The Ayyash case (STL 18-10) to proceed in absentia

Leidschendam, 06 February 2020 - Trial Chamber II of the Special Tribunal for Lebanon (STL) issued a decision yesterday  to proceed with a trial in absentia against Salim Jamil Ayyash, accused in the attacks against Marwan Hamade, Georges Hawi and Elias El-Murr, which occurred in Lebanon on 1 October 2004, 21 June and 12 July 2005, respectively.

In reaching this decision, Trial Chamber II took into account oral and written submissions from the STL Prosecutor, Registrar and the Head of the Defence Office. It also examined numerous documents from the Lebanese authorities, which detail the steps they have taken to apprehend the Accused and inform Mr Ayyash about the proceedings initiated against him.

These efforts included multiple attempts by the Lebanese authorities to find the Accused at his last known residences, as well as other locations. Trial Chamber II also took into consideration the fact that the indictment and the identity of the accused received intense media coverage in Lebanon. In addition, Trial Chamber II considered it relevant that the Lebanese authorities have unsuccessfully been searching for him since 2011 in connection to his indictment for the attack of 14 February 2005 against former Prime Minister Rafik Hariri and others.

Trial Chamber II concluded that all reasonable steps have been taken to secure the appearance of the accused and to notify him of the charges against him. It nevertheless emphasized the accused's right to a retrial should he appear before the Tribunal in the future. While the STL is the only international tribunal that can prosecute accused in their absence, it is a measure of last resort meant to ensure that those who flee from justice, cannot be found, have not been handed over, or have waived their right to be present, do not delay the course of justice.

With this decision, the case Prosecutor v. Ayyash (STL 18-10) proceeds to the Pre Trial Phase. For more information on trials in absentia and the upcoming steps, please click here.