Start of trial in the Ayyash case (STL-18-10) on 16 June cancelled due to lack of funds

Leidschendam, 3 June 2021 - The Special Tribunal for Lebanon (STL) Trial Chamber II issued an order cancelling the commencement of trial in the Ayyash case on 16 June 2021. It also suspended all decisions on filings presently before it, and on any future filings, until further notice.
Trial Chamber II's order was in response to the Registrar's filing on 1 June 2021, which notified the Chamber of the severe financial situation currently faced by the STL. The imminent exhaustion of funds will impact the Tribunal's ability to finance the continuation of judicial proceedings and completion of its mandate unless further contributions are forthcoming this month.
Trial Chamber II was formally seized of the Ayyash case on 21 May 2021, following the completion of the transfer of the case file to the Trial Chamber by the Pre-Trial Judge; which concluded the Pre-Trial phase.  
Considering that the Pre-Trial Judge had set 16 June as the tentative date for the start of trial proceedings, Trial Chamber II had scheduled a Pre-Trial Conference on 10 June to hear the parties and the Legal Representatives of Victims including as to the modalities of the conduct of the proceedings. The Trial Chamber II's order also cancelled this hearing on that date.
The STL continues its intensive efforts to raise the funds required to carry on its ongoing judicial proceedings and reiterates its urgent call upon the international community for its continued financial support.
Background:
The Ayyash case relates to three attacks against prominent Lebanese political figures, Mr Marwan Hamade, Mr Georges Hawi and Mr Elias El-Murr, on 1 October 2004, 21 June 2005 and 12 July 2005 respectively. They were found to be connected with the terrorist attack that killed former Lebanese Prime Minister Rafik Hariri and many others on 14 February 2005.
The Accused, Mr Salim Jamil Ayyash, is charged with five counts, including acts of terrorism.
Victims of the three attacks participate in the proceedings through their Legal Representatives, one designated for each attack.

Severe financial crisis threatens the STL’s ability to fulfil its mandate

Leidschendam, 2 June 2021 – The Special Tribunal for Lebanon (STL) regrets to announce that it is facing an unprecedented financial crisis. Without immediate funding, the Tribunal will not be able to operate beyond July 2021, which will impact its ability to fulfill its current mandate and conclude the judicial proceedings in the two cases currently before the Tribunal, the Ayyash et al. case (STL-11-01) and the Ayyash case (STL-18-10).

In filings submitted to the STL Judges, Registrar David Tolbert provided notice on the Tribunal's financial situation so that the STL President, Pre Trial Judge, Appeals Chamber and Trial Chamber II may take any steps they deem necessary in relation to the conduct of matters of which they are seized. In order to meet his obligations to administer and service the STL, he stated that he has no choice but to activate a process of separation of staff in all four organs of the Tribunal in accordance with the Staff Regulations and Rules, and to initiate draw down activities related to the protection of witnesses and securing the Tribunal's records, evidence and sensitive material.

The STL Principals also formally notified the United Nations (UN) Secretary General Antonio Gutteres of the financial situation, which will result in the Tribunal's inability to complete its work if no contributions are forthcoming prior to the end of July.

The STL heavily relies on voluntary contributions from donor countries for 51 % of its budget, while Lebanon is responsible for 49%. Given the challenging circumstances generated by the global COVID-19 pandemic and the concerning situation in Lebanon, the STL had already drastically reduced its budget by approximatively 37% for 2021 in comparison to previous years.   

In March 2021, the UN granted a subvention of 15.5 million USD covering 75% of the Lebanese contribution towards the STL's budget to support the continuation of the STL's 

UN Secretary General extends mandate of the Special Tribunal for Lebanon

Leidschendam, 25 February 2021- The United Nations Secretary General (UNSG) extended the Special Tribunal for Lebanon's (STL) mandate from 1 March 2021 for a further period of two years, or until the completion of the cases before the STL, if sooner, or until the exhaustion of available funds, if sooner. The extension is in accordance with Security Council resolution 1757 (2007).

In his statement, the UN SG reaffirmed the commitment of the United Nations to support the STL in the fight against impunity for the crimes under its jurisdiction, in order to bring those responsible to justice.

"I am grateful for the international community's continued support towards the STL's work, which serves as a strong global message that terrorist crimes will not go unpunished. Together with my colleagues at the Tribunal, I remain highly committed to fulfilling the STL's mandate in a timely manner and render justice to the victims through fair and transparent proceedings'' said STL President Judge Ivana Hrdličková.

President Hrdličková had requested the two-year extension to allow the Tribunal to progressively draw down its activities and complete the judicial work before the different Chambers.  

STL Media Advisory - Pronouncement of the Judgment in the Ayyash et al. case on 7 August 2020

Leidschendam, 10 July 2020 – The Trial Chamber of the Special Tribunal for Lebanon (STL) issued a scheduling order today for the public pronouncement of the Judgment in the Ayyash et al. case (STL-11-01) in a public session on Friday 7 August 2020 at 11.00 AM (C.E.T).

In the filing issued today, the Judges stated that the Judgment will be delivered from the courtroom with partial virtual participation.

Accreditation is required for members of the media who wish to cover the Judgment hearing. The accreditation procedure will be communicated in due course.

Due to the COVID-19 and in line with the national guidelines in the Netherlands, a limited number of members of the media will be allowed into the public gallery and the STL's media centre.

STL Registrar appoints Legal Representatives of Victims in the Ayyash Case STL-18-10

Leidschendam, 16 June 2020 - The Registrar of the Special Tribunal for Lebanon (STL) Daryl Mundis has designated three counsel to represent the victims participating in the Ayyash case relating to three attacks against Mr Marwan Hamade on 1 October 2004, Mr Georges Hawi on 21 June 2005 and Mr Elias El-Murr, on 12 July 2005.

The STL Pre-Trial Judge Daniel Fransen decided on 17 April 2020 to grant the status of Victim Participating in the Proceedings to 29 individuals. The Judge also decided to divide the participating victims into three groups, each related to one of the attacks in the Ayyash case, and ordered the Registrar to designate a legal representative for each group.

The Registrar has designated the following counsel as legal representatives:

Mr Nidal Jurdi, a Lebanese national admitted to the Tripoli Bar as Legal Representative for the participating victims in Group 1, pertaining to the attack against Mr Marwan Hamade;

Mr Antonios Abou Kasm, a Lebanese national admitted to the Beirut Bar as Legal Representative for the participating victims in Group 2, pertaining to the attack against Mr Georges Hawi;

Mr Adel Nassar, a Lebanese national admitted to the Beirut Bar as Lead Representative for the participating victims in Group 3, pertaining to the attack against Mr Elias El-Murr;

The three counsel have been selected on the basis of their relevant experience, skills and competence, including experience and expertise in relation to the rights of victims, international criminal law, and the Lebanese context. You can learn more about their background on the STL website.

These appointments were made by the Registrar in consultation with the Victims' Participation Unit (VPU). The Legal Representatives of Victims (LRVs) are chosen from the VPU's List of Counsel, upon a careful selection process that also takes into consideration the views and preferences of the participating victims.

The main role of the LRVs is to represent Victims Participating in the Proceedings before the Tribunal, presenting their views and concerns during the judicial process.

Victims of any of the three attacks in the Ayyash case, who have not yet applied to participate in the proceedings within the deadline set by the Pre-Trial Judge but intend to do so, should contact the VPU:

Telephone          +961 (0)45 38 150

WhatsApp           +31652028194

Email                    stl-victims@un.org

Judgment in the Ayyash et al. case

Given the prevailing circumstances regarding COVID-19, the STL Trial Chamber will specify the date of the public pronouncement of the Judgment in the Ayyash et al. case (STL-11-01) as soon as possible.

On 22 April, the Legal Representatives of Victims (LRV) sought clarification from the Trial Chamber regarding the date and manner of the public pronouncement of the Judgment.

On 5 March, the Trial Chamber had given notice that it will deliver its Judgment in the Ayyash et al. case in public session in mid-May 2020.

The Trial Chamber gives notice of scheduling the public pronouncement of the Judgment in the Ayyash et al. case

Leidschendam, 5 March 2020 –  The Trial Chamber of the Special Tribunal for Lebanon (STL) has given notice that it will deliver its Judgment in the Ayyash et al. case (STL-11-01) in public session in mid-May 2020.  

In the filing issued today, the Judges stated that they would specify the precise date of the public pronouncement of the Judgment as soon as possible.

Accreditation is required for members of the media who wish to cover the hearing at the seat of the Tribunal. Seating in the public gallery is not guaranteed; for this high-level event, permanently accredited journalists will also need to submit a request. 

The accreditation procedure for the Judgment hearing will be communicated in due course.

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.

STL President orders alternative service of the indictment against Salim Jamil Ayyash

Leidschendam, 24 September 2019 - The President of the Special Tribunal for Lebanon (STL), Judge Ivana Hrdličková, has ordered today that the service of the indictment  against Mr Salim Jamil Ayyash relating to the attacks against Mr Marwan Hamade, Mr Georges Hawi and Mr Elias El- Murr (Prosecutor v. Salim Jamil Ayyash, Case No. STL‑18‑10), be effected in an alternative manner, including through public advertisement.

This follows the President's finding that reasonable attempts have been made by the Lebanese authorities to effect personal service on the accused in this case, and those efforts have been unsuccessful to date.

Specifically, Judge Ivana Hrdličková orders the STL Registrar to provide a form of public advertisement to the Lebanese authorities; and the Lebanese authorities to take all reasonable steps to provide notification to the public of the existence of the indictment and call upon Mr. Ayyash to surrender to the Tribunal or in any case to submit to its jurisdiction. Additionally, the Registrar is ordered to consider other means of disseminating the indictment for this purpose, including in the media and social media. Both the Lebanese authorities and the Registrar are required to report back on the results of their efforts.

The Lebanese authorities have the continuing obligation to search for, serve, arrest and detain Mr Ayyash, and to transfer him to the seat of the Tribunal.  

If within 30 days from the start of the advertisement of the indictment the accused is not under the Tribunal's authority, the Pre-Trial Judge shall ask the Trial Chamber to initiate proceedings in absentia.

BACKGROUND NOTES:

The procedure for serving an indictment on an accused is specified in Rule 76 of the STL's Rules of Procedure and Evidence, titled "Service of Indictment". The President's order that was issued today is based on Rule 76 (E). The "procedures of public advertisement" referred to in Rule 76 (E) are further clarified in Rule 76 bis, titled "Advertisement of Indictment". The relevant Rules are copied below.

Rule 76: Service of Indictment

(A) The indictment, certified in accordance with Rule 68, shall be formally provided to the authorities of the State in whose territory the accused resides or was last known to be residing, or in whose territory or under whose jurisdiction he is believed likely to be found, in order to serve the indictment on the accused without delay.

(B) Personal service of an indictment on the accused is effected by giving the accused a copy of the indictment, together with the summons to appear or the warrant of arrest.

(C) Notwithstanding Rules 20 and 21, Lebanon or a State which has agreed to provide cooperation with the Tribunal must inform the President of the measures taken in execution of paragraphs (A) and (B) as soon as possible and no later than 30 days following the request under paragraph (A).

(D) When a summons to appear, a warrant of arrest or a transfer order relates to a person living in, or under the control of, a State other than those referred to in paragraph (C), the Registrar, after consulting with the President, shall transmit a request for cooperation, to the appropriate authorities of the relevant State, in order to serve the summons to appear, the warrant of arrest or the transfer order to the accused without delay.

(E) Where the President establishes that reasonable attempts have been made to serve the indictment, the summons to appear or the warrant of arrest to the accused, but that they have failed, he may, after consulting the Pre-Trial Judge, order the service of process to be effected in an alternative manner, including procedures of public advertisement.

Rule 76 bis: Advertisement of Indictment

In keeping with the President's order made under Rule 76 (E), a form of advertisement shall be transmitted by the Registrar to the authorities of any relevant State or entity for publication in newspapers and/or for broadcast via radio, television and/or other media, including the internet, providing notification to the public of the existence of an indictment and calling upon the accused to surrender to the Tribunal or in any case to submit to its jurisdiction. The advertisement shall invite any person with information as to the whereabouts of the accused to communicate that information to the Tribunal.

Daily Press Briefing by the Office of the Spokesperson for the Secretary-General Sep 16 2019

**Lebanon

Turning to Lebanon, the Pre-Trial Judge at the Special Tribunal for Lebanon, Daniel Fransen, today lifted the confidentiality of his decision confirming the indictment against Salim Jamil Ayyash, relating to three attacks committed in 2004 and 2005.

The confirmation of this indictment marks the opening of a new case before the Special Tribunal.

An arrest warrant was issued against Mr. Ayyash, who is charged, among other counts, with committing terrorist attacks and intentional homicide and attempted homicide.

The indictment and arrest warrant were transmitted to the Lebanese authorities.  They have the obligation to search for, arrest and transfer the accused to the Special Tribunal's custody.

Statement of Judge Ivana Hrdličková, President of the Special Tribunal for Lebanon

17
SEP 2019

Statement of Judge Ivana Hrdličková, President of the Special Tribunal for Lebanon

Leidschendam, 17 September 2019 - The President of the Special Tribunal for Lebanon, Judge Ivana Hrdličková issued a statement urging the Accused in the connected attacks to cooperate with the STL and to inform him of his rights.

Below is the full text of the statement, which is also available on the STL website.

Statement of Judge Ivana Hrdličková, President of the Special Tribunal for Lebanon,

17 September 2019

Yesterday, the Pre-Trial Judge of the Special Tribunal for Lebanon lifted the confidentiality of his decision confirming an indictment against Mr. Salim Jamil Ayyash. The indictment, dated 14 June 2019, alleges Mr. Ayyash's involvement in the 1October 2004 attack against Marwan Hamade, the 21 June 2005 attack against Georges Hawi and the 12 July 2005 attack against Elias El-Murr. A redacted version of the indictment has also been made public.

On 5 August 2011, the Pre-Trial Judge found the abovementioned attacks to be "connected" to the 14February 2005 attack which resulted in the death of former Lebanese Prime Minister Rafic Hariri and in the death and injury of other persons. As such, the Pre-Trial Judge has found these crimes fall within the Special Tribunal's jurisdiction.

As a result of his decision confirming the indictment, the Pre-Trial Judge issued an arrest warrant for Mr. Ayyash. The Special Tribunal is reliant upon the co-operation of States to execute its warrants and orders. As Mr. Ayyash is believed to reside in Lebanon, the arrest warrant was transmitted to the Lebanese authorities.

The Lebanese authorities have since notified me that they have not been able to locate Mr. Ayyash or to effect personal service of the indictment on him. As a next step, the Rules of Procedure and Evidence ("Rules") of the Special Tribunal provide that I may, in consultation with the Pre-Trial Judge, order the service of the Indictment "in an alternative manner, including procedures of public advertisement". I may issue such an order in due course, if necessary.

If these alternative procedures are unsuccessful, the Trial Chamber may be asked to consider whether to conduct proceedings in absentia.

Rights of the accused

In proceedings before the Special Tribunal, Mr. Ayyash is presumed innocent until proven guilty. While core protections to his rights are guaranteed by Article 16 of the Statute of the Special Tribunal for Lebanon ("Statute"), it is in Mr. Ayyash's best interests that he fully participates in the defence of the charges against him through duly qualified counsel.

In the event that proceedings are conducted in absentia, the Head of Defence Office will appoint independent counsel to represent Mr. Ayyash's interests in court, so as to safeguard the fairness of the proceedings. There is, however, no safeguard preferable to Mr.Ayyash's own participation in the proceedings. Mr. Ayyash is therefore urged to participate in the proceedings against him, including by nominating counsel of his own choosing. If he cannot afford a lawyer, funds will be made available by the Special Tribunal for that purpose, and for the conduct of his defence. Should Mr. Ayyash not have a lawyer, he can contact the Head of Defence Office of the Special Tribunal, who maintains a list of qualified independent lawyers that can be engaged for this purpose.

In this regard, it is important that Mr. Ayyash is aware of his procedural rights, including under Rule 104 of the Rules, which specifies that proceedings shall not be in absentia if an accused appears before the Special Tribunal in person, by video-conference, or by counsel appointed or accepted by him, and Rule 105 of the Rules, which specifies that, upon authorization of the Pre-Trial Judge or of the Trial Chamber, the accused may participate in hearings via a video-conference provided that his counsel attends the hearings in person.

In absentia procedures

Mr. Ayyash is an accused in other ongoing proceedings before the Trial Chamber of the Special Tribunal. Those proceedings relate to his alleged role in the 14 February 2005 attack which resulted in the death of former Prime Minister Rafic Hariri and in the death and injury of other persons. They are being conducted in absentia further to the Trial Chamber's decision of 1February 2012, following a considerable number of attempts to locate Mr. Ayyash, finding that he had absconded. Since then, ongoing efforts by the Lebanese authorities to locate Mr. Ayyash have been unsuccessful.

The proceedings relating to the new case, however, are distinct. As such, efforts will be made by the Special Tribunal and the Lebanese authorities to notify Mr. Ayyash of the new indictment and the warrant for his arrest, and to secure his attendance at the Special Tribunal. Article 22 of the Statute and Rule 106 of the Rules specify the circumstances in which proceedings can be conducted in absentia, if those efforts are unsuccessful.

*

In light of the above, I personally urge Mr. Ayyash to cooperate with the Special Tribunal and to exercise his rights to participate in the proceedings. Efforts to secure his attendance at the Special Tribunal will continue nonetheless.

**

This statement is directed to Mr. Ayyash, his family, friends and close associates, as well as to the wider public. Those reading this statement are encouraged to distribute it further by any means available, and urged to do all in their power to bring it to Mr. Ayyash's attention.

Confirmed indictment in the connected cases

STL Pre-Trial Judge Daniel Fransen confirmed an indictment against Mr Salim Jamil Ayyash relating to the attacks against Mr Marwan Hamadeh, Mr George Hawi and Mr Elias El-Murr.

The indictment and an arrest warrant were transmitted to the Lebanese authorities who have an obligation to search for, arrest and transfer the accused to the STL's custody. An international arrest warrant has also been issued for Mr Ayyash.

The confirmation of the indictment marks the opening of a new case before the STL.

More on the indictment and the charges against Mr Ayyash here.

Connected cases (STL-18-10)

The STL-18-10 (connected cases) relates to the three attacks against Mr Marwan Hamade, Mr George Hawi and Mr Elias El-Murr on 1 October 2004, 21 June 2005 and 12 July 2005 respectively.  The Pre-Trial Judge confirmed an indictment in this case against the Accused Mr Salim Jamil Ayyash. Mr Ayyash is charged with five counts:

• Conspiracy aimed at committing a terrorist act
• In the alternative to conspiracy aimed at committing a terrorist act, criminal association
• Committing terrorist acts
• Intentional homicide with premeditation of Messrs Ghazi Abou-Karroum, Georges Hawi and Khaled Moura)
• Attempted intentional homicide with premeditation of Messrs Elias El-Murr, Marwan Hamade and 17 other persons

The confirmation of this indictment marks the opening of a new case before the STL.  

The Pre-Trial Judge had determined that these three cases are connected to the 14 February 2005 attack, which killed former Prime Minister Rafik Hariri and many others. The STL took jurisdiction on 5 August 2011.

The Special Tribunal for Lebanon can have jurisdiction over persons responsible for attacks that took place in Lebanon between 1 October 2004 and 12 December 2005 if connectivity to the 14 February 2005 attack is determined.

 

STL Publishes Tenth Annual Report

Leidschendam, 11 March 2019 – The Special Tribunal for Lebanon submitted its tenth annual report to the United Nations Secretary-General and to the Government of Lebanon.

The annual report details the activities of the Tribunal from 1 March 2018 to 28 February 2019, its objectives for the coming year and highlights the achievements of the four organs: Chambers, Office of the Prosecutor (OTP), Defence Office and Registry.

Chambers report that the trial proceedings in the Ayyash et al. case constituted their main public judicial activities. During the reporting period, the Oneissi Defence presented their case, the Trial Chamber ordered the attendance of one witness under Rule 165 of the Rules of Procedure and Evidence and most notably the Trial hearings concluded with closing arguments being heard by the Trial Chamber between 11 and 21 September 2018. The report stresses that "the closing arguments affirmed the important and incomparable role the Tribunal plays in ensuring the perpetrators of the 14 February 2005 attack are not shielded by impunity". The Trial Chamber is now reviewing the evidence before it and deliberating as to whether the Prosecution had proven its case against the four Accused beyond reasonable doubt. It also mentions that the precise timing of the judgment will depend upon the complexity of the legal and factual issues subject to the Trial Chamber's confidential deliberations.

The Prosecutor highlights the significant achievements by his Office during this period. Following the conclusion of the evidence, the Prosecution filed a Final Trial Brief and presented its closing arguments in the Ayyash et al. case against the individuals accused of criminal responsibility for the attack against former Lebanese Prime Minister Rafik Hariri. The report also gives account of the additional achievements and progress in meeting the broader mandate of the Office of the Prosecutor, which continue far beyond the end of closing submissions; it describes the continued investigations and extensive other work, much of it behind the scenes in relation to all cases within the OTP's jurisdiction, the three connected cases, the assessment of potentially related cases as well as the preparations for potential appellate response to the judgement in the Ayyash et al. case. At the same time, the Office of the Prosecutor is prepared to move forward quickly when the updated confidential indictment is refiled.

The Defence Office reports on its continued operational, financial support as well as legal assistance to the Defence teams in the Ayyash et al. case. In line with its mandate, the Defence Office enables the Defence Counsel and their teams to effectively represent the rights and interests of the accused in ongoing proceedings. Further, The Defence Office in all its sections aims to prepare for any difficulties that might arise from the deliberation phase onwards, for the potential sentencing and appeal phases as well as possible opening of potential new cases. The report notes that on On 8 June 2018, Ms Dorothée Le Fraper du Hellen was appointed to the post of Head of Defence Office of the Tribunal by the Secretary-General of the United Nations.  Ms Le Fraper du Hellen thereby succeeded Mr François Roux, who held the post of Head of Defence Office from March 2009 to February 2018.

The Registry reports on its ongoing overarching responsibility to provide effective support to the judicial proceedings through providing efficient and customer-oriented administration of the Tribunal, raising awareness on the Tribunal's work and engaging the public, securing continued political, financial and operational support for its work, as well as ensuring a safe and secure work environment and safeguarding the welfare of staff. 
STL President Judge Ivana Hrdličková concludes that the STL's focus for the next year is on the judicial deliberations and the preparation of the judgement awaited by the victims of the 14 February 2005 attack, the Lebanese public and the wider international community.

The report is now available on the tribunal's website.

Contempt case STL-14-06 against Mr Ibrahim Al Amin closed; enforcement of sentence against Akhbar Beirut S.A.L outstanding

Leidschendam, 17 October 2018 – Mr Ibrahim Al Amin has satisfied the sentence imposed on him by the Contempt Judge Nicola Lettieri on 29 August 2016. The fine of €20,000 was received by the Registrar of the Special Tribunal for Lebanon on 14 August 2018.

As a result of these developments, Judge Lettieri has decided to lift the confidentiality of the enforcement proceedings against Mr Al Amin. The public documents are now available on the STL website.

The €6,000 fine imposed on Akhbar Beirut S.A.L remains outstanding. The Lebanese authorities have the ongoing obligation to ensure the sentence is enforced.

***

Background:

On 31 January 2014, Mr Ibrahim Mohamed Ali Al Amin and Akhbar Beirut S.A.L. were charged with contempt and obstruction of justice before the STL in relation to media reports containing information about alleged confidential STL witnesses. The charges were brought under Rule 60 bis (A) of the Rules of Procedure and Evidence, which states that the Tribunal may hold in contempt persons who knowingly and willfully interfere with its administration of justice. Mr Al Amin and Akhbar Beirut S.A.L. were each charged with one count of knowingly and willfully interfering with the administration of justice (STL-14-06).

The trial in STL-14-06 opened before the Contempt Judge Nicola Lettieri on 24 February 2016, with opening statements by the Amicus Curiae Prosecutor and the Defence. The Amicus presented his case-in-chief from 24 to 26 February and on 29 February and 1 March 2016. The Defence presented their case from 7 to 8 April. Both parties presented their closing arguments on 13 May 2016.

Contempt Judge Lettieri issued a judgment on 15 July 2016 finding both Accused guilty of one count of contempt for knowingly and willfully interfering with the administration of justice by publishing information on purported confidential witnesses in the Ayyash et al. case, thereby undermining public confidence in the Tribunal's ability to protect the confidentiality of information about, or provided by, witnesses or potential witnesses.

On 29 August 2016, Mr Al Amin was sentenced to a €20,000 fine and Akhbar Beirut to a €6,000 fine, which neither appealed. The Contempt Judge also ordered that both fines be paid in full by 30 September 2016. Mr Al Amin failed to pay his fine.

After a number of measures to enforce the sentence had been taken, in furtherance of various orders from the Contempt Judge, the full fine of €20,000 was deposited with the Registry of the Tribunal on 14 August 2018. The €6,000 fine imposed on Akhbar Beirut S.A.L. remains outstanding. The Lebanese authorities remain obligated to enforce this sentence.

For more information, click on the "Questions and Answers on the contempt cases before the Special Tribunal for Lebanon".

STL Registrar meets with Lebanese officials and attends a seminar on victims representation in Beirut

Leidschendam, Friday 28 September  2018 – Special Tribunal for Lebanon's (STL) Registrar Daryl Mundis met with Lebanese Prime Minister Saad Hariri on a working visit to Beirut this week and discussed various matters relating to the Tribunal's work.

Mr Mundis also met with Minister of Justice Salim Jreissati, Prosecutor General Samir Hammoud and members of the diplomatic community.

On 28 and 28 September, Mr Mundis attended and participated in a seminar "Representing victims before international and internationalized courts" organised by the STL in partnership with the Institute of Human Rights of the Beirut Bar Association.

The Registrar is responsible for all aspects of the Tribunal's administration including the budget, fundraising, human resources and providing security. His responsibilities also include court management, oversight of the Victims' Participation Unit, witness protection and language services.

Prosecution Highlights Hezbollah, Syrian Links to Hariri Assassination

Prosecution Highlights Hezbollah, Syrian Links to Hariri Assassination

Hanin Ghaddar

September 14, 2018

This week's closing arguments laid out the clear connections between the plotters, senior Hezbollah figures, and the Assad regime, so the international community can no longer afford to look the other way.

Thirteen years after former prime minister Rafiq Hariri was assassinated by a car bomb in Beirut, the prosecution finally submitted its closing arguments in the Special Tribunal for Lebanon earlier this week, with two important disclosures. One, there is ample evidence to corroborate the link between Hezbollah's leadership and the perpetrators of the killing, including details on their movements and communications ahead of the attack. Two, the Syrian regime was also at the core of the plot.

THE HEZBOLLAH CONNECTION

The closing arguments (released online as two PDFs, see part 1 and part 2) focused on the group's links to the four accused, Salim Jamil Ayyash, Hassan Habib Merhi, Assad Hassan Sabra, and Hussein Hassan Oneissi. According to the prosecutor, Hezbollah secretary-general Hassan Nasrallah has repeatedly acknowledged this connection, including the fact that the covert Green Network used by the defendants was in fact part of the Hezbollah security apparatus.

Telecom data was the main evidence used to prove these links, coupled with the political context of the time and the political affiliation of the accused. In all, the prosecution examined more than 3,000 pieces of evidence and 307 witness testimonies before concluding that the February 2005 attack was executed as part of a sophisticated, multifaceted mission that could only have been the product of a conspiracy.

One of the main advances the prosecution has made is in showing how Hariri's movements were under surveillance during and after his famous December 2004 visit to Nasrallah in the Beirut suburb of Haret Hreik—this despite the fact that neither Hariri nor his security team knew the location of the meeting beforehand. Yet this week's most striking revelation was the reference to Hezbollah security chief Wafiq Safa, who apparently served as the group's link with the Syrian regime. According to the prosecutor, Safa "formed part of a call flow with [senior Hezbollah military official Mustafa] Badreddine and Ayyash that immediately preceded the final preparatory activity in the early hours of the morning of the attack." And on the eve of the assassination, Safa and Badreddine's phones converged in the same area. In addition, Ayyash coordinated with Badreddine on conducting preoperational surveillance of Hariri and purchasing the Mitsubishi Canter van used to perpetrate the bombing.

THE SYRIAN CONNECTION

Rustum Ghazaleh, the head of Syrian military intelligence in Lebanon at the time, visited Haret Hreik often and was in regular touch with Safa, and the prosecution argued that this activity began under very specific circumstances: after the February 2005 Lebanese opposition meeting at the Bristol Hotel in Beirut, where participants demanded an end to Syria's military occupation. The report noted that Ghazaleh's visits and Hezbollah contacts formed part of a pattern of behavior immediately following key challenges to Syrian control in Lebanon, and immediately prior to Hariri's assassination that same month.

"When put in context with these events," the prosecution concluded, "the rationale and motivation behind the behavior of the networks becomes evident." Indeed, the motives and actions of Syrian and Hezbollah officials were intimately connected at the time, and the corresponding reaction of covert networks involved in the plot reinforces the conclusion that they were operated by a single entity, coordinated by the accused and overseen by Badreddine.

NEXT STEPS

Although the final verdict is not expected for another five to six months, the revelations in the prosecutor's closing arguments should not be taken lightly by Lebanon or the international community. If found guilty by the tribunal for killing a prime minister, Hezbollah will be regarded as a criminal organization by countries worldwide. This includes European governments, which will find it more difficult to deal with Hezbollah's "political wing" if an international court officially determines that its parent organization carried out the assassination. In fact, such a finding should finally spur them to designate Hezbollah in its entirety as a terrorist organization rather than perpetuating the untenable "wings" approach.

Likewise, international relations with Lebanon's state institutions will become highly problematic if Hezbollah remains part of the government. In 2004, UN Security Council Resolution 1559 called on Syria to withdraw its forces and cease interfering in Lebanon's internal politics. Although Damascus largely complied with that requirement, the second part of the resolution—which calls on all Lebanese and non-Lebanese militias to disband—has yet to be implemented. Other long-postponed requirements were issued in Resolution 1701, which called for border demarcation between Syria and Lebanon.

Perhaps sensing potential progress on these fronts, Nasrallah warned the tribunal and its backers not to "play with fire" in an August 27 address. Whenever Hezbollah makes such threats, decisionmakers inside and outside Lebanon tend to give the group what it wants for fear of causing local instability. There are numerous examples of this appeasement, such as the electoral law that facilitated the victory of Hezbollah's camp in this year's parliamentary elections, or the events of May 2008, when the group used its weapons against other Lebanese citizens and wound up with a national unity government and the Doha agreement.

This time, however, the charges against Hezbollah will be coming from an international entity, and foreign governments should deal with them forthrightly rather than ducking them. The United States and other countries need not be cowed by the specter of instability—on the contrary, allowing Hezbollah to get away with Hariri's murder would only agitate sectarian tensions, the true driver of instability across the region.

Specifically, Washington and European governments should be prepared to delay their acceptance of any new Lebanese government that includes Hezbollah figures, particularly in the security realm. They should also question Beirut about any perceived Hezbollah influence on these decisions. Prime Minister Saad Hariri needs strong, united international support to resist the group's intimidation. To protect Lebanese state institutions, Hezbollah must be kept at a distance, and this requires close coordination.

Finally, the revelations about Syria's role in the assassination should put an end to the notion that Bashar al-Assad can be part of his country's political future. Even if Western and Arab governments were willing to overlook his brutal actions against his own people, there must be consequences for his regime being legally implicated in the killing of a foreign political leader.

Hanin Ghaddar, a veteran Lebanese journalist and researcher, is the Friedmann Visiting Fellow at The Washington Institute.

Trial Chamber reschedules filing of final briefs and oral closing arguments in July and August 2018 in the Ayyash et al. case

Trial Chamber reschedules filing of final briefs and oral closing arguments in July and August 2018 in the Ayyash et al. case

Leidschendam, 13 June 2018 - The Trial Chamber ordered the Prosecutor and the Legal Representatives of Victims in the Ayyash et al. case to file their final trial briefs by Monday 16 July 2018 and the Defence counsel for the four Accused by 13 August 2018.

In a revised scheduling order issued yesterday, the Trial Chamber stated that it will hear oral closing arguments from the parties and participating victims in the weeks of Monday 27 August to Friday 7 September 2018.

Under Rule 147 of the STL Rules of Procedure and Evidence, following the presentation of all the evidence, the Prosecutor, the participating victims and the Defence may file final trial briefs and present closing arguments.

The presentation of the closing arguments concludes the trial in the Ayyash et al. case. The Judges will then withdraw to deliberate and will issue a Judgement in due course. A finding of guilt may be reached only when a majority of the Trial Chamber is satisfied that guilt has been proved beyond reasonable doubt (Rule 148).

Background information:

The Prosecution closed its case against the four Accused on 7 February 2018.

On 7 March 2018, the Trial Chamber dismissed an application for a judgement of acquittal, under Rule 167, made by the Defence of Mr Hussein Hassan Oneissi. No other Defence counsel made applications under this Rule.

Further, of the four Accused, only counsel for Mr Oneissi elected to present a Defence case.

In April, the Trial Chamber had initially scheduled the filing of final briefs and closing arguments for June and July, respectively, but the order was later suspended due to procedural developments.

UN Secretary-General appoints Dorothée Le Fraper du Hellen as Head of the Defence Office at the STL

Leidschendam, 18 June 2018 – The Secretary-General of the United Nations, Antonio Guterres, has appointed on 8 June Ms Dorothée Le Fraper du Hellen to the post of Head of the Defence Office at the Special Tribunal for Lebanon (STL).

Dorothée Le Fraper du Hellen, a French national, will assume her new functions in a few weeks, following a transitional period succeeding Maître François Roux who served as the Head of the Defence Office from March 2009 until February 2018.

Ms Le Fraper du Hellen has 25 years of experience in the fields of international and criminal law. From 2013 until her appointment, she was assigned to protect the interests and rights of the accused Hassan Habib Merhi at the Special Tribunal for Lebanon, where she was admitted on the list of Counsel since 2012.

Ms Dorothée Le Fraper du Hellen has been registered at the Montpellier Bar, France, since 1993. She first worked at the International Commission of Jurists in Geneva, before joining a Montpellier law firm. She has acquired an extensive experience in international criminal law namely at the International Criminal Tribunal for Rwanda (ICTR), has developed expertise in the field of human rights, and has undertaken a number of assessment missions on the state of human rights and the administration of justice in various countries throughout Europe and Africa. She has also been responsible for a number of applications before the European Court of Human Rights in Strasbourg.

Ms Dorothée Le Fraper du Hellen thanked the UN Secretary General for her nomination and quoted Silvio Pellico as an inspiration for her upcoming mission: "Whenever accusations are preferred, do not you disdain to hear a defence."

The STL President congratulated Ms Le Fraper du Hellen and said "one of the 'firsts' at the STL is the establishment of an independent Defence office. The equality of arms is an essential principal in criminal law in general and of course in international criminal law. I wish Ms Le Fraper all the best in performing her functions as the new Head of the Defence Office".

In accordance with Article 13 of the STL Statute, the United Nations Secretary-General, in consultation with the President of the Special Tribunal, appoints an independent Head of the Defence Office, who shall be responsible for the appointment of the Office staff and the drawing up of a list of Defence counsel. The Defence Office shall protect the rights of the Defence, provide support and assistance to Defence counsel and to the persons entitled to legal assistance, including, where appropriate, legal research, collection of evidence and advice.