Prosecutors at Hariri tribunal oppose trial in absentia

(AFP) – 1 hour ago 

THE HAGUE — Prosecutors at the tribunal investigating the murder of former Lebanese prime minister Rafiq Hariri said Tuesday it was premature to begin a trial in absentia against the accused Hezbollah members.
Lebanon's government, closely linked to the Iran-backed Shiite militia, has so far failed to arrest Salim Ayyash, Mustafa Badreddine, Hussein Anaissi, and Assad Sabra, wanted for the February 2005 murder of Hariri and 22 others.
"It is premature to initiate a trial in abstentia", Special Tribunal for Lebanon (STL) prosecutor Daniel Bellemare said in a document published on the court's website Tuesday.
Last month, a judge asked the pre-trial chamber to determine whether proceedings in absentia against the four Hezbollah members were appropriate.
Ahead of a Friday hearing on the issue, the court asked both the prosecutors and defence lawyers to weigh in.
"Not enough time has been allowed for the Lebanese authorities to effect the arrests of the four accused", Bellemare said.
A previous Beirut government, led by Hariri's son Saad, cooperated with the tribunal, but in January Hezbollah toppled that western-backed coalition, largely over its support for the special tribunal.
Hezbollah leader Hassan Nasrallah, whose militant party is blacklisted as a terrorist group by Washington, has dismissed the STL as a US-Israeli conspiracy, vowing that no member of Hezbollah would ever be found or arrested.
"Not enough has been done to effect the arrests because the Lebanese authorities have either been unable or unwilling to do so," the prosecutor's statement further said.
The Hague-based STL, which opened its doors in 2009, is the first international tribunal which can hold trials in absentia.
It is also the first with a designated defence office responsible for protecting the rights of the accused.

Media advisory - Victims' Participation Unit calls for final applications ahead of Monday deadline

Leidschendam 28 October 2011 - The STL Victims' Participation Unit reminds victims of the 14 February 2005 attack that if they wish to participate in proceedings before the Tribunal in the Ayyash et al case, they must submit an application by Monday 31 October 2011. This deadline was set by the Pre-Trial Judge in an order of 8 September 2011.
According to the STL's rules, victims may participate in a trial, usually through a lawyer, by making submissions, submitting evidence, and questioning witnesses, subject to the approval of the judges. Victims who are unable to afford legal representation will be provided with a lawyer through the STL's legal aid policy ..
Victims wishing to apply for participation at the STL should contact the Victims' Participation Unit, which has a mandate to inform victims about their rights before the Tribunal, and to help them apply for participation.

 

 

Russian envoy says country still “backs” STL

Russian ambassador to Lebanon Alexander Zasypkin said on Thursday following a meeting with Interior Minister Marwan Charbel that Russia "still supports" the Special Tribunal for Lebanon (STL).
According to a statement issued by the Ministry of Interior, Zasypkin said that the Netherlands-based tribunal represents international legitimacy and "we want it to achieve its objectives stipulated by the UN [Security Council] Resolution [ 1757]."
The Hezbollah-led March 8 parties – which currently dominate Lebanon's cabinet – have opposed a clause in the Lebanese annual state budget pertaining to the funding of the UN-backed court, while Prime Minister Najib Mikati has repeatedly voiced Lebanon's commitment to the tribunal.
Four Hezbollah members have been indicted by the STL in the 2005 assassination of former PM Rafik Hariri. However, the Shia group strongly denied the charges and refuses to cooperate with the court
Lebanon contributes 49 percent of the STL's annual funding.
Zasypkin told reporters that the meeting touched upon the general situation in Lebanon and the region. He added that Moscow supports Lebanon's "sovereignty, independence and the safety of its people."
The Russian envoy also said "I specifically pointed out, [during the meeting], the importance of holding on to the principles of international legitimacy regarding all issues."
-NOW Lebanon
 

Media Advisory - Defence Office assigns duty counsel to ensure the rights of the accused

Leidschendam – 26 October 2011 - The Head of Defence Office assigned a primary duty counsel and a co-counsel to each of the accused, pursuant to the Trial Chamber's scheduling order of 20 October 2011. The purpose of these assignments is to ensure that the rights and interests of the accused are individually protected while the Trial Chamber considers whether to initiate in absentia proceedings.

The Head of Defence Office made the following assignments:
For Salim Jamil AYYASH: as lead counsel Mr. Eugene O'SULLIVAN, a Canadian national admitted to the Law Society of British Columbia; and as co-counsel Mr. Emile AOUN, a Lebanese national admitted to the Beirut Bar
for Mustafa Amine BADREDDINE: as lead counsel Mr. Antoine KORKMAZ, a Lebanese and French national admitted to the Paris Bar; and as co-counsel Mr. John JONES a British national admitted to the Bar of England and Wales
for Hussein Hassan ONEISSI: as lead counsel Mr. Vincent COURCELLE-LABROUSSE, a French national admitted to the Paris Bar, and as co-counsel Mr. Yasser HASSAN, an Egyptian national admitted to the Egyptian Bar
Assad Hassan SABRA: as lead counsel Mr. David YOUNG, a British national admitted to the Bar of England and Wales, and as co-counsel Dr. Guénaël METTRAUX, a Swiss national practicing before the International Criminal Court and the International Tribunal for the former Yugoslavia

The assignment of duty counsel is a temporary assignment. The eight duty counsel have been selected based on their relevant experience, skills and competences, including experience in Lebanon, terrorism cases, or international tribunals as well as their language abilities. The selection of the Lead counsel was done by the Defence Office, with no involvement from any of the four accused. The co-counsel are appointed in consultation with the Lead counsel.

Should the Trial Chamber decide to initiate in absentia proceedings, the Defence Office will be requested to assign defence counsel for the remainder of the proceedings. Should the Trial Chamber decide not to initiate in absentia proceedings, duty counsel may be withdrawn. The duty counsel shall also be withdrawn if the accused decide to participate in the proceedings, for example by designating their own counsel. The assigned counsel are paid in accordance with the Defence Legal Aid Policy.

Special Tribunal for Lebanon Media Advisory - Trial Chamber calls for submissions on in absentia proceedings

Leidschendam, 20 October 2011 - The Special Tribunal for Lebanon's Trial Chamber has issued a scheduling order, which requests written submissions relating to in absentia proceedings from the Office of 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 and each of 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 .
Since the accused have not yet appointed counsel the Trial Chamber has also asked the STL's Defence Office to file submissions.
The deadline for all written submissions is November 2nd. A public hearing will be held by the Trial Chamber at 10:00 on 11th November 2011.
Journalists will be sent details of the accrediation process for that hearing in the coming days.
The scheduling order follows 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 by the Pre Trial Judge for the Trial Chamber to make a determination whether in absentia proceedings should be initiated.
 
 

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."