STL Media Advisory - What follows a confirmed indictment?

A confirmed indictment

The confirmation of an indictment does not mean that the person(s) named in the indictment is/are guilty of the crimes of which they are accused. It simply confirms that the case put forward by the Prosecutor has met the burden of proof required at this stage of the process - prima facie evidence. In simple terms this means that if this evidence were presented uncontested at the trial, it would lead to a conviction.

The accused is innocent until proven guilty.

Trials at the STL
 

One of the great strengths of international tribunals is judicial independence. Trials at the STL will in principle be heard in public before highly experienced and independent judges.  

The trials will be evidence-based and the prosecution must prove, beyond reasonable doubt, that an accused committed the crimes he/she are charged with. If an accused person does not have sufficient funds to pay for his/her legal representation, defence lawyers may be paid for by the tribunal.

Arrest warrant

The Pre-Trial Judge, Daniel Fransen, has issued arrest warrant(s) against the person(s) who are accused of the crime(s) set out in the indictment. This is in response to a request by the Prosecutor. There are several reasons for issuing arrest warrant(s), including:

•    ensuring the appearance of an accused at the tribunal

•    making sure that an accused person does not threaten the continuing investigations or court proceedings

•    preventing an accused person from committing a similar crime to that of which he is accused.

The Registrar has submitted the warrant(s) of arrest to the Lebanese authorities. This request may also be sent to relevant international authorities including INTERPOL.

The Lebanese authorities must inform the President of the STL within 30 days after the confirmation of the indictment of the measures the state has taken to arrest the person(s) named in the indictment.

If after these 30 days no individual(s) is/are arrested and if the STL President considers that reasonable attempts to serve the indictment have been made, he may order a public advertisement after consulting the Pre-Trial Judge. The Registrar would then send an advertisement calling on the accused to surrender to the Lebanese authorities for publication in the media.

Initial appearance

When an accused is arrested the Lebanese authorities with the assistance of the STL Registrar, will arrange the transfer of the individual to the detention facilities of the tribunal. He will then make an initial appearance in the STL courtroom to be formally charged. The judges will ensure that:

•    the right of the accused to legal representation is respected

•    the indictment has been read to the accused in a language he understands and that he understands the charges against him

•    the accused has been informed that in this initial appearance he can plead guilty or not guilty to one or more counts. If he does not plea at this initial appearance he will be called upon to enter a plea of guilty or not guilty within seven days

•    if the accused fails to enter a plea, the judge will decide whether to enter a plea of not guilty on the accused's behalf

If the accused does not have the money to pay for a lawyer, the Head of the Defence Office will assign counsel to him, for which the tribunal will pay. Equally, if the accused has not chosen a lawyer yet, the Head of the Defence Office may assign him a duty counsel to represent him at the initial appearance.

Proceedings in absentia

The STL has the power to hold trials in absentia (trials that take place without the accused being present). However, the presence of an accused person in the STL courtroom is the best option for all, especially for the accused who will be given the opportunity to present his defence.

If the accused has not been arrested within 30 calendar days of the public advertisements the Pre-Trial Judge can ask the Trial Chamber to initiate in absentia proceedings. The Trial Chamber will then determine whether the accused is trying to avoid trial or if the accused is unable to attend. (See Rule 106 of STL Rules of Procedure and Evidence)

To ensure that a trial in absentia is fair and just many safeguards are included in the STL's rules. The accused would be represented by a counsel appointed by the Head of the Defence Office. If the accused decides to present himself to the tribunal during trial proceedings or at any time after sentencing, he may request a new trial.

Disclosure and preparation for trial

Once these steps have taken place, whether or not the accused has surrendered to the tribunal, has been arrested or has not been found, the Prosecutor has to disclose to the defence copies of the supporting material accompanying the indictment. He will also provide the defence with the statements of all witnesses whom the Prosecutor intends to call to testify at the trial.
 

At this stage, the Prosecutor can apply to the Trial Chamber to prevent the disclosure of certain information if:

•    it may prejudice ongoing or future investigations

•    it may cause a risk to the security of witnesses or their families

•    it may be contrary to the public interest or the rights of third parties

Preliminary motions
 

Before the Pre-Trial Judge hands the case file to the Trial Chamber any preliminary motions will be considered. These motions can challenge the jurisdiction of the tribunal, claim defects in the form of the indictment, seek the severance of some counts of the indictment, seek separate trials, or raise objections based on the refusal of a request for the assignment of counsel.

These motions must be presented in writing not later than 30 days after the disclosure of the supporting material to the defence.

Then, the Pre-Trial Judge will implement a working plan and set a tentative date for the start of the proceedings at least four months in advance of trial.

Victims
 

One of the most striking legal features at the STL is the possibility for victims to participate in the proceedings. Participating victims before the STL are not private claimants and they do not have the right to seek compensation from the tribunal. However, the victims could eventually file for damages before a national court on the basis of a judgment by the Tribunal.
 

Due to the potential impact of victims' participation on proceedings, victims who wish to take part in proceedings must be screened beforehand by the
Pre-Trial Judge. He may:

•    exclude persons whose status as a victim is doubtful

•    limit the number of victims who may participate in proceedings

•    designate one legal representative to act on behalf of multiple victims.

These features are designed to ensure an effective right for victims to take part in the proceedings, whilst at the same time protecting the rights of the accused.

Confirmed indictment submitted to the Lebanese authorities

Leidschendam 30 june 2011 - The Pre-Trial Judge, Daniel Fransen, confirmed an indictment relating to the assassination of Rafiq Hariri and others on 28 June 2011. The indictment and accompanying arrest warrant(s) were transmitted to the Lebanese authorities on 30 June 2011. This announcement follows a declaration by the Lebanese authorities that they have received a confirmed indictment.

 

The confirmation of the indictment means that Judge Fransen is satisfied that there is prima facie evidence for this case to proceed to trial.  This is not a verdict of guilt and any accused person is presumed innocent unless his or her guilt is established at trial.

 

At this time, the STL has no comment on the identity or identities of the person or persons named in the indictment. Indeed, Judge Fransen has ruled that the indictment shall remain confidential in order to assist the Lebanese authorities in fulfilling their obligations to arrest the accused.

 

UN Security Council Resolution 1757 and the provisions of its annexes are clear on the steps that must be taken by the Lebanese authorities. These include the service of the indictment on the accused person or persons, their arrest and detention, as well as their transfer to the STL. 

 

Under the STL's Rules of Procedure and Evidence, the Lebanese authorities have  to report to the STL on the measures that they have taken to arrest the accused, at least within 30 days of the submission of the indictment.

 

The Prosecutor of the STL submitted an indictment, for review by Judge Fransen, on 17^th January 2011 and subsequently amended it three times – on 11^th March, 6^th May and 10^th June 2011 (the latter at the request of the Pre-Trial Judge).

STL Press Release: Lawyers workshop

Leidschendam, 23 June 2011 - On 16 June 2011 the Tripoli Bar was host to a workshop organised by the Defence Office and the Victims' Participation Unit of the Registry of the Special Tribunal for Lebanon, in collaboration with the North Lebanon and the Beirut Bar Associations.

This occasion marked the start of a roundtable that will continue in Beirut and Leidschendam and will cover all aspects of the judicial activities of the Tribunal.

Around twenty lawyers took part in in-depth exchanges with professionals from the Tribunal on the initial steps to be taken by the defence and the victims should the indictment be confirmed by the Pre-Trial Judge.

 

Defence Office

STL Media Advisory - Lebanon’s first international criminal justice conference

Beirut 30th May 2011 - Several representatives of the STL have participated in a major conference on international criminal justice in Beirut.  The three-day event was organised by two Lebanese NGOs – the Scientific Association for the Dissemination of Legal Culture in the Arab World and Justice without Frontiers – in cooperation with the STL Outreach section.

Nearly 200 people attended the conference, which placed the work of the Special Tribunal for Lebanon in the context of international justice.  There were discussions on many topics including the establishment and mandate of international judicial institutions, their jurisdiction, the complexity of international investigations and prosecutions, the protection of witnesses, the rights of the accused, the participation of victims, cooperation of states, as well as the impact of the judicial institutions on the communities affected by their work.

The conference concluded with discussions on the most recent legal developments in the Middle East and North Africa.   The participants expressed their commitment to the force of law as opposed to the law of force, which they considered essential to the achievement of international peace and security and a guarantee of the respect of human rights. The participants also highlighted the necessity of empowering international criminal justice mechanisms so that they may contribute to a peaceful coexistence among nations.

The organizers unanimously adopted three recommendations. The first called on Arab countries to join the ICC, the second called upon the civil society in the Arab world to disseminate the culture of human rights, and the third called upon legal professionals and academics to engage with and contribute to international criminal justice.
The was the first event of its kind in Lebanon and brought together officials and experts from several courts including the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the STL. 

Also present were legal experts from many Arab countries including Lebanon, Qatar, Oman, Sudan, Bahrain, Tunisia, Morocco, Kuwait, Algeria and Egypt.
 
ENDS

Judge Antonio Cassese, has issued a scheduling order setting the dates for submissions in the appeal by Jamil El Sayed

Leidschendam 25^th May 2011 - The President of the STL, Judge Antonio Cassese, has issued a scheduling order setting the dates for submissions in the appeal by Jamil El Sayed filed on 23 May 2011. 

 

Mr. El Sayed has appealed the Pre-Trial Judge's order, released on 13 May 2011, which required the Prosecutor to disclose some but not all of the investigatory documents sought by Mr. El Sayed in relation to his detention by the Lebanese authorities.

 

The Prosecutor will have until 10 June 2011 to respond to the appeal, and Mr. El Sayed will have until 22 June 2011 to file a reply.

Source: STL Media Advisory

STL-Media Advisory : Timeline Jamil El Sayed, May 12 2011

** El Sayed's Release

 

29 April 2009: Special Tribunal Lebanon Pre-Trial Judge Daniel Fransen orders the release of Jamil Mohamad Amin El Sayed, Ali Salah El Dine El Hajj, Raymond Fouad Azar and Mostafa Fehmi Hamdan.

·         Read the media advisory.

·         Read the OTP press release.

 

*** Mr El Sayed's Application

 

17 March 2010: Mr El Sayed, represented by his counsel Akram Azoury, submitted an application before the President of the STL that was filed confidentially with the Registry of the Tribunal, requesting "evidentiary material related to the crimes of libelous denunciations and arbitrary detention".

 

15 April 2010: The President of the Special Tribunal, Judge Antonio Cassese,issued an order assigning the matter to the Pre-Trial Judge. Pursuant to the President's Order, "the Applicant was granted standing to submit filings in this matter and according to the relevant rules and procedures".

 

21 April 2010: the Pre-Trial Judge issued a "Scheduling Order For Determination Of The Application Of Mr. El Sayed", in which the procedure to rule on Mr. El Sayed Application was spelled out. The Order set the dates for submissions of arguments and responses by Mr. El Sayed and the Office of the Prosecutor and laid out the possibility that the Pre-Trial Judge order a public hearing.

 

25 June 2010: The Pre-Trial Judge issued a scheduling order for a public hearing on the request of Mr El Sayed for access to certain documents allegedly in the possession of the Tribunal.

 

13 July 2010: A public hearing was held at the request of Mr. El Sayed to determine if the Tribunal has jurisdiction over this matter. During the hearing, the Applicant and the Prosecutor put forward their arguments and the Head of the Defence Office also provided his views.

View pictures of the hearing.

 

17 September 2010: The Pre-Trial Judge issued an Order, in which he found that the Tribunal had jurisdiction over this matter, and that Mr El Sayed had standing before the Tribunal. The Pre-Trial Judge ruled that the right of access to a criminal file is not absolute and can be subject to limitations. On 29 September the Prosecutor lodged an appeal against the Pre-Trial Judge's Order.

·         Read the media advisory regarding the Pre-Trial Judge's Order.

 

1 October 2010 : The President of the Tribunal issued a scheduling order requesting the UN to submit an amicus curiae brief. Mr. El Sayed appealed the scheduling order and requested the disqualification of Judges Ralph Riachy and Afif Chamseddine from considering both appeals. On 10 November 2010, President Cassese issued two decisions (CH/PRES/2010/09, CH/PRES/2010/08) in which he rejected Mr El Sayed's motions to disqualify both judges. President Cassese determined that Judges Ralph Riachy and Afif Chamseddine have no personal interest in, or association with, Mr El Sayed's application that could affect or appear to affect their impartiality.

·         Read the media advisory.

 

10 November 2010: The Appeals Chamber dismissed the Prosecution's appeal, confirmed the Pre-Trial Judge's order on jurisdiction and standing and referred the case again to the Pre-Trial Judge.

·         Read the media advisory regarding the Appeals Chamber's decision.

 

7 January 2011: The Pre-Trial Judge issued a Scheduling Order to hold a public hearing in the case of Mr El Sayed. The Scheduling Order included a list of clarification questions to be addressed by both him and the Prosecutor during the hearing. Judge Fransen ordered this hearing in the interests of justice, taking into account the special circumstances of Mr. El Sayed's case and the importance of the issues it raised.

 

14 January 2011: A public hearing was held to allow Mr El Sayed and the Prosecutor to respond orally to the questions raised in the Order of 7 January 2011, and finalize their submissions to the Pre-Trial Judge.

 

Mr. El Sayed and the Prosecutor further addressed the specific issue of a possible ex parte hearing before the Pre-Trial Judge, during which the Prosecutor could confidentially identify those documents in his possession, that could be disclosed to Mr El Sayed or his Counsel, and give concrete reasons why other documents would not be disclosable.

·         Read the media advisory.

 

19 April 2011: The Pre-Trial Judge held a confidential and ex parte hearing relating to the request by MrEl Sayed to obtain access to documents allegedly in the possession of the Prosecutor that relate to his file. The purpose of the hearing was for the Pre-Trial Judge to examine the documents in the possession of the Prosecutor potentially relevant to Mr El Sayed and determine which of them the Prosecutor should disclose to Mr El Sayed, and in what form such disclosure is to take place..

·         Read the media advisory

Source: STL Release

Ambassador Connelly Visits PM-designate Najib Mikati

On May 12, U.S. Ambassador to Lebanon Maura Connelly met with Prime Minister-designate Najib Mikati and discussed with him the U.S. administration's developing view on the dramatic events that have occurred and continue to occur in the region.  Ambassador Connelly expressed the U.S. government's view that the governments of the region ought to listen to their people, refrain from violence, and engage in political dialogue in order to insure that the legitimate changes and reforms they demand can begin to be implemented.
The United States views that the international community will assess its relationship with any new government of Lebanon based on the make-up of the next cabinet, its Ministerial Statement and the actions it takes in regard to the Special Tribunal for Lebanon and Lebanon's other international obligations.  The U.S. hopes that the government formation process will be protected from outside influence.  The U.S. continues its support for Lebanon's sovereignty, stability, and prosperity, and calls on the next Lebanese government to provide stability and promote justice for the people of Lebanon by honoring its international agreements. A government that is truly representative of the interests of the people of Lebanon will continue to support and sustain the Special Tribunal for Lebanon.
Source: US.Beirut Embassy Release