Leidschendam, 1 November 2012 - The Appeals Chamber unanimously dismissed challenges by the Defence asking for a review of the decision to begin an in absentia trial against the four men accused in the 14 February 2005 attack.
The Trial Chamber decided in February to try the four accused – Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra –in their absence after they failed to appear before the Tribunal.
Upon being appointed, lawyers for the four accused asked the Trial Chamber to reconsider its ruling, but the judges denied the request. Defence counsel appealed that decision.
The Trial Chamber's judges considered the efforts by the Lebanese authorities to find the accused and inform them of the proceedings against them, as well as the massive publicity that the indictment and the identities of the accused received in Lebanon. The Chamber found that under the circumstances, it was inconceivable that the Accused were unaware of the indictment against them and that everything was done to notify them.
In a decision published today, the Appeals judges confirmed the Trial Chamber's finding that the accused had knowledge of the charges and proceedings against them.
Trials in absentia are permissible under Lebanese law and are a measure of last resort to ensure that those who abscond do not delay the course of justice. The STL is the only international court since the Nuremberg tribunal to allow for trials in absentia, because it applies Lebanese law as well as international law.
The Tribunal will continue to prepare for trial in the Ayyash et al case. Pre-Trial Judge Daniel Fransen set 25 March 2013 as the tentative start date for trial.
The Trial Chamber decided in February to try the four accused – Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra –in their absence after they failed to appear before the Tribunal.
Upon being appointed, lawyers for the four accused asked the Trial Chamber to reconsider its ruling, but the judges denied the request. Defence counsel appealed that decision.
The Trial Chamber's judges considered the efforts by the Lebanese authorities to find the accused and inform them of the proceedings against them, as well as the massive publicity that the indictment and the identities of the accused received in Lebanon. The Chamber found that under the circumstances, it was inconceivable that the Accused were unaware of the indictment against them and that everything was done to notify them.
In a decision published today, the Appeals judges confirmed the Trial Chamber's finding that the accused had knowledge of the charges and proceedings against them.
Trials in absentia are permissible under Lebanese law and are a measure of last resort to ensure that those who abscond do not delay the course of justice. The STL is the only international court since the Nuremberg tribunal to allow for trials in absentia, because it applies Lebanese law as well as international law.
The Tribunal will continue to prepare for trial in the Ayyash et al case. Pre-Trial Judge Daniel Fransen set 25 March 2013 as the tentative start date for trial.
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