Cases Overview

STL 11-01The closing arguments in the Ayyash et al. case (STL 11-01) concluded on 21 September 2018, after 9 hearing days. The Trial Chamber is currently in deliberation.

STL 14-06The case against Mr. Ibrahim Al Amin closed following the payment of the €20,000 fine imposed on him on 14 August 2018.

The Prosecutor v. Ayyash et al. (STL-11-01)

Next Stage of the Proceedings

The closing arguments in the Ayyash et al. case concluded on 21 September 2018, after nine hearing days.

The Trial Chamber withdrew to review the evidence before it and deliberate as to whether the Prosecution

had proved its case beyond reasonable doubt against the four Accused, Mr Salim Jamil Ayyash, Mr Hassan Habib Merhi, Mr Hussein Hassan Oneissi and Mr Assad Hassan Sabra. The Accused are charged with conspiracy aimed at committing a terrorist act. Mr Ayyash is further charged with premediated inten-tional homicide of Mr Rafik Hariri and 21 other persons by using explosive materials, and attempted

Special Tribunal for Lebanon, Dokter van der Stamstraat 1, 2265 BC Leidschendam, NetherlandsFor 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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The STL Bulletin provides a monthly overview of the latest developments, news and visits to the Special Tribunal for Lebanon. The information is presented to aid members of the public, journalists, and other interested parties in understanding judicial and non-judicial developments at the STL. It is provided for informational purposes only, based on public filings and resources. Its contents have not been formally endorsed by Chambers or by the parties, and PICS makes no guarantee of the accuracy or completeness of the information. You can view previous copies of the Bulletin at https://www.stl-tsl.org/en/media/stl-bulletin.

STL BulletinOctober/November/December 2018

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premeditated intentional homicide of 226 persons by using explosive materials. Mr Merhi, Mr Oneissi and Mr Sabra are also charged as accomplices to these criminal offences.

During the process of deliberation the Trial Chamber must consider the evidence as a whole and deter-mine if each element of the offences has been estab-lished against the Accused beyond reasonable doubt. Deliberations do not take place in the courtroom or in open sessions. The Judges deliberate in private.

Following the deliberations, the Trial Chamber will issue a reasoned judgment that will find the Accused “guilty” or “not guilty.” A finding of guilt may be reached by the majority of the Judges. If the Trial Chamber finds the Accused guilty it will subsequently decide on the sentence. Following the first instance judgment, appeals proceedings may be initiated before the Special Tribunal’s Appeals Chamber.

Contempt Case against Akhbar Beirut S.A.L. and Ibrahim Mohamed Ali Al Amin (STL-14-06)

The case against Mr. Ibrahim Al Amin closed following the payment on 14 August 2018 of the €20,000 fine imposed on him. The €6,000 fine imposed on Akhbar Beirut S.A.L. remains outstanding. The Lebanese authorities remain obliged to enforce this sentence. In October, the Contempt Judge Nicola Lettieri decided to lift the confidentiality of the enforcement proceedings against Mr. Al Amin. The public documents are now available on the STL website.

Background

On 31 January 2014, Mr Ibrahim Mohamed Ali Al Amin and Akhbar Beirut S.A.L. were charged with contempt and obstruction of justice before the STL in relation to media reports containing informa-tion about alleged confidential STL witnesses. The charges were brought under Rule 60 bis (A) of the Rules of Procedure and Evidence.

The trial in STL-14-06 opened before the Contempt Judge Nicola Lettieri on 24 February 2016, with opening statements by the Amicus Curiae Prosecutor and the Defence.

Contempt Judge Lettieri issued a judgment on 15 July 2016 finding both accused guilty of one count of contempt for knowingly and willfully interfering with the administration of justice by publishing information on purported confidential witnesses in the Ayyash et al. case, thereby undermining public confidence in the Tribunal’s ability to protect the confidentiality of information about, or provided by, witnesses or potential witnesses.

On 29 August 2016, Mr Al Amin was sentenced to a €20,000 fine and Akhbar Beirut to a €6,000 fine, which neither appealed. The Contempt Judge also ordered that both fines be paid in full by 30 September 2016. Mr Al Amin failed to pay his fine. After a number of measures to enforce the sentence

Did you know?

The STL is the first tribunal of its kind to deal with terrorism as a distinct crime, which has been described by UN Security Council Resolution 1757 as a “threat to international peace and security”. The STL applies the Lebanese legal definition of terrorism, of which an element is the use of means that are “liable to create a public danger” (Art.

314 of LCC), such as explosive devices, inflam-mable materials, toxic or corrosive products and infectious or microbial agents. The STL Appeals Chamber ruled on 16 February 2011 that the list of means is illustrative, rather than exhaustive. It also defined terrorism as an international crime for the first time.

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had been taken, following various orders from the Contempt Judge, the full amount of €20,000 fine was deposited with the Registry of the Tribunal on 14 August 2018.

For more information on the STL contempt cases click here.

Did you know?

The 20,000 Euro fine paid in the STL-14-06 contempt case will be used to facilitate the attend-ance victims participating in the Ayyash et al.

proceedings to attend trial hearings at the STL in Leidschendam.

Major Decisions and Filings

F3745, Order in Relation to Head of Defence Office’s Observations of 1 October 2018, 5 October 2018;

F3754, Decision on Legal Representatives of Victims’ Application to Withdraw One Participating Victim from the Proceedings, 27 November 2018.

STL-11-01 Facts and Figures

Witnesses Total: 307In person (Viva Voce): 129

In The Hague: 75Via Video Teleconference (VTC): 48In The Hague and via VTC: 6

Written statement: 201, of whom 23 also testified in person

Exhibits Total: 3131

Prosecution: 2487

Defence: 599

Ayyash: 39Badreddine: 90Merhi: 73Oneissi: 157Sabra: 240

Legal Representative of Victims: 45Filings Total: 4853

Decisions Total: 1516Pre-trial Judge: 361

Written: 361 Trial Chamber: 1100

Written: 764 Appeal Chamber: 55

Written: 55Delivered in Court: 0

Delivered in Court: 306

Delivered in Court: 0

Victims Participating in the Proceedings Total: 71, 43 of whom have attended the proceedings

Understanding the TestimonyFor an overview of some of the technical terms and concepts at issue in Ayyash et al. – such as call data records, cell site analysis, attribution, and more – please consult “Primer on Telecom-munications Evidence - Guide to understanding the testimony in Ayyash et al.”

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Understanding the Testimony in Ayyash et al.

Alleged Telephone Networks, Groups, and Subgroups

The Prosecution relies on telecommunications evidence to prove that former Prime Minister Rafik Hariri was under surveillance by the Accused in the months before his assassination on 14 February 2005.

The Prosecution alleges that five interconnected mobile telephone networks/groups, including two relevant subgroups, were involved in planning, preparing, and executing the 14 February 2005 attack. For ease of reference, the Prosecution has coded the networks/groups by colour.

“Principal Six”Members carried Red, Blue, and Yellow phonesAlleged Members: Mr Ayyash and unidentified Subjects 5, 6, 7, 8, and 9 (note: Subjects 5 and 7 did not carry Yellow phones)

“Balance of Nine”9Members carried nine of the fifteen Blue phones (distinct from the “Principal Six”)Alleged Members: Unidentified Subjects 12, 13, 14, 18, 19, and 23, along with three other unidentified individuals

REDnetworkbAlleged Purpose: Preparing for the attack, including observing Mr Hariri’s movementsAlleged Members: The “Principal Six” (including Mr Ayyash)

Alleged Purpose: Planning the attack, including the surveillance of Mr HaririAlleged Members: The “Principal Six” (including Mr Ayyash) and the “Balance of Nine”

BLUEnetworkb

Alleged Purpose: Monitoring and coordinating attack preparations, including preparing the false claim of responsibilityAlleged Members: Messrs Ayyash, Merhi, and former Accused Mr Badreddine

GREENnetworkbAlleged Purpose: Preparing for the attack, including observing Mr Hariri’s movementsAlleged Members: Four of the “Principal Six” (Mr Ayyash and Subjects 6, 8, and 9), and nine other unidentified individuals

YELLOWnetworkb

Alleged Purpose: Coordinating the false claim of responsibilityAlleged Members: Messrs Merhi, Oneissi, and Sabra (additionally, “Associate Purple” tele-phones were in contact with the Purple group)

PURPLEgroupb

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REDnetworkbPhone Attributed User*RED 741 AYYASH

RED 636 SUBJECT 5

RED 678 SUBJECT 6

RED 946 SUBJECT 7

RED 893 SUBJECT 8

RED 652 SUBJECT 9

BLUEnetworkbPhone Attributed User*BLUE 233 AYYASH

BLUE 585 SUBJECT 5

BLUE 610 SUBJECT 6

BLUE 324 SUBJECT 7

BLUE 817 SUBJECT 8

BLUE 864 SUBJECT 9

NINE OTHERS UNKNOWN INDIVIDUALS

GREENnetworkbPhone Attributed User*GREEN 023 BADREDDINE

GREEN 300 AYYASH

GREEN 071 MERHI

YELLOWnetworkbPhone Attributed User*YELLOW 294 AYYASH

YELLOW 669 AYYASH

YELLOW 457 SUBJECT 6

YELLOW 933 SUBJECT 8

YELLOW 024 SUBJECT 9

NINE OTHERS UNKNOWN INDIVIDUALS

PURPLEgroupbPhone Attributed User*PURPLE 231 MERHI

PURPLE 095 ONEISSI

PURPLE 018 SABRA

Other phonesbPhone Attributed User*MOBILE 091 MERHI’S WIFE AND

OTHER FAMILY MEMBERS

PMP 354 BADREDDINE

PMP 663 BADREDDINE

SMP 944 BADREDDINE

PMP 165 AYYASH

PMP 935 AYYASH

PMP 091 AYYASH

PMP 170 AYYASH

GREY PHONE MERHI

* According to the Prosecutor

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STL Outreach Events

On 18 and 19 October, a training for lawyers on International Criminal Proceedings was organised with the support of the STL and in collaboration with the Tripoli Bar Association and Justice without Frontiers. More than 40 legal practitioners from Tripoli attended the event which was conducted by Judge Joana Korner and Q.C. Simon Laws, both experts in the field of international Justice.

On 11 October, STL President Judge Ivana Hrdličková gave a lecture at the Beirut Arab Univer-sity to more than 200 students and professors. She spoke about the “Evidence before international criminal tribunals and the specifics of evidence before the Special Tribunal for Lebanon”.

On 10 October, STL President, at the invitation of the American University of Science and Technology (AUST), met with Ambassadors and academics to update them on the latest judicial developments at the Tribunal and answer their questions.

On 9 October, a gathering with STL President and Vice-President was organised in collaboration with Justice without Frontiers. They updated a group of 30 non-governmental organizations on the latest judicial developments at the Tribunal and more specifically on the upcoming Judgement in the Ayyash et al. case following the end of trial hearings. .

The 7th edition of the IUP started at the end of October 2018 with the STL’s Registrar Daryl Mundis opening the first session with a lecture on “the History of the law of the international tribunals and sources of international criminal (procedural) law” to over 250 students who are currently enrolled.

In December, the IUP students benefitted from the presence of the STL Prosecutor Norman Farell in Lebanon, where he taught the students in person about the types of evidence before International Criminal Tribunals.

STL President Judge Ivana Hrdličková at the Beirut Arab University

STL President Ivana Hrdličková and STL Vice President Ralph Riachi briefing the NGOs

STL Prosecutor Norman Farrell teaching Lebanese IUP students in Beirut

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Press Releases

13 December 2018 - OTP Press Release - Pros-ecutor Norman Farrell Ends Working Visit to Lebanon

During the two days working visit, Prosecutor Farrell joined by his deputy met with their Leba-nese counterpart Prosecutor General Judge Samir Hammoud. It was an opportunity to discuss legal matters of common interest related to the mandate of the Office of the Prosecutor.

For more

12 November 2018 - Defence Office Press Release - The Sixth International Meetings of the Defence have taken place at the headquarters of the Special Tribunal for Lebanon

The Sixth International Meetings of the Defence were held from 8 to 9 November 2018 at the head-quarters of the STL in Leidschendam. They were organised by the Defence Office of the Special Tribunal for Lebanon (STL), with the support of the Association of Defence Counsel practising before the International Courts and Tribunals (ADC-ICT), the International Criminal Court Bar Association (ICCBA), and the Office of Public Counsel for the Defence at the International Criminal Court (OPCD).

For more

26 October - Defence Office Press Release - The Head of Defence Office concludes a working visit to Lebanon

The Head of Defence Office of the Special Tribunal for Lebanon (STL), Ms Dorothée Le Fraper du Hellen, has concluded her first official visit to Lebanon. She met with the President of the Republic, Mr Michel Aoun, the Prime Minister-designate, Mr Saad Hariri, and the Minister of Justice, Mr Salim Jreissati. Ms Le Fraper du Hellen also met with members of the diplomatic community in Beirut.

For more

17 October - Contempt case STL-14-06 against Mr Ibrahim Al Amin closed; enforcement of sentence against Akhbar Beirut S.A.L outstanding

Mr Ibrahim Al Amin has satisfied the sentence imposed on him by the Contempt Judge Nicola Lettieri on 29 August 2016. The fine of €20,000 was received by the Registrar of the Special Tribunal for Lebanon on 14 August 2018.

For more

12 October - STL President ends working visit to Lebanon

“My visit this week to Lebanon aimed at meeting with the Lebanese officials, the diplomatic commu-nity as well as the civil society to update them on the latest judicial developments at the Tribunal and more specifically on the end of trial hearings preceding the upcoming Judgement in the Ayyash et al. case”, said Judge Hrdličková.

For more

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Visits

During the months of October, November and December the STL hosted 10 groups of visitors from different countries. The visitors received presenta-tions on the work of the STL from representatives of the four organs; some groups had the opportunity

to tour the courtroom. The visitors also included a delegation of judges from Ecole Nationale de la Magistrature in France, a delegation of diplomats from the Saudi embassy and groups of university students.

Students from United States International University-Africa

Current Opportunities at the STL

Job Vacancies – Please refer to our website for regu-larly updated employment opportunities at the STL

Internships – The STL accepts internship applica-tions for placement in the Chambers, Office of the Prosecutor, Defence Office, and Registry on a rolling basis throughout the year.

National Junior Professionals - The National Junior Professionals Program (NJP) is established

to afford Lebanese postgraduates the opportunity to contribute to the work of the Special Tribunal for Lebanon (“STL”) in its Beirut Office, under the supervision and mentorship of a staff member within a receiving Section/Unit, whilst simultane-ously enhancing their professional development. For more information about the NJP program please contact stl-internships@un.org

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STL PICS Team wishes you a wonderful 2019!