Written by Rihab Abu El Hosn

Translated by Assaad Maalouf

NNA - The Special Tribunal for Lebanon (STL) is preparing for the start of trial in the case of “Ayyash et al.” which is scheduled to commence on Thursday 16 January, 2014, for the prosecution of those responsible for the assassination of late martyr Prime Minister Rafic Hariri and his companions back on February 14, 2005.

The introductory sessions of the trial will last for a day and a half and will include interventions to be made by defense attorneys for the accused Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra. One of the sessions will last for three hours as it will be relevant to the defense team of Hussein Oneissi. Consecutively, Oneissi’s session will be followed by a hearing session that will involve 103 witnesses and by testimonies to be given by 23 experts.

The STL said it would give sufficient time for opening interventions during the preliminary session and that it had provided money for those hurt by the crime and were attending the sessions, so that they could remain in the Netherlands and speak out during their interventions.

Eight witnesses will also be present before the court in the last two weeks of this month. Seven of whom will in person attend before the court, while the eighth will give his evidence via what is known as televised conferences techniques, and the STL has agreed in this concern.

First Trial Sessions

A lawyer much engaged with the work course of STL summarized the work schedule of the first trial sessions. He said the first session would start by briefly explaining the indictment and will later on listen to 66 persons harmed by the crime.

The lawyer reference also indicated that 103 witnesses will be heard; 76 of whom will give written testimonies, and one of the harmed witnesses will be accompanied by an interpreter due to his inability to speak. Besides, 23 experts will give their testimonies.

The reference disclosed, “For the first time the STL will take into consideration testimonies reached via SMS after confirming their credibility and the identity of their senders as well as their content.”

He went on explaining that such techniques would pave the way for all those possessing information to inform the STL about it, in accordance with Article 155 of the codes and rules.

Article 22

Article 22 of the STL law stipulates that trials in absentia have their justifications and are allowed if the accused is searched and unfound and if the necessary measures have been taken to look out for the disappearing accused. And to intensify verification in this respect, the STL’s defense bureau appointed eight permanent attorneys for the four accused persons in Hariri crime, whose duties would be defending the rights of the accused without communicating with them.

Youssef

STL’s spokesperson, Marten Youssef, said 16 January 2014 would be the onset of the tribunal’s work. He described the date to be a historic day for the tribunal and international justice.

“Lebanon, the history and people, will witness the accomplishment of justice in terms of unveiling the truth behind the assassination of Martyr Hariri and his companions on February 14, 2005.”

Youssef said it was important enough not to make any delay in the trial proceedings, yet what was more important was providing an opportunity for a fair trial. He explained that as long as the accused were still absent, the STL would come to apply the Lebanese law which allows trying in absentia.

“This is the first international tribunal in 50 years that allows trials to take place in absentia. All the procedures and laws relevant to the tribunal are taken from the Lebanese authorities,” said Youssef.

He pinpointed to a decision issued by head of the tribunal requesting the Lebanese authority to renew adopted measures and efforts for the purpose of searching for the accused and apprehending them. He indicated that the first degree chamber of the STL well estimated the Lebanese stance that does not pave the way for adopting procedures that help pursuing the accused and grabbing hold of them.

Youssef also stressed that the tribunal was not, by any means, allowed to accuse any party or certain political side, but could instead file accusations against persons affiliated to parties or sides.

Asked about his stance regarding the refusal of certain Lebanese sides to recognize the tribunal, Youssef saw that any tribunal would face such stances as something normal.

“Justice cannot be accomplished through media but via the first degree chamber.” Youssef refused any accusation of politicization raised against the tribunal, adding that not any news leakage from STL can be considered true.

He assured that the Lebanese people would have the opportunity to follow up on the details of the trial proceedings via social media, and that the opening session would be broadcasted live in English, with translating some of its judicial decisions into Arabic.
 

Youssef clarified that the tribunal would focus on February 14 incident and the other assaults that took place between October 2004 and December 2005. As to affiliating the case of Martyr former Minister Mohammad Shatah to February 14 case, STL’s spokesperson said that this could not happen without a request from the Lebanese government to the International Security Council in this concern.

Turning to the financing issue of the STL, Youssef said that 49% of the funding was of the Lebanese government’s responsibility while 51% was provided by 28 countries. He expressed confidence that the Lebanese government would continue to finance the STL.

He wrapped up by saying that Lebanon has affected the international justice in an unusual way; especially that such tribunal has been the first to be relevant to crimes of terrorism in the Middle East and would positively affect the whole East Mediterranean and Arab countries.