Wednesday, August 17, 2011

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

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