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

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.