STL President orders public advertisement of the indictment and calls for intensification of efforts to detain those accused

Leidschendam, 18 August 2011 - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, has ruled that public advertisement of the indictment is now necessary. This must take place before a decision about in absentia proceedings can be taken.
The recent report by the Lebanese authorities on the steps that they have taken to search for the accused was also assessed by the STL President. Whilst Judge Cassese deemed their efforts to be reasonable he also called on the authorities to intensify their attempts to arrest the accused. The Lebanese Prosecutor General is now required to report to the Tribunal on a monthly basis.
"It must be emphasised, however, that the report submitted by Lebanon on 9 August 2011 does not end Lebanon's continuing obligation to assist the Tribunal in searching for, serving, arresting, detaining and transferring the accused," said Judge Cassese.
The report filed by the Lebanese prosecutor general states that Lebanon "exerted its utmost efforts to execute [the] arrest warrants in the name of the four accused". Those efforts were unsuccessful.
The steps taken by the Lebanese authorities, as outlined by the prosecutor general, include surveillance, interviewing alleged associates of the accused, visiting localities where the accused are believed to have connections, meeting with municipality officials and interviewing neighbours.
"I understand these procedures satisfy the requirements of Article 147 of the Lebanese Code of Criminal Procedure," said Judge Cassese.
The STL Registrar will now transmit "a form of advertisement" to the Lebanese authorities. He will also consider other means of disseminating the indictment in Lebanon as well as in other countries.

Source: STL Release

US reaction to the Special Tribunal for Lebanon’s publication of the indictment.

Taken Question

Office of the Spokesperson

Washington, DC
Question Taken at the August 17, 2011 Daily Press Briefing

Question: What is our reaction to the Special Tribunal for Lebanon's publication of the indictment of four Hezbollah members?

Answer: As Secretary Clinton said earlier this month, this indictment is an important milestone toward justice and ending a period of impunity for political violence in Lebanon. We appreciate the work of the Special Tribunal and call on the government of Lebanon to continue to meet its obligations under international law to support the Special Tribunal.
The Special Tribunal is an independent judicial entity, established by an agreement between the Lebanese government and the United Nations. It operates in accordance with the same judicial and professional standards as other international tribunals, whether it is those focusing on crimes committed in Europe, Africa or elsewhere. This process is a means of ending the era of impunity for the terrible and tragic violence that has touched all of Lebanon's communities.

STL Prosecutor Bellemare Welcomes Tribunal’s Order to Unseal the Indictment

Leidschendam, 17 August 2011 – Prosecutor Daniel A. Bellemare welcomes the recent order of the Pre-Trial Judge to unseal the indictment.  The Prosecutor stated, "This Order will finally inform the public and the victims about the facts alleged in the indictment regarding the commission of the crime that led to charging the four accused.  This unsealing of the indictment answers many questions about the 14 February 2005 attack.  The full story will however only unfold in the courtroom, where an open, public, fair and transparent trial will render a final verdict".

The investigations of the Office of the Prosecutor are ongoing and preparations for trial continue.
 
For the convenience of the public, the Office of the Prosecutor has prepared the following brief overview of the indictment.  The indictment alone is the authoritative charging instrument.

*******************

 

The Indictment charges the four following accused persons for their individual criminal responsibility in the attack against Rafik Hariri:

• Salim Jamil Ayyash,
• Mustafa Amine Badreddine (aka Sami Issa, Mustafa Youssef Badreddine, Elias Fouad Saab),
• Hussein Hassan Oneissi (aka Hussein Hassan Issa), and;
• Assad Hassan Sabra.

The evidence filed with the indictment (known as supporting material and comprising more than 20,000 pages) corroborates the following factual allegations and charges included in the indictment.

On the morning of 14 February 2005, Rafik Hariri, the former Prime Minister of Lebanon, departed his residence at Quraitem Palace in Beirut to attend a session of Parliament.  As usual, he travelled in a convoy.  An assassination team consisting of Ayyash and others positioned themselves in several locations where they were able to track and observe Hariri's convoy.  They had done such tracking of Hariri on previous days in preparation for the attack.

Before 11:00 that day, Hariri arrived at Parliament.  Shortly before 12:00, Hariri left Parliament to go to Café Place de l'Étoile, located nearby, where he stayed for approximately 45 minutes, before leaving to go back to his residence.  At 12:49, Hariri entered his vehicle accompanied by MP Bassel Fuleihan and the convoy then departed the Place de l'Étoile.  Hariri and his security detail in a six-vehicle convoy started to drive back to Quraitem Palace via a coastal route, including Rue Minet el Hos'n.  At 12:52, a Mitsubishi Canter van moved very slowly towards the St. Georges Hotel, located on Rue Minet el Hos'n.  Approximately two minutes ahead of the convoy, the Mitsubishi Canter van moved towards its final position on Rue Minet el Hos'n.  At 12:55, as Hariri's convoy passed the St. Georges Hotel, a male suicide bomber detonated a large quantity of explosives concealed in the cargo area of the Mitsubishi Canter van, killing Hariri and 21 other victims and injuring 231 persons.

Shortly after the explosion, Oneissi and Sabra, acting together, called Reuters and Al-Jazeera in Beirut. Then Sabra called Al-Jazeera again and gave information on where to find a videotape that had been placed in a tree at ESCWA Square in Beirut.  The videotape was recovered together with a letter.  In the video, which was later broadcast on television, a man named Ahmad Abu Adass falsely claimed to be the suicide bomber on behalf of a fictitious fundamentalist group using the name 'Victory and Jihad in Greater Syria'.

As a result of the investigation which followed this attack, a significant amount of evidence was gathered, including witness statements, documentary evidence and electronic evidence (such as closed circuit television and telephone call data records).  The evidence has led to the identification of some of the persons responsible for the attack on Hariri.  Analysis of the call data records, for example, has revealed the users of a number of interconnected mobile phone networks involved in the assassination of Hariri.  Each network consisted of a group of phones, usually registered under false names, whose users had a high frequency of contact with each other.

The Indictment charges all four accused with Conspiracy aimed at committing a Terrorist Act, as co-perpetrators (Count 1).  Ayyash and Badreddine are charged (in Counts 2 to 5) with Committing a Terrorist Act by means of an explosive device, Intentional Homicide (of Hariri and the 21 other victims) with premeditation by using explosive materials, and Attempted Intentional Homicide (of those that survived but were injured) with premeditation by using explosive materials.  Oneissi and Sabra are charged as being accomplices to the commission of the others' offences (Counts 6 to 9).  All charges in the Indictment are crimes under Lebanese criminal law.

The roles that the accused played in the attack were as follows.  Badreddine served as the overall controller of the attack.  Ayyash coordinated the assassination team that was responsible for the physical perpetration of the attack.  Oneissi and Sabra, in addition to being conspirators, prepared and delivered the false claim of responsibility video, which sought to blame the wrong people, in order to shield the conspirators from justice.

It will be for the Trial Chamber to reach its own verdict after considering all the evidence at trial.
Source: STL Release

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

STL delegation, 'Hmadeh, Murr and Hawi cases linked to Hariri unlike Chidiac'

NNA - 11/08/2011 A delegation from the Special Tribunal for Lebanon (STL) informed Thursday former Ministers Elias Murr and Marwan Hmadeh that their attempted assassinations were related to the murder of former PM Rafik Hariri, while the case of May Chidiac was not. It was also revealed that the assassination of former secretary general of Lebanese Communist Party George Hawi was linked to the Hariri case.
STL delegation listened to all 3 survivors and relayed to them the relationship of the 4 wanted men to each of their cases. The 4 culprits were members of Hezbollah. They are still on the loose.

Murr said Thursday that he will not file a personal law suit against the culprits, but was ready to pay for the lawyers of parents of the men who died during his attempted assassination.

Hmadeh had a different position, and reported that he has filed a personal law suit against anonymous back in October 2004. "The investigation has made breakthroughs and the STL will happen," said Hmadeh.

The only case found not to be related to assassination of Rafik Hariri was that of media personality May Chidiac.

R.Z.
© NNA 2011 All rights reserved

Statement of Judge Antonio Cassese, President of the Special Tribunal for Lebanon

Leidschendam 11 August - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, today issued an open letter to the four men accused in the 14 February 2005 attack to inform them of their rights and to urge them to participate in trial.

See below for the full text.

 

Statement of Judge Antonio Cassese, President of the Special Tribunal for Lebanon

11 August 2011
 

The Lebanese authorities have notified me that they have been unable to serve personally on the accused the indictment confirmed on 28 June 2011 by this Tribunal's Pre-Trial Judge, let alone to arrest them. I am studying their report. In the meantime, I am confident that they will continue to cooperate with the STL and persist in their search for the accused, pursuant to the obligations laid down in Article 15 of the document annexed to UN Security Council Resolution 1757 (2007).
 

 The next step under our Rules of Procedure and Evidence may require us to advertise the confirmed indictment more broadly. Before I decide on this step, I wish to directly address the accused, their families and their close associates, as well as the Lebanese public.

The Special Tribunal for Lebanon has been established to dispense justice in a proper and fair manner. All those working for the Tribunal are doing their job with full independence and impartiality. Any claim that the Tribunal is under the influence of some countries is simply preposterous. We are only acting in the interest of Lebanon; our only motivation is the pursuit of justice. Our exclusive aim is to find the truth about the assassination of 14 February 2005 and other possibly connected criminal cases, while upholding the highest international standards of criminal law. For the Lebanese public, this mission means that our work will help put a stop both to the use of assassination in the context of Lebanese political disputes, and to the tendency to forgo accountability, which in fact perpetuates the vicious cycle of assassinations and instability. For the accused, this mission means that we will conduct trials based on a firm presumption of innocence of the accused. The Tribunal shall never convict anybody unless guilt is established beyond any reasonable doubt.

Although in the absence of the accused the Tribunal's Head of Defence Office will appoint the best professionals to represent them in court, a major safeguard of a fair and just trial is the active participation of the accused. I therefore urge all the indictees to come before the Tribunal. If you do not wish to come to the Tribunal in person, the option might be available – following the procedures in our Rules – of appearing by video-link, thus participating in the proceedings without physically coming to The Hague. At the very least, it is extremely important for you to appoint legal counsel and to instruct them: without instructions from the accused it may prove harder for counsel appointed by the Head of the Tribunal's Defence Office to make a convincing case for those charged by the Prosecution. Our Rules go even further, because they foresee the possibility of you choosing and instructing your counsel without ever having to appear before the Tribunal, not even by video-link. It will be sufficient for you to raise all your arguments through your legal counsel. If you believe this Tribunal is illegal or illegitimate, argue this point through legal counsel chosen by you – you will thus have your voice heard on this issue. Use your counsel to make your case and zealously protect your rights.
 

If you cannot afford a lawyer, substantial funds have been earmarked in the Tribunal's budget for the defence of accused persons – you may use this money to hire the best lawyers and experts, so as to carry out your own investigations and pursue your theories about the case. It is in your power to exercise your full rights of defence by instructing a lawyer of your choosing. Should you not have already a lawyer, you can contact the STL Head of Defence Office directly to obtain a list of highly qualified independent lawyers that you may engage. I will echo the words of the Head of Defence Office: since the STL is a court of law, a defence lawyer is the only person who can effectively challenge the charges brought against you.
 

Let me also remind all those allegedly involved in those terrorist crimes in Lebanon that nothing, I repeat, nothing will deflect or prevent the Tribunal from fulfilling its mission. The lofty ideals on which the Tribunal is grounded (accountability, dispensation of justice to contribute to long-term peace and reconciliation, safeguarding the rights of the victims) are solidly ingrained in our Statute and our Rules and jealously protected by the Judges. They cannot be set aside by a stroke of the pen, by mere rhetoric or even by violence.
 

The march to justice is inexorable, and one way or another we will end up with a trial. I therefore strongly appeal to the accused to take advantage of the broad legal possibilities offered by our Rules of Procedure and Evidence, thereby contributing to the establishment of truth and the conduct of fair proceedings. 

Lebanese authorities report to the STL

Leidschendam, 9 August 2011 - The Lebanese authorities have reported to the Special Tribunal for Lebanon on the measures that they have taken to search for, arrest and transfer those accused in the 14th February 2005 attack.
The Lebanese Prosecutor General submitted his report today. He stated that so far none of the four people who are accused has been detained.
The President of the STL, Judge Antonio Cassese, will now consider the report carefully and will in due course make a determination on the next steps. Lebanon's obligation under UN Security Council Resolution 1757 to arrest, detain and transfer the accused continues.
Source: STL Release