BEIRUT: The legal teams of the United Nations-backed court investigating the assassination of former Prime Minister Rafik Hariri will have until next month to submit cases on in absentia trials against four Hezbollah members accused of the crime, the Special Tribunal for Lebanon announced Thursday.
The court’s Trial Chamber issued a scheduling order asking prosecution and defense counsels for suspects to present their cases by Nov. 2 and arranging a special hearing for the following week.
“It will be an opportunity for the defense and prosecution to submit their opinions whether or not to move to trial in absentia,” an STL spokesperson told The Daily Star. “They may bring other considerations to the Trial Chamber that they think are relevant.”
Prosecutor Daniel Bellemare released an indictment against Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra – all known Hezbollah operatives – in June. According to a cooperation agreement Lebanon signed with the court in 2007, Lebanese security forces are obliged to apprehend the accused, although the men have so far eluded authorities.
Former STL President Antonio Cassese, after it became clear the men were unlikely to hand themselves in within the 30-day limit set by the court, issued a public advertisement advising the suspects to seek legal counsel. Another 30-day deadline has now expired with no sign of the accused, which is why in absentia trials are now being discussed.
According to STL Rule 106(A), in absentia trials can commence provided the accused “has expressly and in writing waived his right to be present at proceedings before the Tribunal”; or “has not been handed over to the Tribunal by the state authorities concerned within a reasonable time”; or “has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his appearance before the Tribunal.”
With the definition of “a reasonable time” and “reasonable steps” being subject to interpretation, Lebanon has avoided harsh rebukes from Cassese and his replacement, New Zealand Judge Sir Daniel Baragwanath.
While State Prosecutor Saeed Mirza maintains authorities are doing all they can to apprehend the accused, Hezbollah Secretary-General Sayyed Hasan Nasrallah has vowed party members will not be arrested “even in 300 years.”
Court sources suggest that both court presidents have been keen to expedite the trial process, which looks increasingly likely to be conducted in absentia. In spite of no set timeframe for their commencement, it is thought trials could begin in mid-2012.
The court’s Trial Chamber issued a scheduling order asking prosecution and defense counsels for suspects to present their cases by Nov. 2 and arranging a special hearing for the following week.
“It will be an opportunity for the defense and prosecution to submit their opinions whether or not to move to trial in absentia,” an STL spokesperson told The Daily Star. “They may bring other considerations to the Trial Chamber that they think are relevant.”
Prosecutor Daniel Bellemare released an indictment against Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hassan Sabra – all known Hezbollah operatives – in June. According to a cooperation agreement Lebanon signed with the court in 2007, Lebanese security forces are obliged to apprehend the accused, although the men have so far eluded authorities.
Former STL President Antonio Cassese, after it became clear the men were unlikely to hand themselves in within the 30-day limit set by the court, issued a public advertisement advising the suspects to seek legal counsel. Another 30-day deadline has now expired with no sign of the accused, which is why in absentia trials are now being discussed.
According to STL Rule 106(A), in absentia trials can commence provided the accused “has expressly and in writing waived his right to be present at proceedings before the Tribunal”; or “has not been handed over to the Tribunal by the state authorities concerned within a reasonable time”; or “has absconded or otherwise cannot be found and all reasonable steps have been taken to secure his appearance before the Tribunal.”
With the definition of “a reasonable time” and “reasonable steps” being subject to interpretation, Lebanon has avoided harsh rebukes from Cassese and his replacement, New Zealand Judge Sir Daniel Baragwanath.
While State Prosecutor Saeed Mirza maintains authorities are doing all they can to apprehend the accused, Hezbollah Secretary-General Sayyed Hasan Nasrallah has vowed party members will not be arrested “even in 300 years.”
Court sources suggest that both court presidents have been keen to expedite the trial process, which looks increasingly likely to be conducted in absentia. In spite of no set timeframe for their commencement, it is thought trials could begin in mid-2012.
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