STL

Bulletin
April 2015
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)1
On 9 and 10 April 2015, Mr Mustafa Nasser testified
before the Trial Chamber in person.1 Mr Nasser was
a journalist by profession before becoming an advisor
to the former Lebanese Prime Minister (PM) Rafiq
Hariri in 1992. Mr Nasser remained the former PMs
advisor from 1992 until the time of Mr Hariris death
on 14 February 2005. Mr Nasser testified about his
role as an advisor and an intermediary between various
Hezbollah members and Mr Hariri, and the content of
certain meetings between August-September 2004 and
mid-February 2005 that were held between former PM
Hariri and Hezbollahs Secretary-General, Mr Hassan
Nasrallah. During his testimony, Mr Nasser also
described how he coordinated and organised meetings
with Mr Hajj Hussein El-Khalil, Mr Nasrallahs political assistant. According to the witness, those meetings
focused on a possible electoral alliance between the
former PM and Hezbollah, the weapons of Hezbollah
and the implementation of United Nations Security
Council (UNSC) Resolution 1559.

On 9 April, Mr Nasser was cross-examined by the

Defence counsel for Mr Oneissi, who focused on the
role that the witness played as a political advisor to PM
Hariri and on Hezbollah and its role in Lebanon. Then,
the Badreddine Defence questioned Mr Nasser on the
frequency, organisation and content of the meetings
between Mr Hariri and Mr Nasrallah.

2 For a summary of Mr Hamades testimony, see the previous versions

of the STL Bulletin at http://www.stl-tsl.org/en/news-and-press/stlbulletin

This part provides an overview of courtroom hearings in the Ayyash et

al. case only. Filings in this case are available on our website: http://
www.stl-tsl.org/en/the-cases/stl-11-01/filings

All the public transcripts in the Ayyash et al case are available on our website in Arabic, English and French.

On 13 April and 14 April, Mr Ali Hamade appeared

before the Trial Chamber. Mr Hamade is the brother
of MP Marwan Hamade, who testified before the STL
in November and December 2014.2 Mr Ali Hamade
has been a journalist for his entire career.
During his examination by the Prosecution counsel,
Mr Hamade spoke about the circumstances in which
he hosted a political television show on Future TV in

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July 2004 to oppose the extension of the mandate of

the former Lebanese President Emile Lahoud. Moreover, Mr Hamade told the court about his role as an
unofficial envoy between Mr Hariri and the Syrian
regime in November and December 2004. Mr Hamades testimony also included a description of Mr
Hariris relationship with Gebran Tueini, a Lebanese
politician and the former editor and publisher of the
Lebanese daily An-Nahar who died in an attack on 12
December 2005. In addition, the witness spoke about
a meeting he had held with senior Syrian intelligence
security official General Mohamed Nasif during which
Mr Hariri and his relations with Saudi Arabia, Egypt
and France were discussed.

On 15 April, the Trial Chamber issued an oral decision,

ruling that the identity of Witnesses PRH277, PRH 041,
PRH 459 and PRH 148 must remain confidential; those
witnesses must only be referred to by their pseudonyms
in the Tribunals public hearings and published documents; information relating to those witnesses must be
redacted from public documents which identify them as
witnesses at the trial; when testifying before the Chamber,
the publicly-broadcasted images and voices of those
witnesses must be distorted and unrecognizable; and no
person including members of the media and third parties
who become aware of their identity and their involvement in these proceedings may disclose information
protected by this order.

Hariris policies, which supported increasing the role

of the Lebanese Army in southern Lebanon. He also
described the political relations between Mr Hariri and
Hezbollah, and those between the Lebanese Army and
Hezbollah.

Mr Hamade was cross-examined by the counsel for Mr

Baddredine on 13 April. The Defences questioning
revolved around the meetings in which Mr Hamade
participated in the presence of Syrian security officials,
those allegedly responsible for the rocket attack against
Future TVs Headquarters in June 2003. Mr Ali
Hamade was also cross-examined on certain talks in
Paris in January 2004 in which he participated, where
the former Lebanese PM Najib Mikati is believed to
have said that Syrian President Bashar Al-Assad would
be amenable to forming a new government headed by
Mr Hariri.

Dr Majdalani testified that he received personal threats

during the last week of August 2004 in relation to the
extension of President Lahouds term. Syrian Intelligence Brigadier General Mohamad Khallouf invited
Dr Majdalani to a meeting and conveyed to him the
decision of the Syrian leadership to extend President
Lahouds term and asked Dr Majdalani to approve
the extension or bear the consequences for voting
against it.

On 14 April, Counsel for Mr Sabras cross-examination focused on the rocket attack on Future TV and
those who could be behind it.

In early February 2005, Mr Hariri excluded three

pro-Syrian candidates from the electoral lists of
the Future Movement to which Dr Majdalani also
belonged. On the day Mr Hariri announced this decision, the witness arranged a meeting between one of
the three discontented pro-Syrian candidates and Mr
Hariri.

On 15 April, Mr Nassers cross-examination was

concluded via videoconference by the Defence counsel
for Mr Badreddine, Mr Sabra and Mr Merhi. The
Defence teams cross-examination focused mainly
on the content of the meetings that the former PM
Hariri held with various Hezbollah members in late
2004 and early 2005, as well as the Hariri/Hezbollah
rapprochement of the time. Mr Nasser also recalled
liaising with Irans former President Khatami
concerning Lebanese issues in general. The crossexamination was followed by a brief re-examination by
the Prosecution. The main focus of the re-examination
was the relationship between Mr Hariri and Syria.

On 13 February 2005, Dr Majdalani met Mr Bassel

Fuleihan (the then Minister of economy and trade)
and Mr Ghattas Khoury at the Quraitem Palace before
a meeting with Mr Hariri. Following the meeting, Mr
Fuleihan warned Dr Majdalani about a forthcoming
wave of political assassinations. Mr Fuleihan did not
elaborate the source of that information or who would
be targeted.

On 28 April, Dr Atef Majdalani testified before the

Trial Chamber. Dr Majdalani began working with
PM Hariri in 1996 and became one of his close political allies. In 2000, he was elected to the Lebanese
Parliament.

Dr Majadalanis examination continued on 29 April.

The Lebanese MP told the court about the assassination attempt against Mr Marwan Hamade on
1 October 2004 and its impact on the former PMs
security personnel. The witness testified about Mr
Hariris relations with major States in the region and
throughout the world, and his reputation. According
to Dr Majdalani, the expected victory in the 2005

Dr Majdalani described the degree to which Syria influenced the internal politics and governance in Lebanon.
More specifically, he elaborated the evolution (19912004) of the hostility of the Syrian regime towards Mr

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

legislative elections was a possible cause for Mr Hariris

assassination by the Syrians.

years and months before Mr Hariris assassination. He

also described how, in November 2004, in his capacity
as a member of the Lebanese Human Rights Commission, he visited a detention facility under the control
of the Lebanese-Syrian Military Intelligence apparatus
in Beirut. According to the witness, one of the four
inmates he met at the detention facility resembled Mr
Abu Addass, who the Prosecution alleges was involved
in the false claim of responsibility for Mr Hariris
assassination.

The Oneissi Defences cross-examination of Dr Majdalani began on 29 April and continued the next day.
On 30 April and 1 May, the Defence teams for Mr
Merhi and Mr Sabra questioned Dr Majdalani.3 The
questioning was related to false allegations of corruption levelled against Mr Hariris political allies in the
3 A summary of the Defence teams cross-examination will be provided
in the forthcoming May 2015 Bulletin.

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)4
On 16 April, the contempt case against Al Jadeed
[CO.] S.A.L./NEW T.V. S.A.L. (N.T.V) (Al Jadeed
S.A.L.) and Ms Karma Mohamed Tahsin Al Khayat
opened before the Contempt Judge, Judge Nicola
Lettieri. Opening statements were made by the Amicus
Curiae Prosecutor (Amicus), Defence counsel and the
Accused. You can watch the public-redacted version of
the opening statements on our YouTube channel. 4

Protection Programme, and was the STL OTPs

Human Source Coordinator, dealing with Prosecution
witnesses.
Mr Comeau gave part of his testimony in private
session. The witness also testified that the OTP monitored the publications by Al Jadeed and the duration of
the availability of the material on their website.
In the Defence cross-examination the same day, counsel
focused on the witnesss exchanges with Mr Stphane
Bourgon, who was formerly appointed by the Deputy
Registrar as the Amicus Curiae to investigate three incidents (one of which relates to Al Jadeed S.A.L.s broadcasts). It later appeared that Mr Comeau had interactions with members of the Amicus Curiae team in the
days before his testimony.
Amicus Curiae: Latin for friend of the court, is an independent party who appears in court or otherwise provides
legal opinion on matter or legal issues in order to assist
the Chamber in its deliberations. This status can only be
conferred by the Chamber.

Contempt Judge Nicola Lettieri at the opening statements

hearing on 16 April 2015.

Mr John Allen Comeau was the first Amicus witness

to appear before the Contempt Judge. Mr Comeau
worked with the United Nations International Independent Investigation Commission (UNIIIC) from
June 2008 until February 2009 before being employed
by the STLs Office of the Prosecutor (OTP) in the
period March 2009-December 2013. Mr Comeau
worked as Coordinator for the UNIIICs Witness

On 17 April, the Defence continued cross-examining

Mr Comeau. The witness was asked questions mainly
on instances where alleged confidential information
was made public in foreign media outlets such as Canadas CBC in 2010, Germanys Der Spiegel Online in
2009, and Frances Le Figaro in 2006.
On 17 April, Ms Veronique Bernard, former Head of
Field Security in the STLs Beirut Office, testified on
her service of STL envelopes to Al Jadeed S.A.L. on 8
August 2012. The four envelopes contained a notice
instructing the TV station to cease and desist from
publishing programmes containing confidential information. The witness testified about her subsequent
unsuccessful attempts to deliver an Order by the STLs

All the public transcripts in the case STL-14-05 are available on our website in Arabic, English and French.

This part provides an overview of courtroom hearings in the case STL14-05. Filings in this case are available on our website: http://www.
stl-tsl.org/en/the-cases/contempt-cases/stl-14-05/filings-stl-14-05

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

Pre-Trial Judge (PTJ) to the Al Jadeed on 11 August

2012. The Defence counsel for the Accused questioned the witness on the particular circumstances of
the delivery of the STL documents to Al Jadeed S.A.L.
on those two occasions.

verified if Ms Khayat received the order. The cross-examination also addressed the manner in which the
documents were delivered by the STL.
On 22 April, the Amicus called Dr Anne-Marie De
Brouwer, an associate professor in the Department
of Criminal Law at Tilburg University, as an expert
witness. Her testimony focused on the impact that
disclosures of witness or alleged witness information
can have on the lives of witnesses, alleged witnesses
and the public and the administration of justice. The
cross-examination of Dr De Brouwer on the same day
focused on her Curriculum Vitae, her publications and
her expert report. The Defence counsel challenged the
credibility of the witness and her ability to testify as an
expert.

On the same day, Mr Akram Rahal, a Chief Warrant

Officer with the Judicial Police in Lebanon, appeared
before the Contempt Judge. Mr Rahal delivered an
order by the STLs PTJ to Al Jadeed S.A.L. following
the instructions of the Lebanese Prosecutor-General
after Ms Bernards unsuccessful attempts on 11 August
2012. The Defence cross-examined Mr Rahal on the
procedures in place in Lebanon for serving judicial
documents to parties and the particular circumstances
of delivering the STL documents to Al Jadeed S.A.L.
On 20 April, Mr Anthony Lodge, Head of the STL
Registry in the Beirut Office, testified before the
Contempt Judge. Mr Lodges testimony focused on
the Registry attempts to deliver the cease and desist
notice to Al Jadeed S.A.L. and the PTJs Order of 10
August 2012 to Al Jadeed S.A.L. Mr Lodge testified
that he received Ms Khayats email address from a
former staff member at the STL Press Office in Leidschendam and sent her a copy of the PTJs Order by
email. After a failed attempt to deliver the Order by
the PTJ to Al Jadeed S.A.L., Mr Lodge convened with
the former Registrar in Leidschendam on delivering
the documents to the Lebanese authorities for service.

In the afternoon session on 22 April, the Contempt

Judge admitted into evidence the suspect interview
of Ms Khayat. The Amicus then read summaries of
interviews with former or current Al Jadeed S.A.L.
staff members that had previously been admitted into
evidence.
Some of the testimony and documentary evidence
presented by the Amicus in the period 16-22 April was
heard in closed session. The STL Judges may decide to
go into closed sessions if confidential matters need to
be discussed or protected witnesses need to be heard.
The Contempt Judge adjourned the hearings in
the Case STL-14-05 until 12 May. The Defence for
Al Jadeed S.A.L. and Ms Khayat is scheduled to present
its case from 12 until 15 May 2015.

The witness was then cross-examined by the Defence.

The cross-examination focused on whether Mr Marten
Youssef, former STL Spokesperson, or the witness

In the Matter of El Hajj

On 30 April, the PTJ issued a decision regarding the
Tribunals jurisdiction and the standing of Mr Ali
Salah-el-Din El Hajj. In accordance with article 77 of
the Rules of Procedure and Evidence, the PTJ determined that the Tribunal has jurisdiction to rule on the
substance of Mr Ali El Hajjs application submitted on
23 October 2014, seeking a civil action for damages
to his rights and reputation. However, he determined
that the application is inadmissible, as, unlike in the
El Sayed case, the Applicant did not explicitly request
material from his criminal case file. Instead the material requested relates to the Ayyash et al. proceedings,
in which MrEl Hajj has no standing. The PTJ ordered
the filing of a public-redacted version of the Application and reclassification of the Prosecutions esponse as
a public document.

Mr El Hajj, together with the three other chiefs of the

Lebanese security institutions at the time, was previously detained by the Lebanese authorities, in relation
to the assassination of Mr Hariri. He was released in
April 2009 after the STL seized jurisdiction over the
14 February 2005 attack. In October 2014, he had
requested copies of the transcripts with protected and
non-protected witnesses who were interviewed by the
STL or the UNIIIC in which they slander, directly or
indirectly incite hostility towards him and his family.
The OTP remained opposed to it.

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

NEWS AND VISITS

On 17 April 2015, STL President Judge Ivana
Hrdlikov concluded her first official visit to Lebanon.
During her working visit, the STL President met the
Lebanese PM Tammam Salam, Defence Minister
Samir Moqbel, Interior Minister Nouhad Mashnouq,
Justice Minister Ashraf Rifi, President of the Court of
Cassation Judge Jean Fahed, Prosecutor General Judge
Samir Hammoud, the Batonniers of Beirut and Tripoli
Bar Associations George Jreij and Fahd al-Moqaddam,
as well as many representatives of the diplomatic
community in Lebanon. The President also met with
the Tribunal staff in Beirut.
On 31 March 2015, the Head of the STL Defence
Office, Mr Franois Roux, concluded a working visit
to New York. During his time there, he held talks
with the Under-Secretary-General for Legal Affairs,
Mr Miguel de Serpa Soares, as well as with several
diplomatic representatives who are members of the
TribunalsManagement Committee, in particular the
Deputy Permanent Representative of Lebanon to the
United Nations, Ms Caroline Ziade. Mr Roux was
accompanied by Ms Hleyn Uac, Deputy Head of
Defence Office.
On 13 April 2015, the STL appointed Wajed
Ramadan as new Spokesperson. For the previous six
years, Ms Ramadan worked as Outreach Officer in the
STL Beirut Office, where she assisted in creating and
maintaining the Tribunals strong network of contacts
in the country, particularly with the legal and academic
communities as well as the civil society.
During the month of April, the STL received eight
group visits from various institutions: Defence interns
at the International Criminal Tribunal for the former
Yugoslavia; students from Bangor University (in the

New STL Spokesperson, Wajed Ramadan

UK); a delegation from the Europische Akademie

Bayern e.v. (Germany); University of Groningen (the
Netherlands); University of Genova (Italy); London
School of Economics; Geneva Academy of international Humanitarian law and Human Rights; Catholic
University of Lille (France) and the University of Liege
(Belgium).

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