The Lebanese Center for Human Rights (CLDH) is a local non-profit, non-partisan Lebanese human rights organization in Beirut that was established by the Franco-Lebanese Movement SOLIDA (Support for Lebanese Detained Arbitrarily) in 2006. SOLIDA has been active since 1996 in the struggle against arbitrary detention, enforced disappearance and the impunity of those perpetrating gross human violations.

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November 24, 2011

Al Akhbar - Funding or Sanctions: STL’s Hidden Ultimatum?, November 24, 2011


STL headquarters in The Netherlands. (Photo: al-Akhbar - Archive)
Published Thursday, November 24, 2011
He did not come out and say it clearly but the STL President David Baragwanath implicitly suggested that Lebanon either pay up its share of the tribunal funds or face UN Security Council sanctions.
Special Tribunal for Lebanon (STL) spokesman Martin Youssef told al-Akhbar on Wednesday that the purpose of the STL president's visit to Beirut was not related to the issue of funding, contradicting media reports preceding the visit.
Bargawanath’s visit to Lebanon came during the political flare-up over Lebanon paying it’s 49 percent share of the court’s expenses as per UN Security Council resolution 1757.
“This subject may be raised during the meetings that the President is holding with Lebanese officials, but the purpose of the visit is to get to know one another, and it has been planned since he assumed the presidency of the tribunal this past October,” Youssef said.
When asked whether the Lebanese government is cooperating with the STL, Youssef answered “absolutely.”
“The Lebanese government is cooperating with regard to security procedures and turning over court files of the relevant cases to the Hague with the necessary speed,” he said.
However, what President Baragwanath said while in Beirut was not quite as positive. In fact, his words contained an implicit threat to go to the UN Security Council should Lebanon choose not to fund the international court, and he alluded to sanctions that could be imposed on the country.
According to Lebanese sources that participated in the meetings held with Baragwanath yesterday, he was clear in stating that Lebanon must pay its required share of the STL’s expenses in order to avoid handing the issue over to the Security Council, which in turn can impose sanctions on the country.
Baragwanath and his deputy, Lebanese judge Ralph Riyashi, arrived to Beirut on Tuesday in his first visit to Lebanon, which is scheduled to last one week.
On Wednesday, he met President Michel Suleiman followed by a visit to Prime Minister Najib Mikati. Mikati repeated his government’s commitment to the STL, confirming “Lebanon’s respect for international resolutions, including resolution 1757, which relates to the international tribunal.”
Mikati added that the STL must work “within its legal framework, far from any partiality or politicization, taking into consideration observations made by some about certain aspects of the tribunal.”
STL chief prosecutor Daniel Bellemare has accused Hezbollah members of playing a role in the assassination of former prime minister Rafiq Hariri, while refusing to entertain the possibility of Israeli involvement.
In addition, the timing of some measures taken by Bellemare -- as Syria and the region are at a boiling point -- have raised suspicions among some that the prosecutor is playing politics with the tribunal.
Mikati’s mention of “observations made by some” was clearly a reference to criticisms made publicly by Hezbollah secretary general Hassan Nasrallah that were elaborated on by legal expert Salim Juraysati in August.
However, Mikati confirmed following his meeting with Baragwanath that he is taking the necessary measures to settle the issue of Lebanon’s share of funding in order to arrive at the appropriate decision within the required legal window.
According to the National News Agency (NNA), in what appeared to be a response to Mikati, Baragwanath pointed out that Lebanon is eleven months late in paying its share of the STL’s funding.
During his meeting with foreign minister Adnan Mansour, Baragwanath announced that issuing the funding “would prevent this case from going to the Security Council,” the NNA reported.
This implied threat to take matters to the UN was unexpected, since the tribunal had issued a statement from Baragwanath saying, “I am honored to visit a country of such great cultural and legal traditions.”
These words appear to have been meaningless, since despite its “great cultural and legal tradition,” Lebanon is apparently not allowed to oppose the implementation of an international resolution that violates its sovereignty and throws its constitution out the window.
The office of the trial chamber of the STL decided yesterday “to wait for the response of Lebanese authorities regarding their efforts to detain the Hariri assasination suspects before settling the issue of beginning the court proceedings in absentia.”
The chamber, which is headed by Judge Robert Roth and includes Lebanese Judge Micheline Braidi, demanded from chief prosecutor Bellemare “a report on the response of Lebanese authorities in this matter by a deadline of December 8.”
Bellemare’s office had urged Attorney General Said Mirza to come to the Hague to make a statement regarding the measures that he has taken to implement orders to detain four individuals belonging to Hezbollah that Bellemare has accused of having a role in the assassination. This happened during the meeting of the trial chamber in the Hague on November 11.
Judge Mirza had already submitted three detailed reports that explained measures taken to detain the suspects. However, Bellemare has expressed doubt about the contents of these reports by saying that they “show that Lebanese authorities have not taken all of the reasonable measures to detain the suspects,” leading the judges of the trial chamber to doubt Bellemare.
This article is an edited translation from the Arabic Edition.

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