United States Welcomes the Funding of the Special Tribunal for Lebanon

Press Statement

Mark C. Toner
Deputy Spokesperson, Office of the Spokesperson

Washington, DC

November 30, 2011

The United States welcomes the announcement by Prime Minister Mikati that he has ordered the transfer of Lebanon's financial commitment to the Special Tribunal for Lebanon. The Special Tribunal's work represents a chance for Lebanon to move beyond its long history of impunity for political violence. The Lebanese authorities' support for, and cooperation with, the work of the Special Tribunal for Lebanon is a critical international commitment.

 

FCO welcomes Lebanon's announcement to uphold its duties to the Special Tribunal for Lebanon

30 November 2011

Lebanese Prime Minister Najib Miqati has announced that his government will honour its international commitments to pay its dues to the United Nations Special Tribunal.

Commenting on the announcement, a Foreign Office spokesperson said:

"We welcome Lebanese Prime Minister Najib Miqati's announcement this morning that his government will honour its international commitments to pay its share of the United Nations Special Tribunal.

"The United Kingdom remains a strong supporter of the Special Tribunal and of a stable, independent and peaceful Lebanon."

Mikati: Government paid its portion of STL

NNA - 30/11/2011 Lebanese Premier announced Wednesday that the government has paid, early this morning, its portion of funding to the Special Tribunal for Lebanon, the UN-backed court probing the assassination of Rafic Hariri.

Trial Chamber awaits further info from Lebanese authorities

Leidschendam, 23 November 2011 – The Trial Chamber has decided today to await a response from the Lebanese authorities on their efforts to arrest the accused before deciding whether to begin proceedings in absentia.

The Trial Chamber has requested the Tribunal's Prosecutor to file a progress report by 8 December on the response of the Lebanese authorities.

The judges of the Trial Chamber are responsible for deciding whether to try the accused in their absence, given that none of the four indicted men has yet been arrested.

During a hearing held on 11 November, the Prosecution argued that the Lebanese authorities should do more to locate and arrest the accused before the Tribunal could try them in absentia. On 11 November the Prosecution sent 10 requests for assistance to the Lebanese Prosecutor General asking him to take additional steps.

The Tribunal's Defence Office asked the Trial Chamber to consider withdrawing the arrest warrants and notifying the accused of the possibility of appearing at trial by video-conference.

The Trial Chamber decided that the four accused should be formally notified of their rights to attend the trial.

When the Trial Chamber has the responses from the Lebanese authorities it will then decide whether it should invite Lebanese officials to provide additional information.

President of the STL visits Lebanon

Leidschendam, 21 November 2011
The President of the Special Tribunal for Lebanon, Judge Sir David Baragwanath, will be visiting Lebanon this week for the first time. He is accompanied by the Vice-President of the Tribunal, Judge Ralph Riachy.

During the visit President Baragwanath will meet Lebanon's President and other Lebanese authorities who work with the Tribunal as well as agencies and members of the academic and legal community.

"I am honoured to visit a country of such great cultural and legal traditions", said Judge Baragwanath. "The Tribunal's judges consider themselves not just international judges, but also judges of Lebanon, applying the criminal law of Lebanon and respectful of its sovereignty and its people. I am determined that the work of the Tribunal be fair and expeditious, with full respect of the rights of the accused and the interests of the victims."

STL Media Advisory - Trial Chamber hearing on in absentia proceedings

The Trial Chamber will hold its first session on 11 November 2011 to hear arguments from the Prosecution and the Defence Office about initiating in absentia proceedings.

The Trial Chamber will make a decision in due course based on the following:

• The oral submissions at the hearing on 11th November

• The written submissions that were filed by the Prosecution and defence Office on 2 November

• The filings from the Pre Trial judge

What are trials in absentia?

A trial in absentia is a trial that takes place without the accused being present or in the custody of the tribunal. This has not happened in other contemporary international courts. The rationale is clear. Justice must not be stopped by an accused or a state which refuses to hand an accused over.

The STL can conduct proceedings in the absence of the accused in these circumstances:

• If they have waived their right to be present at trial

• If they have not been handed over to the tribunal by the State authorities concerned within a reasonable time

• If they escaped or cannot be found and all reasonable steps have been taken to secure their appearance before the tribunal and to inform them of the charges.

What steps have to be taken before trials in absentia?

The Pre-Trial Judge asked the Trial Chamber on 17 October 2011 to determine whether proceedings in absentia should be initiated in the case of Ayyash et al.

The Trial Chamber will now determine whether there is an intention on the part of the accused to avoid trial.

The Trial Chamber will also assess if the accused have been served with the indictment or if they have been given notice of the charges against them through publication in the media or by the communication of the charges to the State where they are residents/nationals.

If these requirements have been met and after considering the arguments of the Prosecutor and the Defence Office, the Trial Chamber will decide whether or not to initiate in absentia proceedings.

How are the rights of the accused safeguarded in proceedings in absentia?

If the accused are being tried in absentia, all of the rules to ensure a fair trial will still apply. An accused has the right to designate a defence counsel of their own choosing. The legal fees will be paid for by the accused or by the STL if the accused is found to have insufficient funds.

The accused have the right to request a new trial at any stage during an in absentia trial.

If the accused appear after an in absentia conviction, once the trial is completely finalised the accused can:

• Accept the conviction or sentence,

• Request a retrial,

• Accept the conviction but request a new hearing in respect of the sentence.

Timeline of judicial events at the STL

17 January – The Prosecutor submits an indictment for review to the Pre-Trial Judge.

28 June – The Pre-Trial Judge confirms the indictment and orders that it remain confidential.

30 June – The indictment is served on the Lebanese authorities, who are given 30 days to report on their efforts to search for, arrest and transfer the accused.

29 July – The Pre-Trial Judge ordered the partial unsealing the indictment revealing the identity of the accused and the charges against them.

17 August – Indictment and the decision confirming it unsealed.

18 August – STL President orders public advertisement of the indictment and calls for intensification of efforts to detain those accused

19 August – The Tribunal establishes jurisdiction over three connected cases including the attacks against Marwan Hamadeh, George Hawi and Elias El-Murr.

8 September – STL President Convenes Trial Chamber in Ayyash et al. case

17 October – Pre-Trial judge requests Trial Chamber to decide on proceedings in absentia

20 October – Trial Chamber calls for submissions on in absentia proceedings

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.