STL requests that the Lebanese authorities take further steps to advertise new accused

Beirut, 11 October 2013 – Representatives of the Special Tribunal for Lebanon delivered today posters of Hassan Habib Merhi to the Lebanese authorities for the purpose of public advertisement. Mr. Merhi is accused of being involved in the 14 February 2005 Beirut attack.

According to the Tribunal's rules, the Lebanese authorities are requested to advertise the poster in the media to notify the public and to call on the accused to surrender to the Tribunal. The information given to the Lebanese authorities includes the biographical details of Mr. Merhi along with two identifying photographs.
The STL Prosecution's case and charges against Mr. Merhi are outlined in the publicly redacted version of the indictment.
 
A high resolution of the poster can be found on the STL Flickr account.

STL Indicts Hassan Habib Merhi in 14 February 2005 Beirut attac

Leidschendam, 10 October 2013 – The Pre-Trial Judge of the Special Tribunal for Lebanon has confirmed an indictment against Hassan Habib Merhi who is accused of being involved in the 14 February 2005 Beirut attack.

The confirmed indictment and an arrest warrant were transmitted confidentially to the Lebanese authorities on 6 August so that they could search for, arrest and transfer the accused to STL custody.

The Lebanese authorities were given 30 calendar days to carry out this obligation and report back on their efforts by 5 September 2013.

On 6 September, the Lebanese Prosecutor General submitted his confidential report to the Tribunal's President, Judge Sir David Baragwanath, stating that so far the accused has not been found. Subsequently, the STL President requested additional measures be taken by the Lebanese authorities.

All of these steps have been confidential until now to allow the Lebanese authorities the best opportunity to apprehend the accused.

Under the current circumstances in Lebanon, the STL President has deemed the efforts by the Lebanese authorities to be sufficient to justify alternative means to search for the accused. As a result, the STL President has determined to initiate a 30-day public advertisement phase with the help of the Lebanese authorities to locate the accused as well as to inform him of the charges against him and of his rights, which are guaranteed under international law.

The STL President also calls on the Lebanese authorities to "reinvigorate and intensify their efforts to apprehend" the accused.
Lebanon has an ongoing obligation under United Nations Security Council Resolution 1757 to search for, arrest and transfer the accused to STL custody.

The STL Prosecution's case and charges against Mr Merhi are outlined in the publically redacted version of the indictment.

Four other individuals have been indicted by the STL for their alleged role in the 14 February 2005 attack: Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, Assad Hassan Sabra. The Pre Trial judge has set tentatively 13 January 2014 as the first day of trial for these four accused.

Prosecutor Farrell welcomes the Pre-Trial Judge’s Decisions Confirming the Indictment against Hassan Habib Merhi and Lifting confidentiality

Leidschendam, 10 October 2013 – Today, Prosecutor Norman Farrell welcomed the public announcement of the indictment against Hassan Habib Merhi for his alleged role in the 14 February 2005 attack that claimed the life of former Prime Minister of Lebanon, Rafik Hariri, as well as 21 other victims, and injured 226 people.
The Prosecutor's indictment against the accused Hassan Habib Merhi was confirmed by the Pre-Trial Judge of the Special Tribunal for Lebanon on 31 July 2013, following the request of the Prosecutor on 5 June 2013.
"The Office of the Prosecutor continues its efforts to fully investigate and prosecute those alleged to be responsible for the attack on 14 February 2005. Recognizing that all suspects are presumed innocent and have the right to a full defence, the Prosecution is working towards accountability, preparing to present reliable and credible evidence to the Trial Chamber" noted Prosecutor Farrell.
The accused, Hassan Habib Merhi, is charged with a number of crimes including the crime of conspiracy aimed at committing a terrorist act. He is alleged to have acted in a conspiracy with Mustafa Amine Badreddine, Salim Jamil Ayyash, Hussein Hassan Oneissi, and Assad Hassan Sabra in relation to the attack on 14 February 2005, all of whom have already been indicted. The accused Merhi is alleged to have coordinated the preparation of the purported claim of responsibility as part of the preparations for and in furtherance of, the attack.
The Prosecutor stated that "my Office remains committed to working at full capacity to bring perpetrators to justice and, by doing so, to achieve a just result for the victims".
The public redacted version of the indictment can be found on the STL website.
 

STL President thanks Lebanon for continued support, promises fair trial

Thu 18 Apr 2013
NNA - The President of the Special Tribunal for Lebanon Sir David Baragwanath Thursday issued the following statement at the end of his four-day trip to Lebanon:

 "I am pleased that I had the opportunity to meet and confer with a number of Lebanese officials including President Michel Suleiman, caretaker Prime Minister Najib Miqati, Prime Minister-designate Tammam Salam, Minister of Justice Shakib Qortbawi, Chief Justice Judge Jean Fahed, Prosecutor General Hatem Madi, as well as young judges and leaders of the Beirut Bar Association, including present and former Bâtonniers. 

I thanked all parties for the generous support Lebanon and they themselves have accorded the Special Tribunal for Lebanon and received assurances that the Tribunal will continue to receive their support. 

For my part, I briefed the officials on developments in the Tribunal. I reiterated that the need to postpone the tentative March 25 trial start date was to ensure that the judicial proceedings are fair. This requires that all parties have sufficient time to prepare for trial. 

I also discussed the recent anonymous publication of information which purportedly relate to alleged witnesses. The Tribunal has condemned such interferences in the proper administration of judicial proceedings. I informed Lebanese officials of our actions in this respect and in turn I received their reassurance of Lebanon's cooperation with the STL's response. 

This concerted campaign by a few to undermine the work of the Tribunal makes us more determined to fulfill our mandate. We will ensure a trial that is fair, expeditious and conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses. 

We are further determined, in the interests of Lebanon as a whole, to bring to justice those who currently seek to hide behind a cover of anonymity. We are encouraged by the continued and heartening message that the Lebanese community joins us in rejecting this affront to due process."

Madi, Hebel tackle distribution of alleged "secret witnesses" names' issue.

Fri 12 Apr 2013 - NNA - General Prosecutor, Judge Hatem Madi, met Friday noon with Special Tribunal for Lebanon (STL) Registrar, Herman von Hebel, where they took up the issue of the distribution of alleged "secret witnesses" names.

Talks also reportedly dwelt on cooperation issues between STL and the Lebanese judiciary.

"As soon as we receive the request of the International Tribunal on the distribution of the alleged secret witnesses' names, we shall carry out the full steps to uncover the side which has published these names," Madi stressed before STL Registrar.

Madi pointed out that he requested Criminal Investigation to take action, providing it with a copy move of what has been published.

Madi also affirmed that the persons whose names were published are entitled to file lawsuits against the publisher side.

Hebel, for his part, requested from Madi to take steps at the level of the Lebanese judiciary on this matter. Madi replied that the Lebanese judiciary is ready to respond to STL's official requests.

Tribunal condemns attempts to interfere with judicial process.

Leidschendam, 11 April 2013 –The Special Tribunal for Lebanon condemns in the strongest possible terms the latest attempt to interfere with the proper administration of justice by publishing a list of alleged witnesses and potentially endangering the lives of Lebanese citizens.
The list of persons that could be placed at risk by this irresponsible website is not, in fact, an accurate reflection of official court records.
The Tribunal will not comment on the Prosecution's witness list as submitted in the Pre Trial Brief as it is currently confidential by a judicial order.
Those behind the website purporting to unveil the "truth", are in grave breach of journalistic ethics and employ questionable methods such as Internet hacking.
Any attempt to knowingly and willfully interfere with the judicial process, including disclosure of confidential material or threatening, intimidating, or otherwise interfering with potential witnesses, is taken very seriously by the four organs of the Tribunal.
The Tribunal can confirm that it has requested the assistance of Lebanese authorities and others in this matter
so that appropriate measures may be taken if necessary.
While there are measures currently being undertaken by the Tribunal in response to the website that purports to name alleged witnesses, discussing those measures in public could hinder our efforts.

STL fourth annual report

Leidschendam, 8 March 2013 - The fourth annual report on the Special Tribunal for Lebanon's activities was sent this week to the UN Secretary-General and the Lebanese Prime Minister. It is now available on the Tribunal's website.

"Our aim is to help the people of Lebanon restore in full the operation of the rule of law in Lebanon, so that they and their families may enjoy the peace and tranquility that is their birthright," STL President Judge Sir David Baragwanath, noted in the report.

The President thanked the Lebanese authorities for their cooperation, but noted that "the eight years which have elapsed since the attacks of which we are seized make more urgent the task of locating and detaining" the accused.

The release of the report marks the start of the second year of the Tribunal's renewed mandate. It details the intensive preparations for trial, including Defence challenges to the Tribunal's legality, the "massive task" of disclosure of evidence, and the postponement of the tentative date for trial.

Over the past year, the Tribunal's judges heard and dismissed challenges to the STL's legality, and upheld the decision to hold a trial in absentia for the 14 February 2005 attack - the first international criminal court to allow such proceedings since the Nuremberg trials.

In July 2012, the Pre-Trial Judge set 25 March 2013 as a tentative date for the start of trial. In January 2013, the Defence teams requested that this date be vacated, for reasons including the incomplete disclosure by the Prosecutor, the size of the Prosecution's case and technical and translation issues. These matters, which could not have been foreseen when the trial date was set, compelled the Pre-Trial Judge to postpone the start date for hearing witnesses, given the "overarching requirement of fairness of trial."

The Office of the Prosecutor said it was focused on preparing for trial as well as reviewing and investigating the three cases connected to the 14 February 2005 attack that are under the Tribunal's jurisdiction.

The report notes that the Office of the Prosecutor will be ready for trial later in 2013. In addition, the Prosecution will create a new team dedicated to examining whether other assassinations can be connected to the 14 February 2005 attack.

Supported by the Defence Office, lead and co-counsel for the four accused worked to understand the Prosecution's case and to prepare their own. Defence lawyers launched preliminary motions that challenged the STL's legality, the decision to try the accused in absentia, the decision defining terrorism and the form of the indictment.

The Tribunal is also close to completing the hand-over of documents to Jamil El Sayyed, one of the four generals arrested in connection with the 14 February 2005 attack and released by the STL for lack of evidence.

"In carrying out its work... the Tribunal gives a voice to the victims of terrorist crimes and furthers the hopes of all Lebanese citizens who aspire to end the vicious circle of violence, crime and impunity that has plagued their beautiful country," the report concluded. "We are determined to show that a fair trial in a complex terrorism case is possible."

Statistics
.66 - Number of victims participating in proceedings
.120 - Decisions issued by the Pre-Trial Judge in the last year
.557 - Number of witnesses the Prosecution intends to call for trial
.457.5 - Estimated number of hours for Prosecution to present its case
.13,000 - Number of exhibits Prosecution intends to present in trial
.24,932 - Number of pages of official court documents filed
.17,000 - Number of pages of translation delivered
.55.3 million - STL's budget for 2012 in Euros
.59.9 million - STL's budget for 2013 in Euros
.Over 26 - Number of countries that have contributed to the STL
.393 - Total number of STL staff
.54 - Number of Lebanese staff members
.30,000 - Number of files disclosed to the Defence by the Prosecution
.530,000 - Number of pages disclosed to the Defence by the Prosecution

Timeline:
.12 March 2012 - Judge Daniel Nsereko and Prosecutor Norman Farrell sworn in
.16 March 2012 - STL President suspends proceedings to define the crime of "criminal association" after the Pre-Trial Judge rejected the Prosecutor's request to amend the indictment. The Prosecution had requested the addition of a count of "criminal association", a crime under Lebanese law, to the indictment.
.16 April 2012 - Pre-Trial Judge sets deadline for challenging STL's jurisdiction
.10 May 2012 - Defence lawyers for Mustafa Badreddine file a motion challenging the legality of the establishment of the STL
.16 May 2012 - Registrar appoints counsel for victims participating in the trial
.21 May 2012 - Trial Chamber schedules hearing on the STL's jurisdiction
.11 July 2012 - The Trial Chamber rejects motions by the defence counsel for the four accused to suspend or reconsider in absentia proceedings
.11 July 2012 - STL receives Lebanon's contribution to the 2012 budget
.18 July 2012 - Appeals Chamber rejects a Defence request to reconsider its decision defining the crime of terrorism
.19 July 2012 - Pre-Trial Judge sets 25 March 2013 as the tentative date for the start of trial
.30 July 2012 - Trial Chamber confirms the legality and jurisdiction of the Tribunal
.21 September 2012 - John Jones, co-counsel for Mustafa Badreddine and a dual US/UK citizen, is issued a special license to continue representing Mr Badreddine despite US sanctions
.24 October 2012 - Appeals Chamber dismisses Defence challenges to the Tribunal's legality
.1 November 2012 - Appeals Chamber unanimously dismissed challenges by the Defence asking for a review of the decision to begin an in absentia trial
.16 November 2012 - Prosecution files its pre-trial brief
.14 December 2012 - The UN Secretary General appointed Judge Ivana Hrdličková to the Appeals Chamber of the STL, replacing Judge Kjell Erik Björnberg.
.11 January 2013 - Defence counsel file pre-trial briefs
.14 January 2013 - Daryl A. Mundis is appointed Deputy Registrar.
.24 January 2013 - Defence lawyers ask Pre-Trial Judge to postpone trial date
.7 February 2013 - Prosecution files motion seeking amendments to the indictment
.21 February 2013 - Pre-Trial Judge postpones start of trial
.25 February 2013 - STL judges approve changes to the rules of the Tribunal in order to speed up proceedings