By
Willow Osgood
BEIRUT:
The recent decision by Daniel Bellemare to resign as prosecutor for the Special
Tribunal for Lebanon before its second mandate is unlikely to change the
direction of the case but could affect its pace, according to legal and
political analysts.
Bellemare
announced this week that, for health reasons, he would not remain in his
position after the U.N.-backed court’s first three-year mandate ends in March.
He has served in the position since 2009 when he was appointed by U.N.
Secretary-General Ban Ki-moon.
Under
Bellemare, the court, which was established to investigate the 2005 assassination
of former Prime Minister Rafik Hariri, issued its first indictments in July, a
move that marked the transition from the investigative to the pre-trial phase.
According
to Imad Salamey, a professor of political science at the Lebanese American
University, the incoming prosecutor will face greater constraints than those
who previously led investigations, as he or she must proceed with the case
against people who have already been indicted.
The
focus of the investigation had shifted over the years from high-level Syrian
and Lebanese politicians and intelligence officers under Detlev Mehlis, the
first commissioner of the UNIIIC – the predecessor to the STL – to
investigations of financial institutions, with an eye to Syria, under Serge
Brammertz, to Hezbollah operatives and telecommunications evidence under
Bellemare.
While
further investigations could be conducted, especially if new evidence emerges,
there will be less room for the incoming prosecutor to shift the focus of the
investigation.
Many
analysts, however, expressed doubt that further indictments would take place
under Bellemare’s tenure, which means that the new prosecutor will be
responsible for evaluating evidence and deciding whether to proceed with
further indictments.
The
court has indicted Hezbollah members Salim Jamil Ayyash, Mustafa Amine
Badreddine, Hussein Hassan Onessi and Assad Hasan Sabra. The four are suspected
of carrying out the bombing which killed Hariri and 22 others, but further
indictments are expected for those who ordered the attack.
The
four men remain at large but the STL is the first international tribunal that
allows for trials to be held in absentia. During a November court hearing,
Bellemare said it was “premature” to proceed with an in absentia trial.
In
October, he handed Beirut a confidential document outlining further action that
could to be taken to locate and apprehend the accused. A follow-up report by
the prosecutor’s office on Lebanese efforts to find the four was due in court
Friday, but a U.N. spokesman told The Daily Star there was no timeline of when
that information could be made public.
According
to analysts, this is another area where Bellemare’s successor could exercise
discretion as he or she could be more or less willing to proceed with an in
absentia trial, though the decision ultimately rests with the court judge.
“A
new prosecutor could be more aggressive or conservative depending on his or her
philosophy and view of the case,” said Salameh.
According
to political analyst Carol Malouf, the transition “is only an administrative
procedure. The U.N. has a system in place: It’s not about the individuals, it’s
about the organization.”
She
argued, however, that the pace of proceedings could accelerate if the new
prosecutor is more willing to push the case forward.
“What
is clear is that members of the U.N. push certain agendas. Under
Secretary-General Kofi Annan, certain agendas were pushed, like the plan for
Cyprus which was called ‘the Annan Plan.’ A new prosecutor might affect the
pace of the trial,” she said. “We have to wait to see who is chosen.”
At
least initially though, the transition is likely to delay the start of the
trial, according to Salamey.
“In
principle, a change in prosecutor shouldn’t have any impact, but whenever you
have changes in prosecution, this means delay in the prosecution of the case,”
Salameh said. “A new prosecutor will have to review all the evidence that has
been presented in front of the court.”
“This
case is very sophisticated as it involves a number of different actors and the evidence
is complex,” he added.
But
such a delay will have little effect on the case compared to other factors,
said Hilal Khashan, a professor of political science at the American University
of Beirut. “It’s already taking some time with local and regional
complications, so the replacement of the prosecutor won’t make much difference.
“We are used to transitions
now. The tribunal has been going for years: We expect people to resign.”
http://www.dailystar.com.lb/News/Local-News/2011/Dec-17/157165-new-prosecutor-could-affect-pace-of-stl-trial.ashx#axzz1gtLKaQwu
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