STL Trial Chamber sets date for restart of trial in Ayyash et al.

Leidschendam, 14 May 2014 - The Trial Chamber of the Special Tribunal for Lebanon has issued an oral ruling setting the date for the resumption of trial as Wednesday 18 June 2014. The decision came during a status conference on 12 May. The Prosecutor's opening statement in the case against Mr. Merhi is scheduled for 18 June. Counsel for Mr. Merhi may then, if they choose, make their own opening statement.

The Trial Chamber will sit on a reduced basis until the judicial recess in July, so as to allow more free time for counsel to prepare their case. The Trial Chamber will re-assess this sitting schedule in July. According to the Special Tribunal's rules, any party wishing to file an interlocutory appeal against this decision can do so within seven days (from 12 May 2014).
During the Trial Chamber status conference in the Ayyash et al. case there was also discussion of Lebanon's cooperation with the STL. On this the Trial Chamber stated that if Lebanon does not have in its possession material requested by the STL, it should communicate this to the Tribunal.

At the status conference, the Prosecution provided an overview of how they will continue the presentation of the first chapter of their case. Co-counsel for Mr Merhi stated that the Merhi case is large and complex and that this has been exacerbated since the case is being held in absentia. They had asked not to resume the proceedings before end of September 2014.

Initial appearances of Accused in the contempt cases - STL Media Advisory

Leidschendam, 7 May 2014 – The Contempt Judge has ordered initial appearances on Tuesday 13 May of the Accused in the case against New TV S.A.L. and Ms Karma Khayat, and of the Accused in the case against Akhbar Beirut S.A.L. and Mr Ibrahim Al Amin.

The two journalists and two media organisations were charged with contempt before the Special Tribunal for Lebanon for knowingly and wilfully interfering with the administration of justice.

The initial appearances of the Accused are scheduled as follows:
New TV S.A.L.: 9:30 AM
Ms Karma Khayat: 10:30 AM
Akhbar Beirut S.A.L.: 2:30 PM
Mr Ibrahim Al Amin: 3:30 PM

As stated by the Contempt Judge in the summons, the Accused may decide either to come to the seat of the Tribunal or to make their initial appearance by video-conference, provided that counsel attends in person.

The hearings will be public, but the judge may decide to go into closed session if confidential matters need to be discussed.

The hearings can be followed live on the STL website in English, French and Arabic.

Media Advisory - STL Trial Chamber to hold a status conference

Leidschendam, 6 May 2014 - The Trial Chamber of the Special Tribunal for Lebanon will hold a status conference on Monday 12 May in the Ayyash et al. case.
The hearing will cover the following items:
(i) Resumption of trial;
(ii) Co-operation of Lebanon with the Special Tribunal; and
(iii) Any other issues.
The status conference, which will begin at 12 PM (Central European Time), will be public; however, the Trial Chamber may decide to go into closed session during the course of the hearing if confidential matters need to be discussed.
The hearing can be followed on the STL website with a 30-minute delay in Arabic, English and French.
Information about media accreditation will follow soon.

Special Tribunal for Lebanon issues summons to appear in contempt cases

Leidschendam, 24 April 2014- Two journalists and two media organisations have been charged with contempt before the Special Tribunal for Lebanon. Karma Mohamed Tahsin al Khayat from Al-Jadeed TV, as well as the station's parent company New TV S.A.L., have been summoned to appear before the STL on two counts of Contempt and Obstruction of Justice. Ibrahim Mohamed Al Amin from Al Akhbar, as well as the newspaper's parent company Akhbar Beirut S.A.L. have been summoned on one count of Contempt and Obstruction of Justice. The accused are being charged under Rule 60 bis (A) of the Rules of Procedure and Evidence and all the charges relate to the Ayyash et al. case.

 

The charges follow an investigation into three events by an amicus curiae, Stéphane Bourgon, who was appointed by the Registrar on the request of the Contempt Judge, David Baragwanath. Following reports by the amicus, Judge Baragwanath concluded that there was prima facie evidence in two of these events that justify proceedings for contempt. The investigation continues in the third.

 

New TV S.A.L. and Karma Mohamed Tahsin al Khayat are charged with:

 

· knowingly and wilfully interfering with the administration of justice by broadcasting and/or publishing information on purported confidential witnesses.

 

· knowingly and wilfully interfering with the administration of justice by failing to remove from Al Jadeed TV's website and Al Jadeed TV's YouTube channel information on purported confidential witnesses.

 

Akhbar Beirut S.A.L. and Ibrahim Mohamed Al Amin are charged with:

 

· knowingly and wilfully interfering with the administration of justice by publishing information on purported confidential witnesses in the Ayyash et al. case.

 

In his decision the Contempt Judge clarified that publishing purported names of witnesses may amount to interference with the administration of justice, because it reduces the confidence of both actual witnesses and the public, in the ability and the will of the Tribunal to protect its witnesses.

 

Judge Baragwanath has now recused himself from the case and Judge Nicola Lettieri will hear the case. A new amicus curiae will prosecute the Accused (please see press release 'STL Appoints New Amicus Curiae').

 

In his decision Judge Baragwanath wrote about the vital principles of freedom of expression, including freedom of the press, and the proper administration of justice. Judge Baragwanath stressed that the importance of the press "as the eyes, ears and voice of the community is at its highest when confronted with the power of public decision-makers, such as judges". However the decision went on to stress that like judges, and the rest of the community, the media must comply with the law. "Nothing is more fundamental to the rule of law than that there must be no deliberate interference with the administration of justice". This "leaves intact the ability of the press otherwise to comment on the Tribunal's work, including criticising it".

 

The accused may choose whether to appear at the court in person or by video-link. The initial appearances of the accused are scheduled for 13 May 2014..

Media Advisory - Updated Arrest Warrants

Leidschendam, 22 April 2014 - The Special Tribunal for Lebanon has issued new arrest warrants for Salim Jamil Ayyash, Mustafa Amine Badreddine, Hassan Habib Merhi, Hussein Hassan Oneissi and Assad Hassan Sabra, following the Prosecution's submission of a consolidated indictment.

This indictment reflects the charges against all of the five Accused as a result of the joinder decision of 25 February 2014.

The Trial Chamber has now requested that the Lebanese authorities act on these new arrest warrants. International arrest warrants will also be provided to Interpol for circulation in other countries.

The charges against the accused remain the same.

Students data to be handed over to STL

April 11, 2014

By Kareem Shaheen
The Daily Star

BEIRUT: The names and phone numbers of potentially hundreds of Lebanese students at a local university will be handed over to defense lawyers at the Special Tribunal for Lebanon as part of their investigation into the killing of former Prime Minister Rafik Hariri.
The details of the students were requested as part of the investigation into a key witness who will testify against Hussein Oneissi, one of five suspects in the case and a member of Hezbollah.
Oneissi allegedly helped recruit Ahmad Abu Adass, a man who appeared in what prosecutors say was a false claim of responsibility for the Hariri attack.
Although the college in question was not named, Oneissi first met Abu Adass at Beirut Arab University's mosque, according to public court documents.
In a decision published on the STL website, the court's trial chamber ordered the handover to the defense of the names and phone numbers of students who attended an unidentified Lebanese university between 2004 and 2005.
The details of students in 2006 who were in contact by phone with the key witness are also to be disclosed to the defense as part of the probe.
Defense counsel argued they need the data to investigate the witness and prepare for his cross-examination.
"The trial chamber is satisfied that defense counsel could find investigative leads from contacting students who attended the university at the same time as the witness, and especially those who were in his faculty and, presumably attended classes with him," the judges said in the order.
The STL is tasked with investigating the 2005 Valentine's Day bombing that killed Hariri and 21 other victims and plunged Lebanon into years of political turmoil.
Five members of Hezbollah are wanted by the Hague-based court, which began their trial in absentia on Jan. 16.
The Abu Adass saga is a key point of contention in the Hariri trial. Prosecutors say he met Oneissi when the latter posed as a recent convert to Islam who wanted to learn how to pray, and was duped and abducted by members of the assassination team.
He was then allegedly forced to record a video claiming responsibility for the bombing on behalf of a fictitious fundamentalist group called Nusra and Jihad in Greater Syria.
Defense lawyers, on the other hand, have said that they are investigating the possibility that members of Al-Qaeda could be responsible for the attack.
The order to disclose the student details offers a glimpse into the sheer volume of call data records and details on Lebanese citizens that has been gathered in the course of the Hariri investigation.
For example, the prosecution already has a list of students who attended the unnamed university between 2004 and 2010, a list that includes their contact details.
Defense lawyers, who pledged to uphold codes of professional conduct on data privacy, already have access to all call data and SMS records of the telephone belonging to the witness.
They also have a much more wide-ranging set of call data records all the way to 2010, likely spanning a large percentage of the population.

STL Appoints New Investigator to Deal with Contempt Charges

Leidschendam, 10 April 2014 – The Registrar of the Special Tribunal for Lebanon, Daryl Mundis, has appointed Mr Kenneth Scott as the new amicus curiae to deal with the contempt charges currently before the STL.
Mr Scott, a Harvard graduate, has extensive experience in international law, having served as Trial Attorney at the International Criminal Tribunal for the Former Yugoslavia for over ten years.
Mr Scott replaces the previous amicus curiae assigned to investigate the 29 April allegations of contempt, Mr Stéphane Bourgon. Mr Bourgon has returned to Montréal Canada before the end of his assignment as amicus curiae after having been appointed as Crown Prosecutor working on organised crime trials.
The core staff of the amicus curiae team will continue to work for the new amicus.