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

Hague underlines UK support for stability in Lebanon

21 Feb 2013
NNA - The British Foreign Secretary William Hague in Lebanon today met top leaders, outlined refugee aid, and pledged £1m to the Special Tribunal for Lebanon.
Excerpts:
The Foreign Secretary said:
"I am also pleased to announce that the UK will be contributing a further £1m ($1.58M) to the Special Tribunal for Lebanon in 2013. This takes our total contribution to £4.3M, and underlines our support for the tribunal, which is working to end impunity for political assassinations in Lebanon. The UK is committed to supporting the search for justice within Lebanon."

PreTrial Judge postpones trial date

Thu 21 Feb 2013

NNA - Pre-Trial Judge Daniel Fransen has postponed the start of trial in the case of Ayyash et al., in a decision issued today, a statement by the Media Advisory of the Special Tribunal for Lebanon indicated on Thursday.
A new tentative date will soon be set by Judge Fransen, to replace 25 March 2013 as a provisional date for the start of trial. Judge Fransen has asked for submissions from the Prosecution, Defence Counsel and Victims' Representatives by 8 March on their preparedness for trial, after which he will set the new date.
The decision is in response to the Defence Counsel for the four accused in the 14 February 2005 attack asking the Pre-Trial Judge to postpone the trial date.
The Pre-Trial Judge found that certain disclosure obligations had not been met, which the Prosecution recognized. He found that the Prosecution has not yet disclosed the entirety of the material to the Defence, and that the Defence has not yet been able to access certain material disclosed by the Prosecution due to technical issues. In reaching his decision, the Pre-Trial Judge also took note of the ongoing cooperation requests by the Defence made to the Lebanese authorities. Judge Fransen wrote in his decision that all of these issues could not have been foreseen when he set the tentative trial date in July 2012 and also noted the volume of evidence.
Judge Fransen found all these facts to justify the Defence's request to postpone the trial date, which would otherwise not allow Defence Counsel adequate time to prepare for trial and would be in violation of the most basic right of the accused and the principle of fair trial. He further stressed that all participants must adhere to and respect set deadlines.

STL Media Advisory: Herman von Hebel to visit Lebanon this week

NNA - The STL Registrar, Herman von Hebel, will visit Lebanon this week on an official visit.
During his stay, the Registrar will meet with the Prime Minister and other Lebanese officials.
The Registrar will also meet with various representatives of the diplomatic community in Lebanon and will meet with the STL staff in Beirut.
The Registrar is responsible for all aspects of the Tribunal's administration including the budget, fundraising, relations with states and court management. His responsibilities also include oversight of the victim participation unit, witness protection and detention facilities.

STL defense pushes for trial delay, seeks more cooperation

January 28, 2013
Willow Osgood

The Daily Star

BEIRUT: The defense attorneys at the Special Tribunal for Lebanon are requesting to delay the trial of the men indicted in the 2005 assassination of former Prime Minister Rafik Hariri, describing the current start date as "both unrealistic and unreasonable."
In a motion filed to the court two months before the trial is set to begin on March 25, the attorneys said their request for more time is a result of the prosecution's failure to disclose all relevant documents, as well as the volume and disorganization of the evidence that the defense has received.
"The prosecutor has served [the defense with] some 86,236 documents, 92 percent of which have been served since 13 November 2012," the attorneys said in their motion. "The total volume of documentation served, according to the prosecutor, amounts to approximately 469,000 pages."
The attorneys, who were appointed last February to represent Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra, also cited "continuing non-cooperation of the relevant Lebanese authorities ... and the absence of the accused."
They argued that requests for information have been met with "no cooperation or assistance from Lebanon," making it impossible for them to conduct their own investigations.
As the four members of Hezbollah indicted by the court remain at large – attorneys are not allowed any contact with them – the proceeding are expected to be held in absentia.
Hezbollah chief Sayyed Hasan Nasrallah has long denied the party's involvement in the attack that killed Hariri and 21 others, vilifying the STL as an Israeli-American project designed to discredit Hezbollah and sow strife in Lebanese society.
The defense attorneys said that they were unable to propose an alternative date to begin the proceedings without knowing when the prosecution would hand over the remaining evidence, or when authorities would address the defense's requests for cooperation:
"The right of each accused to have adequate time to prepare a defense is being breached and each accused will require considerably more time to prepare his defense once issues of disclosure, cooperation and technical problems are fully resolved."
Last summer, the prosecution said it would be ready for trial at the end of 2012, while the defense attorneys said they would not be prepared until the end of 2013.
Pretrial Judge Daniel Fransen, who last summer set the tentative trial start date of March 25, will hold a public hearing Wednesday to assess the readiness of both sides.
Many analysts had anticipated that trial would be moved back, predicting the defense or the prosecution, whose case is set to include some 557 witnesses and over 13,000 exhibits, would seek additional time.
The move to push back the start date comes after the defense teams made repeated appeals to the prosecution to disclose all necessary information.
Many of the arguments made in the motion were previewed in the defense pretrial briefs filed earlier in the month, when some of the attorneys had argued that the prosecution's pace in turning over documents had left the defense without sufficient time to prepare for the trial.

Pre-Trial Judge to hold Status Conference

Leidschendam, 25 January 2013 – The Pre-Trial Judge will hold a hearing on Wednesday 30 January as part of his duties to ensure preparation for trial.
The Status Conference, which will begin at 2:30 PM (Central European time), will be public; however, the Judge might decide to go into closed session during the course of the hearing if confidential matters need to be discussed.
Members of the media can contact the press office for accreditation at stl-pressoffice@un.org.

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.