STL

Bulletin
November 2014
The STL Bulletin provides a monthly overview of the latest judicial developments, news, and visits to the Special
Tribunal for Lebanon. It is one of a number of publications produced by the Tribunal. You can read them all at
http://www.stl-tsl.org/en/media.

Judicial developments
The Prosecutor v. Ayyash et al. (STL-11-01)
Trial in the Ayyash et al. case resumed before the Trial
Chamber on 11 November 2014.
In the hearing on 11 November the Prosecution provided
an overview of the evidence that is expected to be presented
in the next stage of the case. Counsel for the Prosecution
indicated that the second part is made up of 12 sections.
The first relates to background evidence of certain political
events and developing tensions, which according to the
Prosecution may help understand the progress of the
criminal conspiracy.
On 11 November, Prosecution witness Mohammed
Mneimneh gave evidence in person before the Trial
Chamber. He was Assistant to the Chief of the Protocol
Department of the Hariri family at the time of the
attack. The witness testified about his role in the Protocol
Department, Mr Hariris daily schedule and lifestyle,
the former Prime Ministers agenda and the logbook of
the visitors whom he met. In particular, the Prosecution
focused on Mr Hariris schedule in the weeks prior to his
assassination.
After the conclusion of Mr Mneimnehs examinationin-chief, counsel for Mr Badreddine cross-examined

the witness. The Badreddine Defence asked the witness

questions about certain individuals (including Mr Wissam
Al Hasan, the former Security Chief of the Hariri family).
In his cross-examination, counsel for Mr Badreddine
mainly asked the witness about some visits that were
unannounced in Mr Hariris agenda.
Mr Maarouf El Daouq testified before the Trial Chamber
on 12 and 13 November. Mr El Daouq was the Head of the
Press Office of the President of the Council of Ministers
when Mr Hariri was Prime Minister. His testimony
focused on the role of the office, the drafting, publishing
and circulation of press releases, as well as their format
and layout. The Prosecution focused on certain news
announced by the Press Office during the relevant period.
On 13 and 14 November the parties discussed the admission
of certain documents related to the second part of the
Prosecutions case and to the testimony of Mr Marwan
Hamade. According to the Prosecutor, the evidence sought
would provide useful background or context in the respect
of the political circumstances prevailing in Lebanon at the
The transcripts of all hearings are available in Arabic,
English and French at http://www.stl-tsl.org/en/the-cases/
stl-11-01/transcripts

www.stl-tsl.org
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to the charges against the Accused, and had not been

pleaded in the consolidated indictment, the pretrial brief,
nor referred to in the Prosecutors two opening statements.
The evidence amounted to material facts not pleaded in
the indictment, and if the Trial Chamber was to allow
the evidence, the pretrial brief and the consolidated
indictment would have to be amended consequently.

The 12 sections of the next phase of the Prosecutors

case relate to:
1.

Background evidence of certain political events

and developing tensions.

2.

Evidence relating to Mr Hariris movements and

meetings during the relevant period.

The Trial Chamber issued an oral decision on 14 November

ruling that it will hear the evidence of Mr. Marwan
Hamade in the week of 17 November as foreshadowed.

3. Materials related to the origin and nature of the

network of phones that are allegedly implicated
in the conspiracy to assassinate the former
Lebanese Prime Minister.

Mr Hamade is a member of the Lebanese Parliament and

a former minister in different cabinets. He survived an
assassination attempt on 1 October 2004. Mr Hamade
testified about relations between Syria and Lebanon from
the Taif Agreement up to 2004, as well as the political
situation in Lebanon during this period. He also described
his relationship with Mr Hariri, and the rapport which Mr
Hariri had with both Lebanese and international officials.
Mr Hamade detailed the deteriorating relations between
Mr Hariri and Lebanese officials focusing on meetings
which Mr Hariri had with Syrian officials, including
President Mr Bashar Al-Assad, in December 2003, and in
Damascus on 26 August 2004.

4. Evidence related to Mr Abu Adass, the alleged

author of the false claim of responsibility for the
attack, and his subsequent disappearance.
5. The purchase of the Mitsubishi Canter van,
which the Prosecution claims was used to
conceal and detonate the explosives on the day
of the attack.
6. Evidence taken from the business records of
Alpha and MTC, the two Lebanese mobile
telephone service providers, in the form of call
sequence tables, cell tower locations, and the
best predicted server cover associated with each
cell site.

In addition, Mr Hamade testified about a number of

important political events in 2004. These included
discussions to extend the mandate of the then
President Mr Emile Lahoud by amending the Lebanese
Constitution, the passing of United Nations Security
Council Resolution 1559 on 2 September 2004, and
the resignation of a number of ministers from Mr
Hariris cabinet including Mr Hamade, Mr Ghazi
Aridi, Mr Abdullah Farhat, and Mr Fares Boueiz. The
Prosecution witness also described his political activities
after his resignation from the Council of Ministers.
The direct examination and cross-examination of the
witness will continue in December 2014.

7. Expert evidence relating to cell site analyses.

8. The underlying components of a piece of
demonstrative evidence, which the Prosecution
proposes for use in coordinating, organising and
displaying the conduct of the Accused through
their phone use.
9. Materials related to the use of the network of
phones in the surveillance of Mr Hariri, those
who visited him, and in the preparations for
the assassination including the abduction of Mr
Abu Adass.

On 6 November, the Pre-Trial Judge granted the status

of victims participating in the proceedings (VPP) to two
individuals following the filing of applications by the
Registrys Victims Participation Unit on 28 October
this year. The total number of VPPs in the Ayyash et al.
proceedings is now 70.

10. Evidence regarding the delivery of the false

claim of responsibility.
11. Proposed expert evidence regarding the
operation participated in by the five Accused
and their co-conspirators.
12. Expert evidence as to the falsity of the video
delivered to the Al Jazeera offices during the
afternoon of 14 February 2005.

In the Contempt Case against AL JADEED [CO.]

S.A.L. / NEW T.V. S.A.L. (N.T.V.) and Ms Karma
Mohamed Tahsin Al Khayat (STL-14-05)

time of Mr Hariris assassination, and in understanding

certain evidentiary aspects of the alleged coconspirators
conduct in respect of the timing of the conspiracy and to
the significance of particular acts committed to achieve the
goals of the conspiracy charged.

During the status conference of 3 November 2014 in the

contempt case against Al Jadeed S.A.L. and Ms Khayat
the Contempt Judge, Judge Nicola Lettieri, made an oral
order on the Defence motion of 24 October 2014 that
sought the disclosure of certain documents and filings.1 In

The Defence opposed this evidence. All Defence counsel

supported the argument that the evidence was not relevant

For more information on the Defence request see the October Month
Bulletin at http://www.stl-tsl.org/en/media/stl-bulletin.

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon.

On 28 November the Contempt Judge granted the urgent

motion filed by the Amicus requesting the reconsideration
of part of the decision of 14 November 2014 in part,
and partially reconsidered the decision of 14 November
2014. In the response dated 27 November, the Defence
submitted that the Amicus request was manifestly
unfounded and accordingly did not prima facie satisfy
the test for reconsideration of a decision and, therefore,
it should be dismissed. The Contempt Judge ordered i)
the Amicus to disclose to the Defence within seven days
the witness statements of Witnesses AP05 and AP06
with the redactions and counterbalancing measures as set
out in paragraph 16 of the decision and ii) to notify the
Contempt Judge of such disclosure once completed. He
also reminded the Defence of its confidentiality obligations
and dismissed the motion in all other respects.

his order, Judge Lettieri denied the request for disclosure

of the reports submitted by the Amicus Curiae Prosecutor
(Amicus) to Judge Baragwanath in his capacity as the initial
Contempt Judge, noting that Judge Lettieri himself does
not have access to those reports as they were part of the
preparation of the case. Moreover, Judge Lettieri clarified
that there is a distinct difference between the investigation
phase of this contempt case and that of the main contempt
proceedings.
However, the Contempt Judge agreed with the Defence
that a review of other filings in the case that have remained
confidential and ex parte is appropriate. Judge Lettieri
therefore ordered the Amicus to review all the confidential
and ex parte filings in case number 14-05 and submit to
him a list of all confidential and ex parte filings. Judge
Lettieri also requested proposals on whether each filing can
be reclassified as confidential or public, as well as proposals

In the Contempt Case against Akhbar Beirut

S.A.L. and Mr Ibrahim Mohamed Ali Al Amin
(STL-14-06)

All filings in the Case STl-14-05 are available at

http://www.stl-tsl.org/en/the-cases/stl-14-05

of any necessary redactions by 14 November. The Amicus

accordingly filed his submissions on 12 November.

On 6 November, Contempt Judge Lettieri has ruledthat

the STL has jurisdiction to hear cases against natural
persons in the case against Akhbar Beirut S.A.L. and
Mr Ibrahim Mohamed Ali Al Amin. Judge Lettieri also
concluded that under Rule 60 bis, the Tribunal does not
have jurisdiction to hear cases of contempt and obstruction
of justice against legal persons (corporate entities).

President Judge Baragwanath was seized of a request filed

by the Defence for Al Jadeed S.A.L. and Ms Al Khayat
pursuant to Rule 32 (B) of the Rules of Procedure
and Evidence (RPE), seeking the disclosure of (i) all
information and documentation about any trainings,
seminars or meetings that were held in the Chambers
of the Tribunal on the subject of whether the Tribunal
may exercise jurisdiction over legal entities, including on
whether the Rules could be amended; and (ii) any papers
or other documentation circulated within the Chambers
on this topic. On 13 November, the President ruled that
the Defence had no right to the material sought, and
therefore dismissed the request. The President found that
the Defence has not demonstrated any right to the material
it seeks nor has it shown the existence of any exceptional
circumstances which militate in favour of disclosure.

The Contempt Judges decision comes after Counsel

assigned to represent the Accused filed a preliminary
motion on 18 August, challenging the Tribunals
jurisdiction to hear cases of contempt against Akhbar
Beirut S.A.L. and Mr Al Amin.The response by the Amicus,
which argued to the contrary, was filed on 29 August.
On 13 November the Amicus submitted his interlocutory
appeal against the decision on the Defence motion
challenging the STL jurisdiction. The certified question
on appeal is whether the Tribunal in exercising its inherent
jurisdiction to hold contempt proceedings pursuant to
Rule 60 bis has the power to charge Akhbar Beirut S.A.L.,
a legal person, with contempt. The Amicus requested
that the jurisdiction decision be reversed and the charges
against Akhbar Beirut S.A.L. be reinstated. The Defence
response was submitted on 24 November.

With respect to two Amicus witnesses, Witnesses AP05

and AP06, the Amicus sought (i) protective measures vis-vis the public and the media and (ii) non-disclosure of
parts of their witness statements to the Defence.2 The
Defence did not oppose the requested protective measures
concerning the public and the media, but opposed nondisclosure to the Defence and requested the disclosure of
both statements in non-redacted form. On 14 November
the Contempt Judge granted the motion in part, and
ordered the Amicus to disclose to the Defence within seven
days of this decision the non-redacted witness statements
of Witnesses AP05 and AP06. In addition, Judge Lettieri
ordered that a number of protective measures be in place
for Witnesses AP05 and AP06.
2

On 14 November, in accordance with Rules 60 bis (M)

and 30 (B) of the RPE and Article 2 of the relevant Practice
Direction, the President designated an Appeals Panel to
look into the interlocutory appeal filed by the Amicus. The
Panel is composed of Judge Afif Chamseddine (Presiding);
Judge Janet Nosworthy and Judge Ivana Hrdlikov.
All filings in the Case STl-14-06 are available at
http://www.stl-tsl.org/en/the-cases/stl-14-06

Read more about the Amicus request in the October Monthly Bulletin
at http://www.stl-tsl.org/en/media/stl-bulletin.

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon.

News and Visits

The Lebanese financial contribution for 2014
On 6 November the STL confirmed that it has received
Lebanons share of the 2014 budget from the Lebanese
government. The full sum of 29,347,003.50, 49% of the
Tribunals budget, was transferred to the Tribunals bank
account.
I welcome Lebanons contribution and I thank the
Lebanese government for fulfilling its international
obligation to fund the Tribunal, STL Registrar Daryl
Mundis said.
Read the full press release here.

Head of Defence Offices outside activities

From 3 to 7 November, the Head of the STL Defence
Office, Franois Roux, participated in the 7th Colloquium
of International Prosecutors in Arusha, Tanzania.
Moreover, Mr Roux delivered a speech at the international
Symposium on the Legacy of the International Criminal
Tribunal for Rwanda about the evolution of the Defence
before international criminal tribunals. On 24 November
2014 Mr Roux gave a presentation on International
Criminal Justice at the Ecole Nationale de Magistrature in
Paris.

Training on monitoring trials for NGOs

The STL successfully organised the second part of the
training programme on trial monitoring for NGOs.

proceedings, after the first part of the training was held

in Beirut.
The three day study visit allowed the NGO representatives
to complement their knowledge on the principles and
practical elements related to monitoring international
criminal proceedings that they were introduced to in the
first part of the training in Beirut.
Read the full press release here.
In the month of November the STL introduced audio
feeds of the court proceedings. Those can be accessed on
our website in Arabic, English and French on the on days
when the court is sitting.

The 2014-2015 Inter-University Programme

on International Criminal Law and Procedure
In Beirut the Inter-University Programme on International
Criminal Law and Procedure was completed with a lecture
by the STL President and, subsequently, the final exam. 51
out of the 60 applicants passed the test and will receive a
certificate of completion. The leading 25 students will visit
The Hague in February 2015.

A training for Lebanese lawyers on the

conduct of international criminal proceedings
In Beirut the PICS, with the Institute of Human
Rights at the Beirut Bar Association and the Friedrich
Ebert Stiftung, co-organised training for lawyers on the
conduct of international criminal proceedings. 34 lawyers
participated actively in the training that
was concluded with a mock trial. The
STL Vice President, the Btonnier of the
Beirut Bar Association, a Judge from the
United Kingdom as well as senior STL staff
members participated in the training.

Visits

Fifteen NGO representatives from Lebanon travelled

to the Netherlands to participate in the training that
concentrated on monitoring international criminal

In the month of November the STL

welcomed a number of students from
The Hague University and the University of Southern
Denmark. In addition, members of the public attended
the court hearings.

www.stl-tsl.org
Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands PO Box 115, 2260 AC Leidschendam, Netherlands.
For more information please contact the Public Information and Communications Section: stl-pressoffice@un.org Tel : +31 (0) 70 800 3560 / 3828 and +961 4 538 100 (Beirut)
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