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

Highlights: Hariri Tribunal

Fri, 29 Jul 2011
Hariri Tribunal

Deputy Spokesperson Toner (July 29): "This indictment's an important milestone, and we call on the Government of Lebanon to continue to meet its obligations under international law to support the special tribunal."

LEBANON: UN TRIBUNAL IDENTIFIES NAMES OF FOUR MEN ACCUSED OF HARIRI MURDER

New York, Jul 29 2011 3:10PM
The United Nations-backed tribunal set up to try those alleged responsible for the 2005 assassination of former Lebanese prime minister Rafiq Hariri today released the identities of the four men accused of the crime.

Daniel Fransen, a pre-trial judge with the Special Tribunal for Lebanon STL, ordered the lifting of confidentiality on the full names, aliases, photographs, biographical information and charges against the men named in an indictment last month. Parts of the indictment remain confidential.

The four people named are Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra. All Lebanese, they are charged over the massive car bombing in central Beirut on 14 February 2005 that killed Mr. Hariri and 21 others.

Mr. Ayyash, 47, and Mr. Badreddine, 50, are each charged with homicide, attempted homicide, committing a terrorist act and conspiracy to commit a terrorist act.

Mr. Oneissi, 37, and Mr. Sabra, 34, face charges of conspiracy to commit a terrorist act, and being an accomplice to homicide and to attempted homicide.

In a statement Daniel Bellemare, the STL Prosecutor, said the release of the names and biographical information "has been taken to increase the likelihood of apprehending the accused in case any of them is seen by the public."

International arrest warrants against the four men were issued on 8 July and Lebanese authorities have to report back by 11 August on the progress made in carrying out the arrest warrants.

A spokesperson for Secretary-General Ban Ki-moon said the UN chief reiterated his strong support for the STL in its efforts to uncover the truth of what happened on 14 February 2005 and to bring those responsible for justice.

"He calls on all States to support the independent judicial process, including by cooperating with the Special Tribunal in the execution of the indictment and arrest warrants," the spokesperson said.

"The Secretary-General also reiterates his expectation that the new Government of Lebanon will uphold all of Lebanon's international expectations, including its obligations to support and cooperate with the Special Tribunal."

The STL is an independent court created at the request of the Lebanese Government, with a mandate issued by the Security Council. It is based in The Hague in the Netherlands.

Pre-Trial Judge lifts confidentiality from parts of the indictment

Leidschendam, 29 July 2011 - The Pre-Trial Judge Daniel Fransen has ordered the lifting of confidentiality on the full names and aliases, biographical information, photographs and charges against the individuals named in the indictment, confirmed on 28 June.
The Prosecution alleges that the four individuals named in the indictment were involved in the 14 February 2005 attack that killed the former Lebanese Prime Minister Rafiq Hariri and others.

These are the four individuals named in the indictment: Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, Assad Hassan Sabra.

The order states that Prosecutor Daniel A. Bellemare, after consultations with the Lebanese Prosecutor General, indicated that lifting the confidentiality of this information "does not contradict Lebanese law with regard to executing arrests."  

 

According to the order, Prosecutor Bellemare stated that making the information available to the public may increase the likelihood of the accused being apprehended.

 

The remaining text of the indictment and the individual redacted versions for each accused will remain confidential at this stage. The Pre-Trial Judge said that disclosing the above information does not prejudice the rights of the accused, who are still presumed innocent.

 

The Prosecutor submitted the indictment for review to Judge Fransen, on 17 January 2011. The indictment and accompanying arrest warrants were transmitted to the Lebanese authorities on 30 June 2011.

 

The Pre-Trial Judge issued on 8 July 2011 international arrest warrants against the accused.

Judge Fransen authorised the Office of the Prosecutor to provide Interpol with the necessary information to issue a "red notice" against each accused.

 

The deadline for authorities in Lebanon to report on the progress made in carrying out the arrest warrants is on 11 August. The Lebanese authorities have an ongoing responsibility to arrest, detain, and transfer the accused.

STL Press release - The President of the Tripoli Bar Association visits the Special Tribunal for Lebanon

Leidschendam, 20 July 2011 – Mr Bassam DAYE, the President of the Bar Association of Tripoli in North Lebanon, paid a two-day official visit to the Special Tribunal for Lebanon on 18 and 19 July at the invitation of the Defence Office.

Mr DAYE held talks with the Vice-President of the Tribunal, Mr Ralph RIACHY, with the Pre-Trial Judge, Mr Daniel FRANSEN, and the Prosecutor, Mr Daniel BELLEMARE.

Following the confirmation of an indictment by the Pre-Trial Judge, the Head of Defence Office, Mr François ROUX, explained to the President of the Tripoli Bar Association the mechanisms that have been put in place to assist the future defence teams.

President DAYE also attended a hearing at the International Criminal Tribunal for the former Yugoslavia and met representatives from the International Criminal Court and the International Bar Association after visiting the Peace Palace.

At the end of his visit, Mr DAYE commented: "I am glad to have had the opportunity to put to senior Tribunal officials the questions that many Lebanese people have been asking themselves. I stressed the need to guarantee the rights of the accused in order to render justice equitably. The reception I was given has strengthened my desire to develop constructive exchanges with the actors involved in international criminal justice."

 

STL Media Advisory – Al Sayed Appeal

Leidschendam, 19 July 2011 – The Appeals Chamber has issued a decision today in the Jamil Al Sayed matter, sending back the file to the Pre-Trial Judge for further consideration.

Background:

The Appellant was detained by the Lebanese authorities for more than three and a half years as part of the investigation into the 2005 assassination of former Prime Minister Rafiq Hariri. Following the establishment of the Special Tribunal for Lebanon, and on the application of the Tribunal's Prosecutor, the Appellant was released without charge by order of the Pre-Trial Judge. He applied to the Tribunal for disclosure of documents in its possession to enable him to bring proceedings before national courts against persons allegedly responsible for false allegations against him. The Appeals Chamber previously upheld a decision of the Pre-Trial Judge that the Appellant has standing to make the application and that the Tribunal has jurisdiction to entertain it. It confirmed the existence of a generally expressed right to such disclosure and remanded the case for further consideration by the Pre-Trial Judge. The Appellant now challenges on appeal the decision of the Pre-Trial Judge that three categories of documents were exempt from disclosure, namely (1) correspondence between the Lebanese authorities and the United Nations International Independent Investigation Commission ("UNIIIC" or "Commission"); (2) internal memoranda of the UNIIIC; and (3) the notes of investigators.

COUNCIL OF THE EUROPEAN UNION, Council conclusions on Lebanon

3106th FOREIGN AFFAIRS Council meeting

Brussels, 18 July 2011

The Council adopted the following conclusions:

1. "The EU welcomes the formation of a new government in Lebanon. It expects that the new government will ensure promotion of stability, unity, sovereignty and independence of Lebanon in full respect of the constitution and the rule of law. The EU trusts that the Lebanese government will give priority to strengthening the state's authority. It encourages the new government to implement an ambitious agenda of much needed economic, social and political reforms.

2. The Council expects that the new Lebanese government will be committed to the full implementation of all relevant UNSC Resolutions, including 1559, 1680, 1701 and 1757.

3. Concerned by the absence of an explicit commitment to cooperate with the Special Tribunal for Lebanon in the Ministerial Declaration, the Council calls upon the new government to respect and fulfil all its international obligations and commitments stemming from UNSCR 1757. It reiterates EU's full support to the Special Tribunal, an independent court, established by the UNSC Resolution 1757 and following the highest judicial standards. The Council expects all parties to fully cooperate with the Tribunal. It further calls on all Lebanese actors to act constructively and continue to show restraint.

4. Bearing this in mind, the EU attaches great importance to the partnership between the European Union and Lebanon. As Lebanon achieves sustainable progress towards reforms, in particular in strengthening democracy, rule of law, inclusive economic development and reducing social inequalities, the EU is prepared to match this with increased support, as foreseen in the framework of the new European Neighbourhood Policy."