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.

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