Thursday, July 19, 2012

Pre-Trial Judge sets tentative date for trial

Leidschendam, 9 July 012 - The Pre-Trial Judge issued today an order setting 5 March 013 as a tentative date for trial to start in the Ayyash et al case.

The order provides the parties and the victims' legal representatives with a concrete starting date allowing them to continue preparing for trial.

"The setting of a provisional date for trial by Judge Daniel Fransen is an important judicial step on the road to trial," said Marten Youssef, the Tribunal's spokesperson.

The Pre-Trial Judge issued his order after consulting with the Prosecution, Defence, and President of the STL.

The rules of the Tribunal require the Pre-Trial Judge to set a tentative date for trial. That date may be subject to change pending further developments, such as the possibility of the Prosecutor filing a request to amend the indictment or the arrest.

It is also subject to the Trial Chamber's decision on the Tribunal's jurisdiction and their rulings on other preliminary motions.

In issuing the order, the Pre-Trial Judge considered the complexity and the gravity of the case and the need for defense counsel to have enough time to prepare their defence and to conduct their investigations.

In the meantime, the Pre-Trial Judge intends to continue actively pursuing his mandate to prepare and facilitate a fair and expeditious trial.

Wednesday, July 18, 2012

Media Advisory - Appeals Chamber rejects request to reconsider decision on the applicable law

Leidschendam, 18 July 2012 - The Appeals Chamber issued today a decision rejecting the request of the Defence to reconsider its ruling of 16 February 2011, which defined terrorism for the first time in international law.
The Defence argued that the content of the decision should be revisited. They also challenged the procedure followed to issue that decision. The Appeals Chamber decided that in order to reconsider its 16 February 2011 decision, the Defence must show that the accused suffered a prejudice from that decision. The Chamber found that the Defence failed to show any harm against the accused and rejected the request.

On 16 February 2011, the Appeals Chamber had issued a decision on 15 questions of law submitted by the Pre-Trial Judge to assist him in the confirmation of the indictment against the four accused. In that decision, the Chamber explained how the Tribunal should apply Lebanese law and defined the crimes of terrorism, conspiracy and homicide.