STL condemns media reports on alleged witness identities

Leidschendam, 22 January 2013 – The STL condemns the recent media reports claiming to reveal the identities of individuals who may be called to testify before the STL as witnesses.
The Tribunal denounces in the strongest possible terms any attempts at witness intimidation. Publicly identifying individuals as potential STL witnesses may endanger these individuals whether or not they are linked to the Tribunal. Given these security concerns, the STL will not confirm whether the content of the news reports is accurate or not.
Any efforts by individuals or the media to disclose confidential material or to undermine the administration of justice are taken very seriously by the STL's four organs. Persons who disclose confidential information from the STL may be in direct contravention of judicial orders and be subject to judicial proceedings for contempt.

New Deputy Registrar appointed

Leidschendam, 14 January 2013 – Daryl Mundis was appointed this week as Deputy Registrar for the Special Tribunal for Lebanon. He replaces Kaoru Okuizumi, who left the Tribunal in October.
Mr Mundis, from the United States, has extensive background in international criminal justice. He served as Chief of Prosecutions at the STL from 2009 until his appointment as Deputy Registrar.
Prior to joining the STL, he was a Senior Prosecuting Trial Attorney at the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, where he was the lead prosecutor in a number of cases involving crimes committed in Bosnia and Herzegovina, Croatia and Serbia. He also served in the Chambers of the ICTY.

Swearing-in ceremony of Judge Ivana Hrdličková

Leidschendam, 14 January 2013 - Judge Ivana Hrdličková, appointed by the United Nations Secretary General to serve on the Appeals Chamber of the Special Tribunal for Lebanon, will pronounce her solemn declaration before taking up her duties at a public hearing on Wednesday, 16 January at 4 pm.
Judge Hrdličková holds a PhD from the law faculty of Charles University in Prague and specializes in Islamic Shari'a, with a focus on human rights and Islamic finance in international and Islamic law. Since 2008, she also acts as a legal expert of the Council of Europe in matters related to human rights, money laundering and the financing of terrorism. A short biography of Judge Hrdličková is available on the Special Tribunal's website.
You are cordially invited to attend the swearing-in at a public hearing to be held in the Antonio Cassese Courtroom of the Special Tribunal.
Please, contact the STL Press Office for accreditation.
The hearings will be held in open session and can be followed on the STL website.

 

Defence counsel file Pre-Trial Briefs

STL Media Advisory
Leidschendam, 11 January 2013 – Defence counsel for the four accused filed their Pre-Trial Briefs this week, challenging the Prosecutor's allegations about the 14 February 2005 attack in Beirut.
The Defence disputes the Prosecution's account of the attack and the alleged involvement of the four accused.
Defence counsel for Assad Hassan Sabra, for example, criticised the Prosecution for what they describe as a failure to disclose documents that will be used in trial. In addition, they noted that Lebanon has not provided a substantial amount of information crucial to the Defence, rendering counsel "effectively unable to conduct meaningful investigations".
The Pre-Trial Brief filed by defence counsel for Mustafa Badreddine is available on the STL website. Defence lawyers for Salim Ayyash and Hussein Oneissi have filed their briefs confidentially. Public redacted versions may follow.
The Prosecution filed its Pre-Trial Brief, the list of witnesses it intends to call at trial, and the list of exhibits it intends to offer into evidence on 15 November 2012.

Prosecution Files Pre-Trial Brief

Leidschendam, 16 November 2012 – The Prosecution at the Special Tribunal for Lebanon filed yesterday its Pre-Trial Brief, the list of witnesses it intends to call at trial, and the list of exhibits it intends to offer into evidence.
The filing is in accordance with a deadline set by the Pre-Trial Judge as part of the preparation for trial.
The Prosecution's 58-page Pre-Trial Brief elaborates on the allegations and charges in the Indictment. It includes, for each count charged in the Indictment, a summary of the evidence which the Prosecution intends to bring regarding the commission of the alleged crime and the form of responsibility incurred by the accused.
The Pre-Trial Brief and associated documents were all filed on a confidential basis. The list of Witnesses and list of Exhibits will remain fully confidential, unless the judges decide otherwise.
A public redacted version of the Pre-Trial Brief will be available soon.
 

Appeals Chamber dismisses in absentia appeals

Leidschendam, 1 November 2012 - The Appeals Chamber unanimously dismissed challenges by the Defence asking for a review of the decision to begin an in absentia trial against the four men accused in the 14 February 2005 attack.
 
The Trial Chamber decided in February to try the four accused – Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra –in their absence after they failed to appear before the Tribunal.
 
Upon being appointed, lawyers for the four accused asked the Trial Chamber to reconsider its ruling, but the judges denied the request. Defence counsel appealed that decision.
 
The Trial Chamber's judges considered the efforts by the Lebanese authorities to find the accused and inform them of the proceedings against them, as well as the massive publicity that the indictment and the identities of the accused received in Lebanon. The Chamber found that under the circumstances, it was inconceivable that the Accused were unaware of the indictment against them and that everything was done to notify them.
 
In a decision published today, the Appeals judges confirmed the Trial Chamber's finding that the accused had knowledge of the charges and proceedings against them.
 
Trials in absentia are permissible under Lebanese law and are a measure of last resort to ensure that those who abscond do not delay the course of justice. The STL is the only international court since the Nuremberg tribunal to allow for trials in absentia, because it applies Lebanese law as well as international law.
 
The Tribunal will continue to prepare for trial in the Ayyash et al case. Pre-Trial Judge Daniel Fransen set 25 March 2013 as the tentative start date for trial.

Appeals Chamber rules on legality

Leidschendam, 24 October 2012 – The Appeals Chamber of the Special Tribunal for Lebanon has unanimously dismissed Defence challenges to the Tribunal's legality.

Defence counsel had challenged, before the Trial Chamber, the legality of the Tribunal arguing that it violates Lebanese sovereignty, that the Tribunal has selective jurisdiction and no authority to try the Accused.

On 27 July, the Trial Chamber dismissed the Defence motions noting that the Tribunal was created by Security Council Resolution 1757 and the Trial Chamber did not have the authority to review this Resolution. It rejected all Defence challenges. The decision was appealed by counsel for three of the four Accused.

Four of the five Appeals Chamber judges agreed in their decision, issued today, that they lacked the authority to review a Security Council Resolution. However, in a separate opinion, Judge David Baragwanath expressed the view that the STL, as a court of law, must exercise a limited authority to review certain aspects of Security Council resolutions. He nonetheless concluded that the Defence Counsel have failed to establish that the Security Council acted beyond its authority and joined the other judges in dismissing the appeals.

Defence Counsel have argued in both Chambers that while the 14 February 2005 attack was tragic, it did not constitute a threat to international peace and security, which was the prerequisite for the Security Council's intervention to establish the STL.

The Appeals Chamber "considers that the Security Council has a broad discretion as to the characterization of a particular situation as a threat to peace and security and that the Tribunal cannot judicially review the Security Council's actions," the summary of the decision reads.

The judges of the Appeals Chamber also noted that once the Security Council identified the existence of a threat to peace and security under its Charter, it had discretion to determine which measures are required to maintain or restore international peace and security, in this case, the creation of a Tribunal.