those efforts have been unsuccessful to date.

Specifically, Judge Ivana Hrdličková orders the STL Registrar to provide a form of public advertisement to the Lebanese authorities; and the Lebanese authorities to take all reasonable steps to provide notification to the public of the existence of the indictment and call upon Mr. Ayyash to surrender to the Tribunal or in any case to submit to its jurisdiction. Additionally, the Registrar is ordered to consider other means of disseminating the indictment for this purpose, including in the media and social media. Both the Lebanese authorities and the Registrar are required to report back on the results of their efforts.

The Lebanese authorities have the continuing obligation to search for, serve, arrest and detain Mr Ayyash, and to transfer him to the seat of the Tribunal.  

If within 30 days from the start of the advertisement of the indictment the accused is not under the Tribunal's authority, the Pre-Trial Judge shall ask the Trial Chamber to initiate proceedings in absentia.

BACKGROUND NOTES:

The procedure for serving an indictment on an accused is specified in Rule 76 of the STL's Rules of Procedure and Evidence, titled "Service of Indictment". The President's order that was issued today is based on Rule 76 (E). The "procedures of public advertisement" referred to in Rule 76 (E) are further clarified in Rule 76 bis, titled "Advertisement of Indictment". The relevant Rules are copied below.

Rule 76: Service of Indictment

(A) The indictment, certified in accordance with Rule 68, shall be formally provided to the authorities of the State in whose territory the accused resides or was last known to be residing, or in whose territory or under whose jurisdiction he is believed likely to be found, in order to serve the indictment on the accused without delay.

(B) Personal service of an indictment on the accused is effected by giving the accused a copy of the indictment, together with the summons to appear or the warrant of arrest.

(C) Notwithstanding Rules 20 and 21, Lebanon or a State which has agreed to provide cooperation with the Tribunal must inform the President of the measures taken in execution of paragraphs (A) and (B) as soon as possible and no later than 30 days following the request under paragraph (A).

(D) When a summons to appear, a warrant of arrest or a transfer order relates to a person living in, or under the control of, a State other than those referred to in paragraph (C), the Registrar, after consulting with the President, shall transmit a request for cooperation, to the appropriate authorities of the relevant State, in order to serve the summons to appear, the warrant of arrest or the transfer order to the accused without delay.

(E) Where the President establishes that reasonable attempts have been made to serve the indictment, the summons to appear or the warrant of arrest to the accused, but that they have failed, he may, after consulting the Pre-Trial Judge, order the service of process to be effected in an alternative manner, including procedures of public advertisement.

Rule 76 bis: Advertisement of Indictment

In keeping with the President's order made under Rule 76 (E), a form of advertisement shall be transmitted by the Registrar to the authorities of any relevant State or entity for publication in newspapers and/or for broadcast via radio, television and/or other media, including the internet, providing notification to the public of the existence of an indictment and calling upon the accused to surrender to the Tribunal or in any case to submit to its jurisdiction. The advertisement shall invite any person with information as to the whereabouts of the accused to communicate that information to the Tribunal.




Wednesday, September 18, 2019

Daily Press Briefing by the Office of the Spokesperson for the Secretary-General Sep 16 2019

**Lebanon

Turning to Lebanon, the Pre-Trial Judge at the Special Tribunal for Lebanon, Daniel Fransen, today lifted the confidentiality of his decision confirming the indictment against Salim Jamil Ayyash, relating to three attacks committed in 2004 and 2005.

The confirmation of this indictment marks the opening of a new case before the Special Tribunal.

An arrest warrant was issued against Mr. Ayyash, who is charged, among other counts, with committing terrorist attacks and intentional homicide and attempted homicide.

The indictment and arrest warrant were transmitted to the Lebanese authorities.  They have the obligation to search for, arrest and transfer the accused to the Special Tribunal's custody.