Wednesday, December 14, 2011

Prosecutor Bellemare decides not to seek reappointment for a second term

The Prosecutor of the Special Tribunal for the Lebanon, Daniel Bellemare, has informed the Secretary-General of the United Nations that, for health reasons, he does not intend to seek reappointment for a second term as Prosecutor at the end of February 2012.
Bellemare stated, "It has been an honour and a privilege to seek justice for the people of Lebanon. While this long and difficult journey is far from over, solid foundations have been laid to achieve justice and accountability for the attack of 14 February 2005 and connected cases, through the rule of law."
"I am proud to leave behind a strong team of committed professionals who have assisted me in the past three years in carrying out our challenging mandate and will continue to ensure that justice is achieved for the people of Lebanon," said Prosecutor Bellemare.

Thursday, December 1, 2011

Seoul, 1 December 2011 - Readout of Secretary-General''s phone call with Lebanese Prime Minister

The Secretary-General spoke by telephone today with H.E. Mr. Najib Mikati, the Prime Minister of Lebanon.

The Secretary-General told the Prime Minister he was very pleased the Lebanese Government had decided to transfer to the Special Tribunal for Lebanon the 49 percent of the 2011 budget for which the country is responsible.

The Secretary-General expressed his gratitude for the Prime Minister''s personal efforts in this regard.

The Secretary-General said the decision was a very positive step that would allow the Special Tribunal to continue its work to uncover the truth about the assassination of former Prime Minister Hariri and others.

He said he appreciated Prime Minister Mikati''s commitment to uphold Lebanon''s international obligations and was confident the Government would continue to respect those obligations and cooperate with the Special Tribunal.

Statement by Ambassador Susan E. Rice, U.S. Permanent Representative to the United Nations, on the Funding of the Special Tribunal for Lebanon

Susan E. Rice
U.S. Permanent Representative to the United Nations
U.S. Mission to the United Nations
New York, NY
December 1, 2011

FOR IMMEDIATE RELEASE

The United States welcomes the Government of Lebanon's decision to uphold the country's financial responsibility to the Special Tribunal for Lebanon. The Special Tribunal is an important vehicle for advancing accountability within Lebanon's political culture. This decision illustrates Lebanon's commitment to its international obligations, and the United States remains committed to assisting the Government of Lebanon in its full implementation of UN Security Council Resolutions 1559, 1701 and 1757. The United States pledges to continue to support the Special Tribunal's work, including through participation in the Management Committee.

###

 

Special Tribunal for Lebanon receives 2011 contribution from Lebanese state

Leidschendam, 1st December 2011 - The Special Tribunal for Lebanon thanks the Government of Lebanon for the full payment for 2011, which we received this morning. With this contribution of US$32,184,635, the representatives of the Lebanese people have demonstrated their commitment to work for the rule of law and long-term stability. We look forward to the continuing co-operation of Lebanon as we work towards completing our judicial mandate.
Source: STL Press Release

Wednesday, November 30, 2011

United States Welcomes the Funding of the Special Tribunal for Lebanon

Press Statement
Mark C. Toner
Deputy Spokesperson, Office of the Spokesperson
Washington, DC
November 30, 2011
The United States welcomes the announcement by Prime Minister Mikati that he has ordered the transfer of Lebanon's financial commitment to the Special Tribunal for Lebanon. The Special Tribunal's work represents a chance for Lebanon to move beyond its long history of impunity for political violence. The Lebanese authorities' support for, and cooperation with, the work of the Special Tribunal for Lebanon is a critical international commitment.
 

FCO welcomes Lebanon's announcement to uphold its duties to the Special Tribunal for Lebanon

30 November 2011
Lebanese Prime Minister Najib Miqati has announced that his government will honour its international commitments to pay its dues to the United Nations Special Tribunal.
Commenting on the announcement, a Foreign Office spokesperson said:
"We welcome Lebanese Prime Minister Najib Miqati's announcement this morning that his government will honour its international commitments to pay its share of the United Nations Special Tribunal.
"The United Kingdom remains a strong supporter of the Special Tribunal and of a stable, independent and peaceful Lebanon."

Mikati: Government paid its portion of STL

NNA - 30/11/2011 Lebanese Premier announced Wednesday that the government has paid, early this morning, its portion of funding to the Special Tribunal for Lebanon, the UN-backed court probing the assassination of Rafic Hariri.

Wednesday, November 23, 2011

Trial Chamber awaits further info from Lebanese authorities

Leidschendam, 23 November 2011 – The Trial Chamber has decided today to await a response from the Lebanese authorities on their efforts to arrest the accused before deciding whether to begin proceedings in absentia.

The Trial Chamber has requested the Tribunal's Prosecutor to file a progress report by 8 December on the response of the Lebanese authorities.

The judges of the Trial Chamber are responsible for deciding whether to try the accused in their absence, given that none of the four indicted men has yet been arrested.

During a hearing held on 11 November, the Prosecution argued that the Lebanese authorities should do more to locate and arrest the accused before the Tribunal could try them in absentia. On 11 November the Prosecution sent 10 requests for assistance to the Lebanese Prosecutor General asking him to take additional steps.

The Tribunal's Defence Office asked the Trial Chamber to consider withdrawing the arrest warrants and notifying the accused of the possibility of appearing at trial by video-conference.

The Trial Chamber decided that the four accused should be formally notified of their rights to attend the trial.

When the Trial Chamber has the responses from the Lebanese authorities it will then decide whether it should invite Lebanese officials to provide additional information.

Tuesday, November 22, 2011

President of the STL visits Lebanon

Leidschendam, 21 November 2011
The President of the Special Tribunal for Lebanon, Judge Sir David Baragwanath, will be visiting Lebanon this week for the first time. He is accompanied by the Vice-President of the Tribunal, Judge Ralph Riachy.

During the visit President Baragwanath will meet Lebanon's President and other Lebanese authorities who work with the Tribunal as well as agencies and members of the academic and legal community.

"I am honoured to visit a country of such great cultural and legal traditions", said Judge Baragwanath. "The Tribunal's judges consider themselves not just international judges, but also judges of Lebanon, applying the criminal law of Lebanon and respectful of its sovereignty and its people. I am determined that the work of the Tribunal be fair and expeditious, with full respect of the rights of the accused and the interests of the victims."

Thursday, November 10, 2011

STL Media Advisory - Trial Chamber hearing on in absentia proceedings

The Trial Chamber will hold its first session on 11 November 2011 to hear arguments from the Prosecution and the Defence Office about initiating in absentia proceedings.
The Trial Chamber will make a decision in due course based on the following:
• The oral submissions at the hearing on 11th November
• The written submissions that were filed by the Prosecution and defence Office on 2 November
• The filings from the Pre Trial judge
What are trials in absentia?
A trial in absentia is a trial that takes place without the accused being present or in the custody of the tribunal. This has not happened in other contemporary international courts. The rationale is clear. Justice must not be stopped by an accused or a state which refuses to hand an accused over.
The STL can conduct proceedings in the absence of the accused in these circumstances:
• If they have waived their right to be present at trial
• If they have not been handed over to the tribunal by the State authorities concerned within a reasonable time
• If they escaped or cannot be found and all reasonable steps have been taken to secure their appearance before the tribunal and to inform them of the charges.
What steps have to be taken before trials in absentia?
The Pre-Trial Judge asked the Trial Chamber on 17 October 2011 to determine whether proceedings in absentia should be initiated in the case of Ayyash et al.
The Trial Chamber will now determine whether there is an intention on the part of the accused to avoid trial.
The Trial Chamber will also assess if the accused have been served with the indictment or if they have been given notice of the charges against them through publication in the media or by the communication of the charges to the State where they are residents/nationals.
If these requirements have been met and after considering the arguments of the Prosecutor and the Defence Office, the Trial Chamber will decide whether or not to initiate in absentia proceedings.
How are the rights of the accused safeguarded in proceedings in absentia?
If the accused are being tried in absentia, all of the rules to ensure a fair trial will still apply. An accused has the right to designate a defence counsel of their own choosing. The legal fees will be paid for by the accused or by the STL if the accused is found to have insufficient funds.
The accused have the right to request a new trial at any stage during an in absentia trial.
If the accused appear after an in absentia conviction, once the trial is completely finalised the accused can:
• Accept the conviction or sentence,
• Request a retrial,
• Accept the conviction but request a new hearing in respect of the sentence.
Timeline of judicial events at the STL
17 January – The Prosecutor submits an indictment for review to the Pre-Trial Judge.
28 June – The Pre-Trial Judge confirms the indictment and orders that it remain confidential.
30 June – The indictment is served on the Lebanese authorities, who are given 30 days to report on their efforts to search for, arrest and transfer the accused.
29 July – The Pre-Trial Judge ordered the partial unsealing the indictment revealing the identity of the accused and the charges against them.
17 August – Indictment and the decision confirming it unsealed.
18 August – STL President orders public advertisement of the indictment and calls for intensification of efforts to detain those accused
19 August – The Tribunal establishes jurisdiction over three connected cases including the attacks against Marwan Hamadeh, George Hawi and Elias El-Murr.
8 September – STL President Convenes Trial Chamber in Ayyash et al. case
17 October – Pre-Trial judge requests Trial Chamber to decide on proceedings in absentia
20 October – Trial Chamber calls for submissions on in absentia proceedings

Tuesday, November 8, 2011

Prosecutors at Hariri tribunal oppose trial in absentia

(AFP) – 1 hour ago 
THE HAGUE — Prosecutors at the tribunal investigating the murder of former Lebanese prime minister Rafiq Hariri said Tuesday it was premature to begin a trial in absentia against the accused Hezbollah members.
Lebanon's government, closely linked to the Iran-backed Shiite militia, has so far failed to arrest Salim Ayyash, Mustafa Badreddine, Hussein Anaissi, and Assad Sabra, wanted for the February 2005 murder of Hariri and 22 others.
"It is premature to initiate a trial in abstentia", Special Tribunal for Lebanon (STL) prosecutor Daniel Bellemare said in a document published on the court's website Tuesday.
Last month, a judge asked the pre-trial chamber to determine whether proceedings in absentia against the four Hezbollah members were appropriate.
Ahead of a Friday hearing on the issue, the court asked both the prosecutors and defence lawyers to weigh in.
"Not enough time has been allowed for the Lebanese authorities to effect the arrests of the four accused", Bellemare said.
A previous Beirut government, led by Hariri's son Saad, cooperated with the tribunal, but in January Hezbollah toppled that western-backed coalition, largely over its support for the special tribunal.
Hezbollah leader Hassan Nasrallah, whose militant party is blacklisted as a terrorist group by Washington, has dismissed the STL as a US-Israeli conspiracy, vowing that no member of Hezbollah would ever be found or arrested.
"Not enough has been done to effect the arrests because the Lebanese authorities have either been unable or unwilling to do so," the prosecutor's statement further said.
The Hague-based STL, which opened its doors in 2009, is the first international tribunal which can hold trials in absentia.
It is also the first with a designated defence office responsible for protecting the rights of the accused.

Friday, October 28, 2011

Media advisory - Victims' Participation Unit calls for final applications ahead of Monday deadline

Leidschendam 28 October 2011 - The STL Victims' Participation Unit reminds victims of the 14 February 2005 attack that if they wish to participate in proceedings before the Tribunal in the Ayyash et al case, they must submit an application by Monday 31 October 2011. This deadline was set by the Pre-Trial Judge in an order of 8 September 2011.
According to the STL's rules, victims may participate in a trial, usually through a lawyer, by making submissions, submitting evidence, and questioning witnesses, subject to the approval of the judges. Victims who are unable to afford legal representation will be provided with a lawyer through the STL's legal aid policy ..
Victims wishing to apply for participation at the STL should contact the Victims' Participation Unit, which has a mandate to inform victims about their rights before the Tribunal, and to help them apply for participation.
 
 

Thursday, October 27, 2011

Russian envoy says country still “backs” STL

Russian ambassador to Lebanon Alexander Zasypkin said on Thursday following a meeting with Interior Minister Marwan Charbel that Russia "still supports" the Special Tribunal for Lebanon (STL).
According to a statement issued by the Ministry of Interior, Zasypkin said that the Netherlands-based tribunal represents international legitimacy and "we want it to achieve its objectives stipulated by the UN [Security Council] Resolution [ 1757]."
The Hezbollah-led March 8 parties – which currently dominate Lebanon's cabinet – have opposed a clause in the Lebanese annual state budget pertaining to the funding of the UN-backed court, while Prime Minister Najib Mikati has repeatedly voiced Lebanon's commitment to the tribunal.
Four Hezbollah members have been indicted by the STL in the 2005 assassination of former PM Rafik Hariri. However, the Shia group strongly denied the charges and refuses to cooperate with the court
Lebanon contributes 49 percent of the STL's annual funding.
Zasypkin told reporters that the meeting touched upon the general situation in Lebanon and the region. He added that Moscow supports Lebanon's "sovereignty, independence and the safety of its people."
The Russian envoy also said "I specifically pointed out, [during the meeting], the importance of holding on to the principles of international legitimacy regarding all issues."
-NOW Lebanon
 

Wednesday, October 26, 2011

Media Advisory - Defence Office assigns duty counsel to ensure the rights of the accused

Leidschendam – 26 October 2011 - The Head of Defence Office assigned a primary duty counsel and a co-counsel to each of the accused, pursuant to the Trial Chamber's scheduling order of 20 October 2011. The purpose of these assignments is to ensure that the rights and interests of the accused are individually protected while the Trial Chamber considers whether to initiate in absentia proceedings.

The Head of Defence Office made the following assignments:
For Salim Jamil AYYASH: as lead counsel Mr. Eugene O'SULLIVAN, a Canadian national admitted to the Law Society of British Columbia; and as co-counsel Mr. Emile AOUN, a Lebanese national admitted to the Beirut Bar
for Mustafa Amine BADREDDINE: as lead counsel Mr. Antoine KORKMAZ, a Lebanese and French national admitted to the Paris Bar; and as co-counsel Mr. John JONES a British national admitted to the Bar of England and Wales
for Hussein Hassan ONEISSI: as lead counsel Mr. Vincent COURCELLE-LABROUSSE, a French national admitted to the Paris Bar, and as co-counsel Mr. Yasser HASSAN, an Egyptian national admitted to the Egyptian Bar
Assad Hassan SABRA: as lead counsel Mr. David YOUNG, a British national admitted to the Bar of England and Wales, and as co-counsel Dr. Guénaël METTRAUX, a Swiss national practicing before the International Criminal Court and the International Tribunal for the former Yugoslavia

The assignment of duty counsel is a temporary assignment. The eight duty counsel have been selected based on their relevant experience, skills and competences, including experience in Lebanon, terrorism cases, or international tribunals as well as their language abilities. The selection of the Lead counsel was done by the Defence Office, with no involvement from any of the four accused. The co-counsel are appointed in consultation with the Lead counsel.

Should the Trial Chamber decide to initiate in absentia proceedings, the Defence Office will be requested to assign defence counsel for the remainder of the proceedings. Should the Trial Chamber decide not to initiate in absentia proceedings, duty counsel may be withdrawn. The duty counsel shall also be withdrawn if the accused decide to participate in the proceedings, for example by designating their own counsel. The assigned counsel are paid in accordance with the Defence Legal Aid Policy.

Thursday, October 20, 2011

Special Tribunal for Lebanon Media Advisory - Trial Chamber calls for submissions on in absentia proceedings

Leidschendam, 20 October 2011 - The Special Tribunal for Lebanon's Trial Chamber has issued a scheduling order, which requests written submissions relating to in absentia proceedings from the Office of the ProsecutorThe individual mandated by the Statute of the Tribunal to investigate and prosecute individuals alleged to have committed crimes within the jurisdiction of the Tribunal and each of the accusedA person who has been charged with one or more counts of criminal conduct in an indictment which has been confirmed by the Pre-Trial Judge .
Since the accused have not yet appointed counsel the Trial Chamber has also asked the STL's Defence Office to file submissions.
The deadline for all written submissions is November 2nd. A public hearing will be held by the Trial Chamber at 10:00 on 11th November 2011.
Journalists will be sent details of the accrediation process for that hearing in the coming days.
The scheduling order follows a requestIn a criminal law context, this refers to a petition by a party to a case, either in writing or orally, expressing a desire for the court to have a specific request granted or action carried out by the Pre Trial Judge for the Trial Chamber to make a determination whether in absentia proceedings should be initiated.
 
 

Monday, October 17, 2011

STL Media Advisory – Pre-Trial judge requests Trial Chamber to decide on proceedings in absentia

Leidschendam, 17 October 2011 - The Pre-Trial Judge has asked the Trial Chamber to determine whether proceedings in absentia should be initiated in the case of Ayyash et al.
The Tribunal's rules state that if the accused have not been arrested within 30 calendar days of the public advertisement of an indictment, then the Pre-Trial Judge can request that the Trial Chamber initiate proceedings in absentia.
According to the Pre-Trial Judge's ruling, this period of public advertisement started at the latest on 15 September 2011 when a wanted poster displaying the pictures of the accused, their personal details and the counts against them were published in major Lebanese newspapers.
The Trial Chamber will now have to determine whether the required conditions have been met in order to start the proceedings in absentia whilst preserving the rights of the accused.
 

Monday, October 10, 2011

Tribunal appoints new President

Leidschendam, 10 October 2011 - Judge Sir David Baragwanath has been unanimously elected President of the Tribunal and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Riachy and Judge Cassese.
The appointment of the new President by the Appeals Chamber follows the resignation yesterday, on health grounds, of Judge Antonio Cassese as President. Judge Cassese will continue to serve as a Judge of the Tribunal's Appeals Chamber.

"It is a privilege to succeed the highly respected jurist Antonio Cassese", said Judge Baragwanath. "We are indeed fortunate that that his wisdom and experience will continue to inform our work."

Judge Baragwanath brings nearly fifty years of legal experience to the Presidency. He has practised both as defence and as prosecution counsel. He has extensive experience in New Zealand as a High Court and Court of Appeal judge. He was also President of the New Zealand Law Commission.

"Public confidence in the Tribunal requires that we adhere strictly to the rule of law", said Judge Baragwanath. "The people of Lebanon are entitled to receive from our Tribunal the highest standards of justice delivered without fear or favour, affection or ill-will."

"Essential among its elements is the presumption of innocence, expressed in the twin rules that the onus of proof lies on the prosecution; and that proof of every element charged must be beyond reasonable doubt. I want to assure all Lebanese people that we see ourselves as your judges."

Judge Cassese said that the decision to step down as President was difficult for him personally but it was the correct choice for the Tribunal.

"For two and a half years I have endeavoured to steer the STL through difficult waters efficiently and fairly", said Judge Cassese.

"Since it is now more difficult for me to engage in the administrative work and external responsibilities required of the President, I do not feel able to provide the leadership that the Tribunal requires and deserves. However, I will stay on as a Judge of the Appeals Chamber and work hard on judicial matters."

The President of the Tribunal has a wide range of tasks, including oversight of the effective functioning of the Tribunal and the good administration of justice, as well as representing the STL in relations with States, the United Nations and other entities.

"I am confident that the new President, an outstanding Judge of high repute, will wisely guide the STL now that judicial proceedings have commenced and the Tribunal's Chambers are becoming fully operational", said Judge Cassese. "Judge Baragwanath will undoubtedly ensure the most efficient, prompt and fair conduct of the Tribunal's work."

Friday, October 7, 2011

STL Media Advisory – Appeals Chamber rules on matter of El Sayed

Leidschendam, 7 October 2011 – The Appeals Chamber ruled today that statements of certain witnesses must be provided by the ProsecutorThe individual mandated by the Statute of the Tribunal to investigate and prosecute individuals alleged to have committed crimes within the jurisdiction of the Tribunal to Mr Jamil El Sayed swiftly. The decision confirms in part an earlier ruling by the Pre Trial Judge ordering that the documents be disclosed.

With regards to the statements of other witnesses, the Appeals Chamber returned the matter to the Pre Trial Judge for further consideration. The Prosecutor must now work with the Tribunal's Victims and Witnesses Unit to ensure that the disclosureThe act of revealing the evidence held by the Defence or Prosecution to the opposing party in trial proceedings. of such statements will not present risks to any persons nor impede the Ayyash et al proceedings.

This appealAlso referred to as "appellate proceedings". A legal proceeding in which the appellant resorts to a higher Chamber or court for the purpose of obtaining a review or reversal of the lower Chamber's or court's judgment was in the context of Mr El Sayed's ongoing efforts to obtain documents in the STL Prosecutor's possession, which are necessary for him to pursue his claims before national courts against those allegedly responsible for his previous detention in Lebanon.

Tuesday, September 13, 2011

Deadline for victims to file applications to participate in the trial: 31 October 2011

Leidschendam, 13 September 2011 - By Order dated 8 September 2011, the Pre-Trial Judge, Daniel Fransen, ruled that victims' applications to participate in the trial relating to the attack of 14 February 2005 should, barring exceptional circumstances, be filed before 31 October 2011. This deadline for filing the participation requests is aimed in particular at allowing those persons who having been granted the status of a victimA person who has suffered physical, material or mental harm as a direct result of an attack within the Tribunal's jurisdiction participating in the proceedings, to make known "their views and concerns" from the start of the pre-trial stage of the case.
The Victims' Participation Unit of the RegistryThe Registry is one of the four organs of the STL. It is responsible for those functions which support the Court as a whole, including its management and administration. It provides administrative and operational support to the Judges, Prosecutor, and Head of the Defence Office. of the Tribunal wishes to take this opportunity to recall that the victims of the attack of 14 February 2005 who suffered physical, mental or material harm may submit a requestIn a criminal law context, this refers to a petition by a party to a case, either in writing or orally, expressing a desire for the court to have a specific request granted or action carried out to participate in the proceedings as a victim by completing the application form available on the Tribunal's website.
A Lebanese telephone line has been specially set up in order to reply to victims' questions.
To contact the Victims' Participation Unit, please call + 961 (0) 45 38 150 or e-mail stl-victims@un.org

A public service announcement by the Special Tribunal for Lebanon

Monday, 12 September 2011
Arrest warrants have been issued for four individuals involved in the 14 February 2005 attack.
The accused are Mr. Salim Jamil Ayyash, Mr. Hussein Hassan Oneissi, Mr. Assad Hassan Sabra, Mr. Mustafa Amine Badreddine (also known as Mustafa Youssef BADREDDINE, Sami ISSA or Elias Fouad SAAB)
The charges relate to various crimes including the conspiracy to kill former Prime Minister Rafik Hariri and 21 others as well as the attempted homicide of 231 persons. The full account of the charges can be found on the Tribunal's website.
The Tribunal's President, Judge Antonio Cassese, reminds the accused of their right to participate in the proceedings. By participating, the accused can fully defend themselves against the charges and evidence presented against them.
The proceedings will be conducted according to the highest international standards. The Tribunal's Judges will never convict an accused unless guilt is established beyond reasonable doubt.
The Lebanese people – and especially the victims of this attack – deserve to know the truth about what happened on 14 February 2005.
Source: STL Press Release

Thursday, September 8, 2011

STL President Convenes Trial Chamber in Ayyash et al. case

Leidschendam, 8 September 2011 - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, today issued an order convening the Trial Chamber for the first time.

According to the Tribunal's rules, the Trial Chamber may meet before trial starts to engage in various matters, such as holding an initial appearance with the accusedA person who has been charged with one or more counts of criminal conduct in an indictment which has been confirmed by the Pre-Trial Judge if one is in custody, deciding whether a trial in absentia is appropriate and ruling on preliminary motions.

The judges of the Trial Chamber are Judge Robert Roth of Switzerland, the Presiding Judge of the Chamber; Judge Micheline Braidi of Lebanon; Judge David Re of Australia; Judge Janet Nosworthy of Jamaica, an alternate judge; and Judge Walid Akoum of Lebanon, an alternate judge.

According to the Tribunal's Statute and Rules, alternate Judges are present at each stage of the proceedings and may pose questions during hearings, but do not vote during deliberationsThe discussions and processes that take place after a trial or hearing and during which the judges retire and consider the arguments and evidence presented to them so as to reach a decision in the case. . Alternate judges can replace Judges of the Trial Chamber should the voting judges be unable to continue sitting.

Short biographic notes of the five judges are available on the Tribunal's website.

Friday, August 19, 2011

Pre-Trial Judge rules on connected cases

Leidschendam, 19 August 2011 – The Tribunal has established jurisdiction over three attacks relating to Marwan Hamadeh, George Hawi and Elias El-Murr.  The Pre-Trial Judge has also ordered that the Lebanese authorities provide the relevant files to the Prosecutor.
 
On 30 June 2011, Pre-Trial Judge Daniel Fransen received a request from the Office of the Prosecutor to determine whether or not these cases are connected to the attack of 14 February 2005. Judge Fransen ruled confidentially on 5 August that the Prosecutor had presented prima facie evidence that each of the three cases are connected, and are thus within the Tribunal's jurisdiction.
 
Judge Fransen has today issued three deferral orders requesting the Lebanese judiciary to comply within the next 14 working days. The Pre-Trial Judge authorises the Prosecution to share his confidential decision on the connected cases with the Lebanese authorities.
The decision on connectedness otherwise remains confidential so as not to compromise the investigation, and to protect the victims and potential witnesses.
 
According to the Tribunal's Statute, a case is connected to the 14 February 2005 attack if it is of a "similar nature and gravity" and has a number of elements in common with it, such as "the criminal intent (motive), purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators." According to Article 1 of the Statute, the Tribunal has jurisdiction over attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005 but only if their connectedness to the Hariri attack is determined by the Pre-Trial Judge.
 
While the Pre-Trial Judge's rulings do not mean that an indictment will necessarily be issued by the Prosecution, it allows them to continue investigating these cases. It is for the Prosecutor to determine whether there is sufficient evidence to support an indictment in any of these three connected cases.

ENDS

Thursday, August 18, 2011

STL President orders public advertisement of the indictment and calls for intensification of efforts to detain those accused

Leidschendam, 18 August 2011 - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, has ruled that public advertisement of the indictment is now necessary. This must take place before a decision about in absentia proceedings can be taken.
The recent report by the Lebanese authorities on the steps that they have taken to search for the accused was also assessed by the STL President. Whilst Judge Cassese deemed their efforts to be reasonable he also called on the authorities to intensify their attempts to arrest the accused. The Lebanese Prosecutor General is now required to report to the Tribunal on a monthly basis.
"It must be emphasised, however, that the report submitted by Lebanon on 9 August 2011 does not end Lebanon's continuing obligation to assist the Tribunal in searching for, serving, arresting, detaining and transferring the accused," said Judge Cassese.
The report filed by the Lebanese prosecutor general states that Lebanon "exerted its utmost efforts to execute [the] arrest warrants in the name of the four accused". Those efforts were unsuccessful.
The steps taken by the Lebanese authorities, as outlined by the prosecutor general, include surveillance, interviewing alleged associates of the accused, visiting localities where the accused are believed to have connections, meeting with municipality officials and interviewing neighbours.
"I understand these procedures satisfy the requirements of Article 147 of the Lebanese Code of Criminal Procedure," said Judge Cassese.
The STL Registrar will now transmit "a form of advertisement" to the Lebanese authorities. He will also consider other means of disseminating the indictment in Lebanon as well as in other countries.
Source: STL Release

US reaction to the Special Tribunal for Lebanon’s publication of the indictment.

Taken Question
Office of the Spokesperson
Washington, DC
Question Taken at the August 17, 2011 Daily Press Briefing
Question: What is our reaction to the Special Tribunal for Lebanon's publication of the indictment of four Hezbollah members?
Answer: As Secretary Clinton said earlier this month, this indictment is an important milestone toward justice and ending a period of impunity for political violence in Lebanon. We appreciate the work of the Special Tribunal and call on the government of Lebanon to continue to meet its obligations under international law to support the Special Tribunal.
The Special Tribunal is an independent judicial entity, established by an agreement between the Lebanese government and the United Nations. It operates in accordance with the same judicial and professional standards as other international tribunals, whether it is those focusing on crimes committed in Europe, Africa or elsewhere. This process is a means of ending the era of impunity for the terrible and tragic violence that has touched all of Lebanon's communities.

Wednesday, August 17, 2011

STL Prosecutor Bellemare Welcomes Tribunal’s Order to Unseal the Indictment

Leidschendam, 17 August 2011 – Prosecutor Daniel A. Bellemare welcomes the recent order of the Pre-Trial Judge to unseal the indictment.  The Prosecutor stated, "This Order will finally inform the public and the victims about the facts alleged in the indictment regarding the commission of the crime that led to charging the four accused.  This unsealing of the indictment answers many questions about the 14 February 2005 attack.  The full story will however only unfold in the courtroom, where an open, public, fair and transparent trial will render a final verdict".

The investigations of the Office of the Prosecutor are ongoing and preparations for trial continue.
 
For the convenience of the public, the Office of the Prosecutor has prepared the following brief overview of the indictment.  The indictment alone is the authoritative charging instrument.


*******************

 

The Indictment charges the four following accused persons for their individual criminal responsibility in the attack against Rafik Hariri:

  • Salim Jamil Ayyash,
  • Mustafa Amine Badreddine (aka Sami Issa, Mustafa Youssef Badreddine, Elias Fouad Saab),
  • Hussein Hassan Oneissi (aka Hussein Hassan Issa), and;
  • Assad Hassan Sabra.

The evidence filed with the indictment (known as supporting material and comprising more than 20,000 pages) corroborates the following factual allegations and charges included in the indictment.

On the morning of 14 February 2005, Rafik Hariri, the former Prime Minister of Lebanon, departed his residence at Quraitem Palace in Beirut to attend a session of Parliament.  As usual, he travelled in a convoy.  An assassination team consisting of Ayyash and others positioned themselves in several locations where they were able to track and observe Hariri's convoy.  They had done such tracking of Hariri on previous days in preparation for the attack.

Before 11:00 that day, Hariri arrived at Parliament.  Shortly before 12:00, Hariri left Parliament to go to Café Place de l'Étoile, located nearby, where he stayed for approximately 45 minutes, before leaving to go back to his residence.  At 12:49, Hariri entered his vehicle accompanied by MP Bassel Fuleihan and the convoy then departed the Place de l'Étoile.  Hariri and his security detail in a six-vehicle convoy started to drive back to Quraitem Palace via a coastal route, including Rue Minet el Hos'n.  At 12:52, a Mitsubishi Canter van moved very slowly towards the St. Georges Hotel, located on Rue Minet el Hos'n.  Approximately two minutes ahead of the convoy, the Mitsubishi Canter van moved towards its final position on Rue Minet el Hos'n.  At 12:55, as Hariri's convoy passed the St. Georges Hotel, a male suicide bomber detonated a large quantity of explosives concealed in the cargo area of the Mitsubishi Canter van, killing Hariri and 21 other victims and injuring 231 persons.

Shortly after the explosion, Oneissi and Sabra, acting together, called Reuters and Al-Jazeera in Beirut. Then Sabra called Al-Jazeera again and gave information on where to find a videotape that had been placed in a tree at ESCWA Square in Beirut.  The videotape was recovered together with a letter.  In the video, which was later broadcast on television, a man named Ahmad Abu Adass falsely claimed to be the suicide bomber on behalf of a fictitious fundamentalist group using the name 'Victory and Jihad in Greater Syria'.

As a result of the investigation which followed this attack, a significant amount of evidence was gathered, including witness statements, documentary evidence and electronic evidence (such as closed circuit television and telephone call data records).  The evidence has led to the identification of some of the persons responsible for the attack on Hariri.  Analysis of the call data records, for example, has revealed the users of a number of interconnected mobile phone networks involved in the assassination of Hariri.  Each network consisted of a group of phones, usually registered under false names, whose users had a high frequency of contact with each other.

The Indictment charges all four accused with Conspiracy aimed at committing a Terrorist Act, as co-perpetrators (Count 1).  Ayyash and Badreddine are charged (in Counts 2 to 5) with Committing a Terrorist Act by means of an explosive device, Intentional Homicide (of Hariri and the 21 other victims) with premeditation by using explosive materials, and Attempted Intentional Homicide (of those that survived but were injured) with premeditation by using explosive materials.  Oneissi and Sabra are charged as being accomplices to the commission of the others' offences (Counts 6 to 9).  All charges in the Indictment are crimes under Lebanese criminal law.

The roles that the accused played in the attack were as follows.  Badreddine served as the overall controller of the attack.  Ayyash coordinated the assassination team that was responsible for the physical perpetration of the attack.  Oneissi and Sabra, in addition to being conspirators, prepared and delivered the false claim of responsibility video, which sought to blame the wrong people, in order to shield the conspirators from justice.

It will be for the Trial Chamber to reach its own verdict after considering all the evidence at trial.
Source: STL Release

Indictment and its confirmation decision made public

Leidschendam 17 August 2011 - The Pre-Trial Judge has ordered that his decision confirming the indictment related to the 14 February 2005 attack, as well as the indictment itself, be made public.

In his decision confirming the indictment, the Pre-Trial Judge found that the Prosecution has presented sufficient evidence on a prima facie basis to proceed to trial. This does not imply that the individuals are guilty, but merely establishes that there is enough material for them to be tried. The Prosecution will have to prove at trial that the accused are guilty "beyond reasonable doubt".

"The Pre-Trial Judge found that the indictment meets the requirements with regard to the specific facts and grounds as required under international case law, the Statute and the Rules (of Procedure and Evidence)," the decision states.

In the ruling the Pre-Trial Judge first established his jurisdiction to rule on the indictment. He also clarified the law applicable to the charges against the accused and then determined if the indictment meets the requirements to proceed to trial.

In the decision, the Pre-Trial Judge also explained why, until now, the indictment was confidential, which is to "ensure the integrity of the judicial procedure and, in particular, ensure that the search and, where appropriate, apprehension of the accused are carried out effectively."
There are small parts of the decision and the indictment, as well as sections of its annexes, which remain confidential. They relate to matters that could affect the ongoing Prosecution investigation, as well as the privacy and security of victims and witnesses.

Timeline:
17 January – The Prosecutor submits an indictment for review to the Pre-Trial Judge.
11 March – The Prosecutor expands on the scope of the indictment filed on 17 January 2011
6 May – The Prosecutor amends the indictment, presenting "substantial new elements".
10 June – The Pre-Trial judge requests minor amendments to the indictment.
28 June – The Pre-Trial Judge confirms the indictment and orders for it to remain confidential.
30 June – The indictment is served on Lebanese authorities with 30 days to report on their efforts to search for, arrest and transfer the accused.
29 July – The Pre-Trial Judge ordered unsealing of part of the indictment detailing only the identity of the accused and the charges against them.
9 August – The Lebanese authorities report back to the Tribunal on their efforts. No one was arrested.
17 August – Indictment and the decision confirming it unsealed.

Source: STL Release

Thursday, August 11, 2011

STL delegation, 'Hmadeh, Murr and Hawi cases linked to Hariri unlike Chidiac'

NNA - 11/08/2011 A delegation from the Special Tribunal for Lebanon (STL) informed Thursday former Ministers Elias Murr and Marwan Hmadeh that their attempted assassinations were related to the murder of former PM Rafik Hariri, while the case of May Chidiac was not. It was also revealed that the assassination of former secretary general of Lebanese Communist Party George Hawi was linked to the Hariri case.
STL delegation listened to all 3 survivors and relayed to them the relationship of the 4 wanted men to each of their cases. The 4 culprits were members of Hezbollah. They are still on the loose.

Murr said Thursday that he will not file a personal law suit against the culprits, but was ready to pay for the lawyers of parents of the men who died during his attempted assassination.

Hmadeh had a different position, and reported that he has filed a personal law suit against anonymous back in October 2004. "The investigation has made breakthroughs and the STL will happen," said Hmadeh.

The only case found not to be related to assassination of Rafik Hariri was that of media personality May Chidiac.

R.Z.
© NNA 2011 All rights reserved

Statement of Judge Antonio Cassese, President of the Special Tribunal for Lebanon

Leidschendam 11 August - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, today issued an open letter to the four men accused in the 14 February 2005 attack to inform them of their rights and to urge them to participate in trial.
See below for the full text.
 
Statement of Judge Antonio Cassese, President of the Special Tribunal for Lebanon
11 August 2011
 
The Lebanese authorities have notified me that they have been unable to serve personally on the accused the indictment confirmed on 28 June 2011 by this Tribunal's Pre-Trial Judge, let alone to arrest them. I am studying their report. In the meantime, I am confident that they will continue to cooperate with the STL and persist in their search for the accused, pursuant to the obligations laid down in Article 15 of the document annexed to UN Security Council Resolution 1757 (2007).
 
 The next step under our Rules of Procedure and Evidence may require us to advertise the confirmed indictment more broadly. Before I decide on this step, I wish to directly address the accused, their families and their close associates, as well as the Lebanese public.
The Special Tribunal for Lebanon has been established to dispense justice in a proper and fair manner. All those working for the Tribunal are doing their job with full independence and impartiality. Any claim that the Tribunal is under the influence of some countries is simply preposterous. We are only acting in the interest of Lebanon; our only motivation is the pursuit of justice. Our exclusive aim is to find the truth about the assassination of 14 February 2005 and other possibly connected criminal cases, while upholding the highest international standards of criminal law. For the Lebanese public, this mission means that our work will help put a stop both to the use of assassination in the context of Lebanese political disputes, and to the tendency to forgo accountability, which in fact perpetuates the vicious cycle of assassinations and instability. For the accused, this mission means that we will conduct trials based on a firm presumption of innocence of the accused. The Tribunal shall never convict anybody unless guilt is established beyond any reasonable doubt.
Although in the absence of the accused the Tribunal's Head of Defence Office will appoint the best professionals to represent them in court, a major safeguard of a fair and just trial is the active participation of the accused. I therefore urge all the indictees to come before the Tribunal. If you do not wish to come to the Tribunal in person, the option might be available – following the procedures in our Rules – of appearing by video-link, thus participating in the proceedings without physically coming to The Hague. At the very least, it is extremely important for you to appoint legal counsel and to instruct them: without instructions from the accused it may prove harder for counsel appointed by the Head of the Tribunal's Defence Office to make a convincing case for those charged by the Prosecution. Our Rules go even further, because they foresee the possibility of you choosing and instructing your counsel without ever having to appear before the Tribunal, not even by video-link. It will be sufficient for you to raise all your arguments through your legal counsel. If you believe this Tribunal is illegal or illegitimate, argue this point through legal counsel chosen by you – you will thus have your voice heard on this issue. Use your counsel to make your case and zealously protect your rights.
 
If you cannot afford a lawyer, substantial funds have been earmarked in the Tribunal's budget for the defence of accused persons – you may use this money to hire the best lawyers and experts, so as to carry out your own investigations and pursue your theories about the case. It is in your power to exercise your full rights of defence by instructing a lawyer of your choosing. Should you not have already a lawyer, you can contact the STL Head of Defence Office directly to obtain a list of highly qualified independent lawyers that you may engage. I will echo the words of the Head of Defence Office: since the STL is a court of law, a defence lawyer is the only person who can effectively challenge the charges brought against you.
 
Let me also remind all those allegedly involved in those terrorist crimes in Lebanon that nothing, I repeat, nothing will deflect or prevent the Tribunal from fulfilling its mission. The lofty ideals on which the Tribunal is grounded (accountability, dispensation of justice to contribute to long-term peace and reconciliation, safeguarding the rights of the victims) are solidly ingrained in our Statute and our Rules and jealously protected by the Judges. They cannot be set aside by a stroke of the pen, by mere rhetoric or even by violence.
 
The march to justice is inexorable, and one way or another we will end up with a trial. I therefore strongly appeal to the accused to take advantage of the broad legal possibilities offered by our Rules of Procedure and Evidence, thereby contributing to the establishment of truth and the conduct of fair proceedings. 

Tuesday, August 9, 2011

Lebanese authorities report to the STL

Leidschendam, 9 August 2011 - The Lebanese authorities have reported to the Special Tribunal for Lebanon on the measures that they have taken to search for, arrest and transfer those accused in the 14th February 2005 attack.
The Lebanese Prosecutor General submitted his report today. He stated that so far none of the four people who are accused has been detained.
The President of the STL, Judge Antonio Cassese, will now consider the report carefully and will in due course make a determination on the next steps. Lebanon's obligation under UN Security Council Resolution 1757 to arrest, detain and transfer the accused continues.
Source: STL Release

Friday, July 29, 2011

Highlights: Hariri Tribunal

Fri, 29 Jul 2011
Hariri Tribunal
Deputy Spokesperson Toner (July 29): "This indictment's an important milestone, and we call on the Government of Lebanon to continue to meet its obligations under international law to support the special tribunal."

LEBANON: UN TRIBUNAL IDENTIFIES NAMES OF FOUR MEN ACCUSED OF HARIRI MURDER

New York, Jul 29 2011 3:10PM
The United Nations-backed tribunal set up to try those alleged responsible for the 2005 assassination of former Lebanese prime minister Rafiq Hariri today released the identities of the four men accused of the crime.

Daniel Fransen, a pre-trial judge with the Special Tribunal for Lebanon STL, ordered the lifting of confidentiality on the full names, aliases, photographs, biographical information and charges against the men named in an indictment last month. Parts of the indictment remain confidential.

The four people named are Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra. All Lebanese, they are charged over the massive car bombing in central Beirut on 14 February 2005 that killed Mr. Hariri and 21 others.

Mr. Ayyash, 47, and Mr. Badreddine, 50, are each charged with homicide, attempted homicide, committing a terrorist act and conspiracy to commit a terrorist act.

Mr. Oneissi, 37, and Mr. Sabra, 34, face charges of conspiracy to commit a terrorist act, and being an accomplice to homicide and to attempted homicide.

In a statement Daniel Bellemare, the STL Prosecutor, said the release of the names and biographical information "has been taken to increase the likelihood of apprehending the accused in case any of them is seen by the public."

International arrest warrants against the four men were issued on 8 July and Lebanese authorities have to report back by 11 August on the progress made in carrying out the arrest warrants.

A spokesperson for Secretary-General Ban Ki-moon said the UN chief reiterated his strong support for the STL in its efforts to uncover the truth of what happened on 14 February 2005 and to bring those responsible for justice.

"He calls on all States to support the independent judicial process, including by cooperating with the Special Tribunal in the execution of the indictment and arrest warrants," the spokesperson said.

"The Secretary-General also reiterates his expectation that the new Government of Lebanon will uphold all of Lebanon's international expectations, including its obligations to support and cooperate with the Special Tribunal."

The STL is an independent court created at the request of the Lebanese Government, with a mandate issued by the Security Council. It is based in The Hague in the Netherlands.

Pre-Trial Judge lifts confidentiality from parts of the indictment

Leidschendam, 29 July 2011 - The Pre-Trial Judge Daniel Fransen has ordered the lifting of confidentiality on the full names and aliases, biographical information, photographs and charges against the individuals named in the indictment, confirmed on 28 June.
The Prosecution alleges that the four individuals named in the indictment were involved in the 14 February 2005 attack that killed the former Lebanese Prime Minister Rafiq Hariri and others.
These are the four individuals named in the indictment: Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, Assad Hassan Sabra.
The order states that Prosecutor Daniel A. Bellemare, after consultations with the Lebanese Prosecutor General, indicated that lifting the confidentiality of this information "does not contradict Lebanese law with regard to executing arrests."  
 
According to the order, Prosecutor Bellemare stated that making the information available to the public may increase the likelihood of the accused being apprehended.
 
The remaining text of the indictment and the individual redacted versions for each accused will remain confidential at this stage. The Pre-Trial Judge said that disclosing the above information does not prejudice the rights of the accused, who are still presumed innocent.
 
The Prosecutor submitted the indictment for review to Judge Fransen, on 17 January 2011. The indictment and accompanying arrest warrants were transmitted to the Lebanese authorities on 30 June 2011.
 
The Pre-Trial Judge issued on 8 July 2011 international arrest warrants against the accused.
Judge Fransen authorised the Office of the Prosecutor to provide Interpol with the necessary information to issue a "red notice" against each accused.
 
The deadline for authorities in Lebanon to report on the progress made in carrying out the arrest warrants is on 11 August. The Lebanese authorities have an ongoing responsibility to arrest, detain, and transfer the accused.

Wednesday, July 20, 2011

STL Press release - The President of the Tripoli Bar Association visits the Special Tribunal for Lebanon

Leidschendam, 20 July 2011 – Mr Bassam DAYE, the President of the Bar Association of Tripoli in North Lebanon, paid a two-day official visit to the Special Tribunal for Lebanon on 18 and 19 July at the invitation of the Defence Office.
Mr DAYE held talks with the Vice-President of the Tribunal, Mr Ralph RIACHY, with the Pre-Trial Judge, Mr Daniel FRANSEN, and the Prosecutor, Mr Daniel BELLEMARE.
Following the confirmation of an indictment by the Pre-Trial Judge, the Head of Defence Office, Mr François ROUX, explained to the President of the Tripoli Bar Association the mechanisms that have been put in place to assist the future defence teams.
President DAYE also attended a hearing at the International Criminal Tribunal for the former Yugoslavia and met representatives from the International Criminal Court and the International Bar Association after visiting the Peace Palace.
At the end of his visit, Mr DAYE commented: "I am glad to have had the opportunity to put to senior Tribunal officials the questions that many Lebanese people have been asking themselves. I stressed the need to guarantee the rights of the accused in order to render justice equitably. The reception I was given has strengthened my desire to develop constructive exchanges with the actors involved in international criminal justice."
 

Tuesday, July 19, 2011

STL Media Advisory – Al Sayed Appeal

Leidschendam, 19 July 2011 – The Appeals Chamber has issued a decision today in the Jamil Al Sayed matter, sending back the file to the Pre-Trial Judge for further consideration.
Background:
The Appellant was detained by the Lebanese authorities for more than three and a half years as part of the investigation into the 2005 assassination of former Prime Minister Rafiq Hariri. Following the establishment of the Special Tribunal for Lebanon, and on the application of the Tribunal's Prosecutor, the Appellant was released without charge by order of the Pre-Trial Judge. He applied to the Tribunal for disclosure of documents in its possession to enable him to bring proceedings before national courts against persons allegedly responsible for false allegations against him. The Appeals Chamber previously upheld a decision of the Pre-Trial Judge that the Appellant has standing to make the application and that the Tribunal has jurisdiction to entertain it. It confirmed the existence of a generally expressed right to such disclosure and remanded the case for further consideration by the Pre-Trial Judge. The Appellant now challenges on appeal the decision of the Pre-Trial Judge that three categories of documents were exempt from disclosure, namely (1) correspondence between the Lebanese authorities and the United Nations International Independent Investigation Commission ("UNIIIC" or "Commission"); (2) internal memoranda of the UNIIIC; and (3) the notes of investigators.

COUNCIL OF THE EUROPEAN UNION, Council conclusions on Lebanon

3106th FOREIGN AFFAIRS Council meeting

Brussels, 18 July 2011

The Council adopted the following conclusions:

1. "The EU welcomes the formation of a new government in Lebanon. It expects that the new government will ensure promotion of stability, unity, sovereignty and independence of Lebanon in full respect of the constitution and the rule of law. The EU trusts that the Lebanese government will give priority to strengthening the state's authority. It encourages the new government to implement an ambitious agenda of much needed economic, social and political reforms.

2. The Council expects that the new Lebanese government will be committed to the full implementation of all relevant UNSC Resolutions, including 1559, 1680, 1701 and 1757.

3. Concerned by the absence of an explicit commitment to cooperate with the Special Tribunal for Lebanon in the Ministerial Declaration, the Council calls upon the new government to respect and fulfil all its international obligations and commitments stemming from UNSCR 1757. It reiterates EU's full support to the Special Tribunal, an independent court, established by the UNSC Resolution 1757 and following the highest judicial standards. The Council expects all parties to fully cooperate with the Tribunal. It further calls on all Lebanese actors to act constructively and continue to show restraint.

4. Bearing this in mind, the EU attaches great importance to the partnership between the European Union and Lebanon. As Lebanon achieves sustainable progress towards reforms, in particular in strengthening democracy, rule of law, inclusive economic development and reducing social inequalities, the EU is prepared to match this with increased support, as foreseen in the framework of the new European Neighbourhood Policy."

Tuesday, July 12, 2011

“Don’t be a victim twice” / Victims’ participation in STL proceedings

Leidschendam, 12 July 2011 - The Victims' Participation Unit of the STL has today opened applications for victims to participate in the proceedings before the Tribunal. This follows the confirmation of an indictment by the Pre-Trial Judge on 28 June 2011.

Through this process the voices of victims will be heard. They will be able to fully participate in the trial before the Tribunal, which will seek the truth behind the attack on 14 February 2005 and also serve justice.

Individuals who have suffered physical, mental or material harm can apply to participate in the proceedings as victims by completing the application form on the STL website. Since the confirmed indictment relates to the attack on 14 February 2005 that killed the former Lebanese Prime Minister Rafiq Hariri and 22 others, only those who were affected by that attack may participate at this stage.

The victims' application process is entirely confidential. Once the Pre-Trial Judge approves the application, the victim is entitled to a number of rights similar to those of the Prosecution and the Defense; such as calling and cross-examining witnesses, submitting evidence, and filing motions, with the approval of the judges.

Unless the judges rule differently, victims shall only participate in the proceedings through a lawyer. The Tribunal could, under certain conditions, cover all of the victims' legal costs if they are unable to afford them.

The Special Tribunal for Lebanon cannot award compensation to victims for the harm they suffered. However, if one or more accused persons are convicted, the Tribunal shall provide victims with a certified copy of the judgment, which they may present before national courts in order to seek compensation.

The Victims' Participation Unit is responsible for assisting the victims participating in the proceedings related to the attack on 14 February 2005 and any other attack (s) over which the Tribunal will have jurisdiction. A Lebanese telephone hotline has been set up to answer victims' questions.
Source: STL Press Release

Monday, July 11, 2011

STL Media Advisory - International arrest warrants

Leidschendam, 11 July 2011 -The Pre-Trial Judge, Daniel Fransen, issued on Friday 8 July international arrest warrants against the accused in the 14 February 2005 attack in which the former Lebanese Prime Minister, Rafik Hariri and many others were killed. The Tribunal has requested Interpol to notify all States of the arrest warrants. This follows a request from STL Prosecutor Daniel A. Bellemare.

Judge Fransen's decision authorised the Office of the Prosecutor to provide Interpol with the necessary information to issue a "red notice" against each accused.

The issuing of international warrants comes after the confirmation of an indictment and its transmission along with domestic arrest warrants to the Lebanese authorities on 30 June 2011. The confirmation of that indictment means that the Pre-Trial Judge has ruled that there is sufficient evidence for the case to proceed to trial. The indictment remains confidential, and at this stage the STL has no comment to make about the identity of those accused.

Sunday, July 10, 2011

Interpol forwards warrants for Hariri murder suspects

"I can confirm that the tribunal has requested Interpol to notify all states of the arrest warrants against the accused in the 15th February 2005 attack," the court's Beirut spokesman, Martin Youssef, told AFP.
He said that the international police organisation had issued a so-called "red notice" to member states late on Friday but gave no information on the presumed whereabouts or the identity of the four suspects.
"The international arrest warrants will not be published and will not be available to the public because they are still confidential," he added.
A senior officer in Lebanon's security services told AFP that Lebanon and the other 187 Interpol member states had received the "red notice" on Saturday asking them to arrest the suspects and hand them over to the UN-backed court for trial.
The official said the warrants were for four senior Hezbollah officers who are accused of carrying out a "terrorist act" and of "killing Rafiq Hariri and 21 others using explosives."
The Special Tribunal submitted a confidential indictment and arrest warrants for the four accused on June 30. The names of the four were not released but were leaked to the Beirut media and later confirmed by the Lebanese government.
Mustafa Badreddin, Salim Ayyash, Assad Sabra and Hussein Anaissi are all members of Shiite militant group Hezbollah, which fought a devastating 2006 war with Israel and now leads the majority bloc in the Lebanese parliament.
In a July 2 speech, Hezbollah chief Hassan Nasrallah ruled out the arrest of four.
"No Lebanese government will be able to carry out any arrests whether in 30 days... 30 years or even 300 years," he said.

Friday, July 8, 2011

French Foreign Ministry: Lebanese government's stance regarding STL is perturbing

NNA - 8/7/2011 - The French Foreign Ministry expressed on Friday its worry over the new Lebanese government's stance regarding the cooperation with the special tribunal for Lebanon assigned of referring to trial the assassins of the late Rafic Hariri.
France believes the new government tends to cast doubt over the tribunal's neutralism and professionalism

Thursday, July 7, 2011

UNTSO: Equipment transportation normal UN-adopted procedure

 NNA - 7/7/2011 United Nations Truce Supervision Organization (UNTSO) office head in Beirut, Colonel Richard Hauser, issued on Thursday a statement in which it said that the transportation of 97 computers by the United Nations International Independent Investigation Commission (UNIIIC) from Naqoura to Israel is a normal procedure adopted by the U.N.

Hauser also said that each computer's hard disk was removed, destroyed, and replaced with new one, affirming that the computers are still in their possession and that "such procedures are adopted when equipments are transferred from one U.N. mission to another."

"The operation was conducted with complete transparency and in conformity with followed procedures," he concluded.

It is noteworthy that Hauser's statement came in response to Hezbollah Sayyed Hassan Nasrallah's disclosure of a UNTSO document stating that the computers belong to the UNIIIC and they were in fact moved to Israel.

According to Nasrallah, the document provided proof that 97 computers were transported by investigators through Naqoura to Israel and not through the airport or Beirut port, at a time when STL Prosecutor Daniel Bellemare was still the head of the committee probing Hariri's murder.

Monday, July 4, 2011

Confirmation of Indictment Shows that the Prosecutor’s Investigation Relies on Credible Evidence

Leidschendam, 4 July 2011 – In response to allegations made by Mr. Hassan Nasrallah in his speech of 2 July 2011, the Prosecutor stated that "the staff of the OTP have been recruited on the basis of their professionalism, impartiality and expertise, and I have full confidence in their strong commitment to finding the truth".

The Prosecutor welcomes Mr. Nasrallah's offer to provide the file that he stated he has on some elements of the investigation and requests the video material that was shown on television during his televised statement, as well as any other information and documents that would assist the Tribunal in its ongoing pursuit of justice.

The investigation is carried out according to the highest standards of international justice and its results are based solely on facts and credible evidence. The Prosecutor stated that "the staff of the OTP act independently and in good faith in their search for the truth".

In seeking the release of the four generals in April 2009, the Prosecutor has already demonstrated that when he is not satisfied with the credibility or reliability of the evidence he will not hesitate to reject it.

In confirming the indictment on 28 June 2011, the Pre-Trial Judge ruled that he was satisfied that there was sufficient evidence to send the accused to trial for the attack of 14 February 2005.

The Prosecutor will not engage in a public debate in the media about the credibility of his investigation or of the investigative process. This is a judicial process and should be treated as such. In this context, the proper forum to challenge the investigation or the evidence gathered as a result, is in open court during a trial that will fully comply with international standards.

As has often been stated, justice is the guarantee of sustainable stability. The Prosecutor calls for all steps to be taken to bring the accused to justice.

Saturday, July 2, 2011

INTERPOL urges UN-backed court to authorize entering names of individuals wanted for the assassination of former Lebanese Prime Minister Rafiq Hariri into police databases.

LYON, France - INTERPOL has been cooperating closely with the Special Tribunal of Lebanon (STL), since its formation, to assist in identifying and bringing to justice those responsible for the assassination on 14 February 2005 of Rafiq Hariri, the former Prime Minister of Lebanon.
As part of that cooperation, the Special Tribunal for Lebanon has the authority to seek international wanted persons notices (Red Notices) via INTERPOL to apprehend and to prevent the unlawful flight of those wanted for arrest by the STL.
The Special Tribunal of Lebanon also has the authority to request INTERPOL to keep the names of those wanted for arrest confidential, under seal, and made available only to police in INTERPOL's 188 member countries.
Until now, INTERPOL has received no request from the Special Tribunal for Lebanon to issue INTERPOL Red Notices or to enter into INTERPOL's databases any information about the individuals wanted for arrest for the assassination of the former Prime Minister of Lebanon, Rafiq Hariri.
In response to any media inquiries on why INTERPOL Red Notices have not been requested and why the identifying data of those wanted for arrest by the STL have not been entered into our databases, INTERPOL will only make the following statement:
"INTERPOL can offer no explanation for why the Registrar of the Special Tribunal for Lebanon would not authorize the disclosure to INTERPOL's 188 member countries of the names, dates of birth and photographs of those wanted for arrest by the Special Tribunal of Lebanon for the assassination of Rafiq Hariri, the former Prime Minister of Lebanon.
Police cannot arrest, prevent dangerous persons from entering their countries' borders, or prevent their flight from justice of other countries based on information in the media; police require authorization from judicial or other governmental authorities."
INTERPOL's Secretary General, Ronald K. Noble, has stated on many occasions that "the failure to include the names and identifiers of those wanted for arrest in INTERPOL databases increases their ability to cross international borders undetected and to avoid apprehension."
Any media inquiries to INTERPOL concerning those wanted for arrest by the Special Tribunal Lebanon for the assassination of Rafiq Hariri should be directed to the STL itself.
INTERPOL media release  

Friday, July 1, 2011

Indictments by the Special Tribunal for Lebanon

Press Statement
Hillary Rodham Clinton
Secretary of State
Washington, DC
July 1, 2011

The United States congratulates the Special Tribunal for its hard work on completing this important step. We understand that this is an emotional and significant period for all involved, and we call on all parties to promote calm and continue to respect the Special Tribunal as it carries out its duties in a professional and apolitical manner.
The confirmation of the indictments by the pre-trial judge and their delivery by the Special Tribunal to the Lebanese authorities is an important milestone toward justice and ending a period of impunity for political violence in Lebanon. We call on the Government of Lebanon to continue to meet its obligations under international law to support the Special Tribunal.
The Special Tribunal is an independent judicial entity, established by an agreement between the Lebanese Government and the United Nations in response to a very difficult time in Lebanon's history. Its work is legitimate and necessary. It represents a chance for Lebanon to move beyond its long history of political violence and to achieve the future of peace and stability that the Lebanese people deserve. Those who oppose the Special Tribunal seek to create a false choice between justice and stability. Lebanon, like any country, needs and deserves both.

Prosecutor Daniel Bellemare Welcomes Confirmation of Indictment

Leidschendam, 1 July 2011 The Prosecutor Daniel A. Bellemare welcomes the decision of the Pre-Trial Judge on 28 June 2011 to confirm the indictment that he filed regarding the assassination of former Prime Minister of Lebanon Rafiq Hariri on 14 February 2005. This attack resulted in the death of 21 other victims and the injury of at least 230 others.
 
The Pre-Trial Judge also granted the Prosecutor's request to issue arrest warrants against the persons named in the indictment and asked the Lebanese authorities to execute these warrants.

By order of the Pre-Trial Judge, the content of the confirmation decision and indictment are still confidential and will be made public only when so ordered by the Pre-Trial Judge.
 
The decision of the Pre-Trial Judge represents an important milestone as it is the first independent judicial review of the work of the Office of the Prosecutor. By confirming the indictment, the Pre-Trial Judge was satisfied that there was sufficient evidence to send the accused to trial. Accused persons are presumed innocent until their guilt is established beyond reasonable doubt before the Trial Chamber of the Tribunal.
 
The confirmation of the indictment is only a second step in the judicial process. The Office of the Prosecutor's investigations are still ongoing and work continues to be ready for trial. The Prosecutor can submit additional indictments to the Pre-Trial Judge at any stage.
 
The confirmed indictment is the result of strong teamwork and dedication in the Office of the Prosecutor and countless hours of investigative work. This result could not have been achieved without the support and assistance of the Lebanese authorities.  It reflects, above all, the continued commitment of the Lebanese people to put an end to impunity in Lebanon.
 
The Prosecutor thanks the Lebanese people and the families of the victims for their patience and hopes that this confirmation will renew their confidence in our resolve to uncover the truth. 
 
Bringing the accused to justice will require adherence to the rule of law, the continued cooperation of the Lebanese authorities, and support of the international community. 

Thursday, June 30, 2011

New York, 30 June 2011 - Statement attributable to the Spokesperson for the Secretary-General on The Special Tribunal for Lebanon

The Special Tribunal for Lebanon has confirmed that an indictment, accompanied by arrest warrants, was delivered this morning to the Prosecutor General to the Supreme Court in Lebanon, Mr Mirza. While the delivery of the indictment and warrants has been publicized, their contents have not been shared with the United Nations.

The Special Tribunal for Lebanon is an independent court of law established at the request of the Government of Lebanon, with a clear mandate from the United Nations Security Council pursuant to its resolution 1757 (2007). Under resolution 1757, the Lebanese authorities are required to locate, arrest, detain and transfer the accused persons to the Tribunal.

The Secretary-General reiterates his strong support for the Special Tribunal for Lebanon, and for its efforts to uncover the truth and send a message that impunity will not be tolerated. He calls on all states to support the independent judicial process, in particular by cooperating with the Special Tribunal in the execution of the indictment and arrest warrants. The Secretary-General expects the new Government of Lebanon to uphold all of Lebanon's international obligations and to cooperate with the Special Tribunal.

STL Media Advisory - What follows a confirmed indictment?

A confirmed indictment

The confirmation of an indictment does not mean that the person(s) named in the indictment is/are guilty of the crimes of which they are accused. It simply confirms that the case put forward by the Prosecutor has met the burden of proof required at this stage of the process - prima facie evidence. In simple terms this means that if this evidence were presented uncontested at the trial, it would lead to a conviction.

The accused is innocent until proven guilty.

Trials at the STL
 
One of the great strengths of international tribunals is judicial independence. Trials at the STL will in principle be heard in public before highly experienced and independent judges.  

The trials will be evidence-based and the prosecution must prove, beyond reasonable doubt, that an accused committed the crimes he/she are charged with. If an accused person does not have sufficient funds to pay for his/her legal representation, defence lawyers may be paid for by the tribunal.

Arrest warrant

The Pre-Trial Judge, Daniel Fransen, has issued arrest warrant(s) against the person(s) who are accused of the crime(s) set out in the indictment. This is in response to a request by the Prosecutor. There are several reasons for issuing arrest warrant(s), including:
    ensuring the appearance of an accused at the tribunal
    making sure that an accused person does not threaten the continuing investigations or court proceedings
    preventing an accused person from committing a similar crime to that of which he is accused.
The Registrar has submitted the warrant(s) of arrest to the Lebanese authorities. This request may also be sent to relevant international authorities including INTERPOL.

The Lebanese authorities must inform the President of the STL within 30 days after the confirmation of the indictment of the measures the state has taken to arrest the person(s) named in the indictment.

If after these 30 days no individual(s) is/are arrested and if the STL President considers that reasonable attempts to serve the indictment have been made, he may order a public advertisement after consulting the Pre-Trial Judge. The Registrar would then send an advertisement calling on the accused to surrender to the Lebanese authorities for publication in the media.

Initial appearance

When an accused is arrested the Lebanese authorities with the assistance of the STL Registrar, will arrange the transfer of the individual to the detention facilities of the tribunal. He will then make an initial appearance in the STL courtroom to be formally charged. The judges will ensure that:
    the right of the accused to legal representation is respected
    the indictment has been read to the accused in a language he understands and that he understands the charges against him
    the accused has been informed that in this initial appearance he can plead guilty or not guilty to one or more counts. If he does not plea at this initial appearance he will be called upon to enter a plea of guilty or not guilty within seven days
    if the accused fails to enter a plea, the judge will decide whether to enter a plea of not guilty on the accused's behalf

If the accused does not have the money to pay for a lawyer, the Head of the Defence Office will assign counsel to him, for which the tribunal will pay. Equally, if the accused has not chosen a lawyer yet, the Head of the Defence Office may assign him a duty counsel to represent him at the initial appearance.

Proceedings in absentia

The STL has the power to hold trials in absentia (trials that take place without the accused being present). However, the presence of an accused person in the STL courtroom is the best option for all, especially for the accused who will be given the opportunity to present his defence.
If the accused has not been arrested within 30 calendar days of the public advertisements the Pre-Trial Judge can ask the Trial Chamber to initiate in absentia proceedings. The Trial Chamber will then determine whether the accused is trying to avoid trial or if the accused is unable to attend. (See Rule 106 of STL Rules of Procedure and Evidence)

To ensure that a trial in absentia is fair and just many safeguards are included in the STL's rules. The accused would be represented by a counsel appointed by the Head of the Defence Office. If the accused decides to present himself to the tribunal during trial proceedings or at any time after sentencing, he may request a new trial.

Disclosure and preparation for trial

Once these steps have taken place, whether or not the accused has surrendered to the tribunal, has been arrested or has not been found, the Prosecutor has to disclose to the defence copies of the supporting material accompanying the indictment. He will also provide the defence with the statements of all witnesses whom the Prosecutor intends to call to testify at the trial.
 
At this stage, the Prosecutor can apply to the Trial Chamber to prevent the disclosure of certain information if:
    it may prejudice ongoing or future investigations
    it may cause a risk to the security of witnesses or their families
    it may be contrary to the public interest or the rights of third parties

Preliminary motions
 
Before the Pre-Trial Judge hands the case file to the Trial Chamber any preliminary motions will be considered. These motions can challenge the jurisdiction of the tribunal, claim defects in the form of the indictment, seek the severance of some counts of the indictment, seek separate trials, or raise objections based on the refusal of a request for the assignment of counsel.

These motions must be presented in writing not later than 30 days after the disclosure of the supporting material to the defence.
Then, the Pre-Trial Judge will implement a working plan and set a tentative date for the start of the proceedings at least four months in advance of trial.

Victims
 
One of the most striking legal features at the STL is the possibility for victims to participate in the proceedings. Participating victims before the STL are not private claimants and they do not have the right to seek compensation from the tribunal. However, the victims could eventually file for damages before a national court on the basis of a judgment by the Tribunal.
 
Due to the potential impact of victims' participation on proceedings, victims who wish to take part in proceedings must be screened beforehand by the
Pre-Trial Judge. He may:
    exclude persons whose status as a victim is doubtful
    limit the number of victims who may participate in proceedings
    designate one legal representative to act on behalf of multiple victims.

These features are designed to ensure an effective right for victims to take part in the proceedings, whilst at the same time protecting the rights of the accused.

Confirmed indictment submitted to the Lebanese authorities

Leidschendam 30 june 2011 - The Pre-Trial Judge, Daniel Fransen, confirmed an indictment relating to the assassination of Rafiq Hariri and others on 28 June 2011. The indictment and accompanying arrest warrant(s) were transmitted to the Lebanese authorities on 30 June 2011. This announcement follows a declaration by the Lebanese authorities that they have received a confirmed indictment.
 
The confirmation of the indictment means that Judge Fransen is satisfied that there is prima facie evidence for this case to proceed to trial.  This is not a verdict of guilt and any accused person is presumed innocent unless his or her guilt is established at trial.
 
At this time, the STL has no comment on the identity or identities of the person or persons named in the indictment. Indeed, Judge Fransen has ruled that the indictment shall remain confidential in order to assist the Lebanese authorities in fulfilling their obligations to arrest the accused.
 
UN Security Council Resolution 1757 and the provisions of its annexes are clear on the steps that must be taken by the Lebanese authorities. These include the service of the indictment on the accused person or persons, their arrest and detention, as well as their transfer to the STL. 
 
Under the STL's Rules of Procedure and Evidence, the Lebanese authorities have  to report to the STL on the measures that they have taken to arrest the accused, at least within 30 days of the submission of the indictment.
 
The Prosecutor of the STL submitted an indictment, for review by Judge Fransen, on 17th January 2011 and subsequently amended it three times – on 11th March, 6th May and 10th June 2011 (the latter at the request of the Pre-Trial Judge).

Friday, June 24, 2011

STL Press Release: Lawyers workshop

Leidschendam, 23 June 2011 - On 16 June 2011 the Tripoli Bar was host to a workshop organised by the Defence Office and the Victims' Participation Unit of the Registry of the Special Tribunal for Lebanon, in collaboration with the North Lebanon and the Beirut Bar Associations.

This occasion marked the start of a roundtable that will continue in Beirut and Leidschendam and will cover all aspects of the judicial activities of the Tribunal.

Around twenty lawyers took part in in-depth exchanges with professionals from the Tribunal on the initial steps to be taken by the defence and the victims should the indictment be confirmed by the Pre-Trial Judge.
 
Defence Office

Monday, May 30, 2011

STL Media Advisory - Lebanon’s first international criminal justice conference

Beirut 30th May 2011 - Several representatives of the STL have participated in a major conference on international criminal justice in Beirut.  The three-day event was organised by two Lebanese NGOs – the Scientific Association for the Dissemination of Legal Culture in the Arab World and Justice without Frontiers – in cooperation with the STL Outreach section.

Nearly 200 people attended the conference, which placed the work of the Special Tribunal for Lebanon in the context of international justice.  There were discussions on many topics including the establishment and mandate of international judicial institutions, their jurisdiction, the complexity of international investigations and prosecutions, the protection of witnesses, the rights of the accused, the participation of victims, cooperation of states, as well as the impact of the judicial institutions on the communities affected by their work.

The conference concluded with discussions on the most recent legal developments in the Middle East and North Africa.   The participants expressed their commitment to the force of law as opposed to the law of force, which they considered essential to the achievement of international peace and security and a guarantee of the respect of human rights. The participants also highlighted the necessity of empowering international criminal justice mechanisms so that they may contribute to a peaceful coexistence among nations.

The organizers unanimously adopted three recommendations. The first called on Arab countries to join the ICC, the second called upon the civil society in the Arab world to disseminate the culture of human rights, and the third called upon legal professionals and academics to engage with and contribute to international criminal justice.
The was the first event of its kind in Lebanon and brought together officials and experts from several courts including the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the STL. 

Also present were legal experts from many Arab countries including Lebanon, Qatar, Oman, Sudan, Bahrain, Tunisia, Morocco, Kuwait, Algeria and Egypt.
 
ENDS

Wednesday, May 25, 2011

Judge Antonio Cassese, has issued a scheduling order setting the dates for submissions in the appeal by Jamil El Sayed

Leidschendam 25th May 2011 - The President of the STL, Judge Antonio Cassese, has issued a scheduling order setting the dates for submissions in the appeal by Jamil El Sayed filed on 23 May 2011. 
 
Mr. El Sayed has appealed the Pre-Trial Judge's order, released on 13 May 2011, which required the Prosecutor to disclose some but not all of the investigatory documents sought by Mr. El Sayed in relation to his detention by the Lebanese authorities.
 
The Prosecutor will have until 10 June 2011 to respond to the appeal, and Mr. El Sayed will have until 22 June 2011 to file a reply.

Source: STL Media Advisory

Saturday, May 14, 2011

STL-Media Advisory : Timeline Jamil El Sayed, May 12 2011

** El Sayed's Release
 
29 April 2009: Special Tribunal Lebanon Pre-Trial Judge Daniel Fransen orders the release of Jamil Mohamad Amin El Sayed, Ali Salah El Dine El Hajj, Raymond Fouad Azar and Mostafa Fehmi Hamdan.
·         Read the media advisory.
·         Read the OTP press release.
 
*** Mr El Sayed's Application
 
17 March 2010: Mr El Sayed, represented by his counsel Akram Azoury, submitted an application before the President of the STL that was filed confidentially with the Registry of the Tribunal, requesting "evidentiary material related to the crimes of libelous denunciations and arbitrary detention".
 
15 April 2010: The President of the Special Tribunal, Judge Antonio Cassese,issued an order assigning the matter to the Pre-Trial Judge. Pursuant to the President's Order, "the Applicant was granted standing to submit filings in this matter and according to the relevant rules and procedures".
 
21 April 2010: the Pre-Trial Judge issued a "Scheduling Order For Determination Of The Application Of Mr. El Sayed", in which the procedure to rule on Mr. El Sayed Application was spelled out. The Order set the dates for submissions of arguments and responses by Mr. El Sayed and the Office of the Prosecutor and laid out the possibility that the Pre-Trial Judge order a public hearing.
 
25 June 2010: The Pre-Trial Judge issued a scheduling order for a public hearing on the request of Mr El Sayed for access to certain documents allegedly in the possession of the Tribunal.
 
13 July 2010: A public hearing was held at the request of Mr. El Sayed to determine if the Tribunal has jurisdiction over this matter. During the hearing, the Applicant and the Prosecutor put forward their arguments and the Head of the Defence Office also provided his views.
View pictures of the hearing.
 
17 September 2010: The Pre-Trial Judge issued an Order, in which he found that the Tribunal had jurisdiction over this matter, and that Mr El Sayed had standing before the Tribunal. The Pre-Trial Judge ruled that the right of access to a criminal file is not absolute and can be subject to limitations. On 29 September the Prosecutor lodged an appeal against the Pre-Trial Judge's Order.
·         Read the media advisory regarding the Pre-Trial Judge's Order.
 
1 October 2010 : The President of the Tribunal issued a scheduling order requesting the UN to submit an amicus curiae brief. Mr. El Sayed appealed the scheduling order and requested the disqualification of Judges Ralph Riachy and Afif Chamseddine from considering both appeals. On 10 November 2010, President Cassese issued two decisions (CH/PRES/2010/09, CH/PRES/2010/08) in which he rejected Mr El Sayed's motions to disqualify both judges. President Cassese determined that Judges Ralph Riachy and Afif Chamseddine have no personal interest in, or association with, Mr El Sayed's application that could affect or appear to affect their impartiality.
·         Read the media advisory.
 
10 November 2010: The Appeals Chamber dismissed the Prosecution's appeal, confirmed the Pre-Trial Judge's order on jurisdiction and standing and referred the case again to the Pre-Trial Judge.
·         Read the media advisory regarding the Appeals Chamber's decision.
 
7 January 2011: The Pre-Trial Judge issued a Scheduling Order to hold a public hearing in the case of Mr El Sayed. The Scheduling Order included a list of clarification questions to be addressed by both him and the Prosecutor during the hearing. Judge Fransen ordered this hearing in the interests of justice, taking into account the special circumstances of Mr. El Sayed's case and the importance of the issues it raised.
 
14 January 2011: A public hearing was held to allow Mr El Sayed and the Prosecutor to respond orally to the questions raised in the Order of 7 January 2011, and finalize their submissions to the Pre-Trial Judge.
 
Mr. El Sayed and the Prosecutor further addressed the specific issue of a possible ex parte hearing before the Pre-Trial Judge, during which the Prosecutor could confidentially identify those documents in his possession, that could be disclosed to Mr El Sayed or his Counsel, and give concrete reasons why other documents would not be disclosable.
·         Read the media advisory.
 
19 April 2011: The Pre-Trial Judge held a confidential and ex parte hearing relating to the request by MrEl Sayed to obtain access to documents allegedly in the possession of the Prosecutor that relate to his file. The purpose of the hearing was for the Pre-Trial Judge to examine the documents in the possession of the Prosecutor potentially relevant to Mr El Sayed and determine which of them the Prosecutor should disclose to Mr El Sayed, and in what form such disclosure is to take place..
·         Read the media advisory
Source: STL Release