STL Trial Chamber to hold a second Pre-Trial conference

Leidschendam, 26 November 2013 - The Trial Chamber of the Special Tribunal for Lebanon will hold a second Pre-Trial Conference on Monday 02 December in preparation for the start of the trial in the Ayyash et al. case.

The Pre-Trial Conference, which will be public, will begin at 2 PM (Central European Time). The Trial Chamber may decide to go into closed session if confidential matters need to be discussed.

This Pre-Trial Conference is to further prepare for the start of trial on 13 January 2014. It follows a previous one held on 29 October 2013.

The hearing can be followed on the STL website with a 30-minute delay in Arabic, English and French.

Trial Chamber holds its first pre-trial hearing

Oct 29 2013 - The Trial Chamber convened today for the first Pre-Trial conference to take place at the STL. The Presiding Judge, David Re, opened the public hearing by stating that it is the intention of the Trial Chamber to start trial on 13 January 2014. He also called on the parties to cooperate with the Trial Chamber so that it will be able to meet the start of trial expeditiously. However, Judge Re noted that the Trial Chamber is now seized of 12 outstanding motions, which may potentially have an impact on the date that trial begins. In the meantime there will be other Pre-Trial conferences, with the next hearing expected next month.
The Office of the Prosecutor (OTP) was asked to outline how they will they present their case in court. The OTP stated that it intends to present three "chapters". The first relating to what happened in and around the area of the explosion on 14 February 2005. The second will focus on the preparation of the bombing, the purchase of the vehicle used in the attack, and the acts and attempts to falsely attribute the attack. In the third part of their case, the OTP will present evidence attributing responsibility to the four accused. Chapters 2 and 3 will proceed "in tandem" as they are based on call data records and are thus, according to the OTP, clearly linked.
Turning to exhibits and witnesses the OTP said that it is in the second stage of reviewing its lists – a process which will "significantly" reduce their number. It also stated that its opening statement on 13 January 2014 will be complete within two days. The Prosecutor's representative in court indicated that they intend to submit the evidence of a large number of witnesses in writing.
Presiding Judge Re noted that the most significant of the 12 pending motions before the Trial Chamber is a request by the Defence for a stay of the proceedings. The Defence counsel said that their lack of readiness is due to "difficulties getting cooperation from the Lebanese authorities". Defence counsel for Mr. Badreddine claimed they are not ready for trial in the present conditions for many reasons, including the volume of the OTP's evidence. The Defence counsel for Mr. Sabra noted the importance of the outstanding filings including the request for a stay of the proceedings. Defence counsel for Mr. Oneissi also expressed their concerns regarding the volume of disclosed evidence. Defence counsel for Mr. Ayyash submitted the views of all Defence teams on the indictment against the fifth accused Mr. Hassan Habib Merhi – arguing that the indictment against Mr. Merhi, which was confirmed in July, may have an impact on the start of trial, especially if the Prosecution intends to request that this case be joined with Ayyash et al.
The Legal Representative for Victims said he will be ready for trial, adding that he wishes to make an opening statement on the first day of trial and intends to have 8-10 victims present in the courtroom for opening speeches. Both these requests were granted by the Trial Chamber.

Pre Trial Judge transfers the complete Ayyash et al. case file to Trial Chamber

Leidschendam, 28 October 2013 – The Pre-Trial Judge completed the transfer of the entire Ayyash et al. file, containing the evidence and all other documents that relate to the case. The Trial Chamber will now continue to prepare for the start of trial, which is scheduled tentatively for 13 January 2014.
The indictment against the four accused— Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra – was confirmed in June 2011.
STL judges decided in 2012 that the Tribunal can try the accused in their absence, which is permissible under Lebanese Law. The four accused remain at large, but the Lebanese authorities have an ongoing obligation to search for, arrest and transfer the accused to STL custody.
According to the Tribunal's rules, the Pre-Trial Judge is required to submit a complete file in order to allow the Trial Chamber to be seized of the case. A publicly redacted version of the confidential report accompanying the transfer of the case will be available in due course. It is now for the Trial Chamber to confirm a final date for the start of trial.
The transfer of the case file is a significant development in the proceedings of the Ayyash et al. case and it marks the start of the transition from the pre-trial to the trial phase. During trial, the Prosecution, Defence
Counsel and the Legal Representatives of the Victims will present their arguments before the judges of the Trial Chamber.
A public hearing will be held tomorrow, on 29 October, by the Trial Chamber judges to discuss matters related to the preparation of trial.

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."