STL Media Advisory – Pre-Trial judge requests Trial Chamber to decide on proceedings in absentia

Leidschendam, 17 October 2011 - The Pre-Trial Judge has asked the Trial Chamber to determine whether proceedings in absentia should be initiated in the case of Ayyash et al.

The Tribunal's rules state that if the accused have not been arrested within 30 calendar days of the public advertisement of an indictment, then the Pre-Trial Judge can request that the Trial Chamber initiate proceedings in absentia.

According to the Pre-Trial Judge's ruling, this period of public advertisement started at the latest on 15 September 2011 when a wanted poster displaying the pictures of the accused, their personal details and the counts against them were published in major Lebanese newspapers.

The Trial Chamber will now have to determine whether the required conditions have been met in order to start the proceedings in absentia whilst preserving the rights of the accused.

 

Tribunal appoints new President

Leidschendam, 10 October 2011 - Judge Sir David Baragwanath has been unanimously elected President of the Tribunal and Presiding Judge of the Appeals Chamber, after being proposed by Vice-President Riachy and Judge Cassese.
The appointment of the new President by the Appeals Chamber follows the resignation yesterday, on health grounds, of Judge Antonio Cassese as President. Judge Cassese will continue to serve as a Judge of the Tribunal's Appeals Chamber.

"It is a privilege to succeed the highly respected jurist Antonio Cassese", said Judge Baragwanath. "We are indeed fortunate that that his wisdom and experience will continue to inform our work."

Judge Baragwanath brings nearly fifty years of legal experience to the Presidency. He has practised both as defence and as prosecution counsel. He has extensive experience in New Zealand as a High Court and Court of Appeal judge. He was also President of the New Zealand Law Commission.

"Public confidence in the Tribunal requires that we adhere strictly to the rule of law", said Judge Baragwanath. "The people of Lebanon are entitled to receive from our Tribunal the highest standards of justice delivered without fear or favour, affection or ill-will."

"Essential among its elements is the presumption of innocence, expressed in the twin rules that the onus of proof lies on the prosecution; and that proof of every element charged must be beyond reasonable doubt. I want to assure all Lebanese people that we see ourselves as your judges."

Judge Cassese said that the decision to step down as President was difficult for him personally but it was the correct choice for the Tribunal.

"For two and a half years I have endeavoured to steer the STL through difficult waters efficiently and fairly", said Judge Cassese.

"Since it is now more difficult for me to engage in the administrative work and external responsibilities required of the President, I do not feel able to provide the leadership that the Tribunal requires and deserves. However, I will stay on as a Judge of the Appeals Chamber and work hard on judicial matters."

The President of the Tribunal has a wide range of tasks, including oversight of the effective functioning of the Tribunal and the good administration of justice, as well as representing the STL in relations with States, the United Nations and other entities.

"I am confident that the new President, an outstanding Judge of high repute, will wisely guide the STL now that judicial proceedings have commenced and the Tribunal's Chambers are becoming fully operational", said Judge Cassese. "Judge Baragwanath will undoubtedly ensure the most efficient, prompt and fair conduct of the Tribunal's work."

STL Media Advisory – Appeals Chamber rules on matter of El Sayed

Leidschendam, 7 October 2011 – The Appeals Chamber ruled today that statements of certain witnesses must be provided by the ProsecutorThe individual mandated by the Statute of the Tribunal to investigate and prosecute individuals alleged to have committed crimes within the jurisdiction of the Tribunal to Mr Jamil El Sayed swiftly. The decision confirms in part an earlier ruling by the Pre Trial Judge ordering that the documents be disclosed.

With regards to the statements of other witnesses, the Appeals Chamber returned the matter to the Pre Trial Judge for further consideration. The Prosecutor must now work with the Tribunal's Victims and Witnesses Unit to ensure that the disclosureThe act of revealing the evidence held by the Defence or Prosecution to the opposing party in trial proceedings. of such statements will not present risks to any persons nor impede the Ayyash et al proceedings.

This appealAlso referred to as "appellate proceedings". A legal proceeding in which the appellant resorts to a higher Chamber or court for the purpose of obtaining a review or reversal of the lower Chamber's or court's judgment was in the context of Mr El Sayed's ongoing efforts to obtain documents in the STL Prosecutor's possession, which are necessary for him to pursue his claims before national courts against those allegedly responsible for his previous detention in Lebanon.

Deadline for victims to file applications to participate in the trial: 31 October 2011

Leidschendam, 13 September 2011 - By Order dated 8 September 2011, the Pre-Trial Judge, Daniel Fransen, ruled that victims' applications to participate in the trial relating to the attack of 14 February 2005 should, barring exceptional circumstances, be filed before 31 October 2011. This deadline for filing the participation requests is aimed in particular at allowing those persons who having been granted the status of a victimA person who has suffered physical, material or mental harm as a direct result of an attack within the Tribunal's jurisdiction participating in the proceedings, to make known "their views and concerns" from the start of the pre-trial stage of the case.
The Victims' Participation Unit of the RegistryThe Registry is one of the four organs of the STL. It is responsible for those functions which support the Court as a whole, including its management and administration. It provides administrative and operational support to the Judges, Prosecutor, and Head of the Defence Office. of the Tribunal wishes to take this opportunity to recall that the victims of the attack of 14 February 2005 who suffered physical, mental or material harm may submit a requestIn a criminal law context, this refers to a petition by a party to a case, either in writing or orally, expressing a desire for the court to have a specific request granted or action carried out to participate in the proceedings as a victim by completing the application form available on the Tribunal's website.
A Lebanese telephone line has been specially set up in order to reply to victims' questions.
To contact the Victims' Participation Unit, please call + 961 (0) 45 38 150 or e-mail stl-victims@un.org

A public service announcement by the Special Tribunal for Lebanon

Monday, 12 September 2011
Arrest warrants have been issued for four individuals involved in the 14 February 2005 attack.
The accused are Mr. Salim Jamil Ayyash, Mr. Hussein Hassan Oneissi, Mr. Assad Hassan Sabra, Mr. Mustafa Amine Badreddine (also known as Mustafa Youssef BADREDDINE, Sami ISSA or Elias Fouad SAAB)
The charges relate to various crimes including the conspiracy to kill former Prime Minister Rafik Hariri and 21 others as well as the attempted homicide of 231 persons. The full account of the charges can be found on the Tribunal's website.
The Tribunal's President, Judge Antonio Cassese, reminds the accused of their right to participate in the proceedings. By participating, the accused can fully defend themselves against the charges and evidence presented against them.
The proceedings will be conducted according to the highest international standards. The Tribunal's Judges will never convict an accused unless guilt is established beyond reasonable doubt.
The Lebanese people – and especially the victims of this attack – deserve to know the truth about what happened on 14 February 2005.
Source: STL Press Release

STL President Convenes Trial Chamber in Ayyash et al. case

Leidschendam, 8 September 2011 - The President of the Special Tribunal for Lebanon, Judge Antonio Cassese, today issued an order convening the Trial Chamber for the first time.

According to the Tribunal's rules, the Trial Chamber may meet before trial starts to engage in various matters, such as holding an initial appearance with the accusedA person who has been charged with one or more counts of criminal conduct in an indictment which has been confirmed by the Pre-Trial Judge if one is in custody, deciding whether a trial in absentia is appropriate and ruling on preliminary motions.

The judges of the Trial Chamber are Judge Robert Roth of Switzerland, the Presiding Judge of the Chamber; Judge Micheline Braidi of Lebanon; Judge David Re of Australia; Judge Janet Nosworthy of Jamaica, an alternate judge; and Judge Walid Akoum of Lebanon, an alternate judge.

According to the Tribunal's Statute and Rules, alternate Judges are present at each stage of the proceedings and may pose questions during hearings, but do not vote during deliberationsThe discussions and processes that take place after a trial or hearing and during which the judges retire and consider the arguments and evidence presented to them so as to reach a decision in the case. . Alternate judges can replace Judges of the Trial Chamber should the voting judges be unable to continue sitting.

Short biographic notes of the five judges are available on the Tribunal's website.

Pre-Trial Judge rules on connected cases

Leidschendam, 19 August 2011 – The Tribunal has established jurisdiction over three attacks relating to Marwan Hamadeh, George Hawi and Elias El-Murr.  The Pre-Trial Judge has also ordered that the Lebanese authorities provide the relevant files to the Prosecutor.
 

On 30 June 2011, Pre-Trial Judge Daniel Fransen received a request from the Office of the Prosecutor to determine whether or not these cases are connected to the attack of 14 February 2005. Judge Fransen ruled confidentially on 5 August that the Prosecutor had presented prima facie evidence that each of the three cases are connected, and are thus within the Tribunal's jurisdiction.
 

Judge Fransen has today issued three deferral orders requesting the Lebanese judiciary to comply within the next 14 working days. The Pre-Trial Judge authorises the Prosecution to share his confidential decision on the connected cases with the Lebanese authorities.

The decision on connectedness otherwise remains confidential so as not to compromise the investigation, and to protect the victims and potential witnesses.
 

According to the Tribunal's Statute, a case is connected to the 14 February 2005 attack if it is of a "similar nature and gravity" and has a number of elements in common with it, such as "the criminal intent (motive), purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators." According to Article 1 of the Statute, the Tribunal has jurisdiction over attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005 but only if their connectedness to the Hariri attack is determined by the Pre-Trial Judge.
 

While the Pre-Trial Judge's rulings do not mean that an indictment will necessarily be issued by the Prosecution, it allows them to continue investigating these cases. It is for the Prosecutor to determine whether there is sufficient evidence to support an indictment in any of these three connected cases.

ENDS