fifth annual report of special tribunal for lebanon

8/12/2019 Fifth Annual Report of Special Tribunal for Lebanon

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SPECIAL TRIBUNALFOR LEBANON

FIFTH ANNUAL REPORT

(2013-2014)

1 March 2014


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SPECIAL TRIBUNAL FOR LEBANON

FIFTH ANNUAL REPORT (2013-2014)


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Dear Prime Minister Salam,

Dear Secretary-General Ban Ki-moon,

It is my pleasure to submit the Fifth Annual Report of the Special Tribunal for Lebanon, as required byArticle 10 (2) of the Tribunals Statute. The report covers the period from 1 March 2013 to 28 February 2014,

and details the Tribunals achievements, challenges and overall progress in that time.

The report begins with Part I: Introduction, and Part II:A an account of the activities of Chambers. For each of

these sections, as well as Part III: Conclusions, I am responsible. The Principals of the other organsRegistry,

the Office of the Prosecutor and Defence Officehave contributed Parts II:B, II:C and II:D respectively.

The Tribunal has moved to the trial phase of its judicial functions. The Prosecution is presenting evidence at

trial in the Tribunals first case, Prosecutor v. Ayyash, Badreddine, Oneissi and Sabra; Defence counsel,

supported by the Defence Office, are actively ensuring the defence of the Accused; the interests of victims are

being advanced by the Legal Representatives of Victims; the Judges are adjudicating the matters before them.

The Registry is working hard to support a multitude of trial-related activities.During the reporting period, a second case came before the Tribunal. On 31 July 2013, the Pre-Trial Judge

confirmed an indictment against a fifth Accused, Hassan Habib Merhi, with respect to his involvement in the

attack which is the subject of theAyyash et al. proceedings. In December 2013, the Trial Chamber determined

that the conditions under our Statute and Rules of Procedure and Evidence to proceed with a trial in Mr

Merhis absence had been met. The Trial Chamber has since decided that it serves the interests of justice to

join theAyyash et al. and Merhicases.

The Tribunal has also engaged in other important judicial work. In April 2013, the Contempt Judge ordered a

confidential investigation into three incidents which could potentially be considered interference with the

administration of justice. Several decisions were issued in the El Sayedmatter. At this time, everything within

the Prosecutor's holdings that could be legally disclosed to Mr El Sayed has been made available to him. The

Office of the Prosecutor has continued its investigations into the attacks against Messrs Marwan Hamadeh,George Hawi and Elias El Murr, which the Pre-Trial Judge previously determined fall within the Tribunals

jurisdiction.

Of vital importance to its judicial work is the Tribunals commitment to informing the Lebanese people and

broader international public about that work, and supporting Lebanons wide-reaching efforts to promote the

rule of law. The Tribunals four organs continue to engage in an array of public communications and outreach

activities, with a special emphasis upon developing relationships with the legal and academic communities in

Lebanon, as well as civil society groups.

As we enter our sixth yearand the final year of our present mandatethe Tribunal will pursue the current

proceedings, make whatever response is warranted to the further initiatives described by the Prosecutor and

continue its outreach to the Lebanese community and others wishing to monitor our activities.

David Baragwanath

President


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PART IIICONCLUSIONS .................................................................................................................................. 43

A. Overview ............................................................................................................................................. 43

B. Our progress ....................................................................................................................................... 43

C. Expectations for the sixth year of STL activities ................................................................................. 43

D. Final observations ............................................................................................................................... 44


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PART IINTRODUCTION

Justice is one of the essential pillars of the rule of law. Alone it cannot solve the current problems in the

Middle East, but justice can and must play its part in restoring peace and security to Lebanon.

The condemnation of the killings that initiated the operations of the Special Tribunal for Lebanon(STLor Tribunal)in March 2009 was followed by a merciful lull in bombings. This respite provided a

reminder of the value of judicial process as among measures available to the Security Council under

Chapter VII of the United Nations Charter. But the resumption of bombing attacks has once again

imposed strains and pressures on Lebanon, a founding member of the United Nations.

The STLs task is to assist the strenuous efforts of the Government and people of Lebanonto reinforce

the rule of law through due process in the cases within our jurisdiction. The last year has seen

reinforcement of the STLs work by the moral and tangible contributions of Lebanon, the United

Nations Secretary-General, the Security Council and the international community at large. It has also

seen the beginning of the trial phase at the Tribunal. The support of Lebanon, numerous other States

and also the United Nations and other international institutions, has been crucial in reaching that goal.So too has the concerted effort of our personnel in Beirut, New York and The Hague.

The commencement of the Tribunals first trial is a watershed in our operations and activities. The

difficult path to this point has been recounted in previous annual reports. The opening of trial was

postponed for several reasons - these included the need to complete the evaluation and disclosure of a

mass of evidentiary material and for the Defence to be properly prepared. There has been energetic

work by the Prosecution, Defence and Legal Representatives of Victims to ensure due process.

The primary immediate task before the Tribunal is pursuing this initial trial, which began on

16 January 2014. The original four Accused are being tried in absentia in respect of the bombing

attack of 14 February 2005 which killed 22 people and injured 226 others. A fifth Accused has since

been joined to the proceedings.

The Tribunals Statute applies the highest standards of international criminal procedure and requires

public trial. The opening of the trial, with addresses by the Presiding Judge, Prosecutor, Defence

counsel and Legal Representatives of Victims, was attended by more than 100 accredited media

representatives, some 12 participating victims and numerous diplomatic and other visitors present in

the courtrooms public gallery.

Just as important, such trial demands reliable systems to allow it to be viewed at a distance by the

people of Lebanon as well as the rest of the world. The website was visited by nearly 15,000 people

from 92 countries during the opening days of trial, viewing some 54,000 pages. A quarter of these

visitors were from Lebanon. About 2000 viewed the proceedings live via external video screening andmany more via all but two of the Lebanese television networks.

The trial has provided an opportunity for people to observe the unfolding of the process that will

conclude with its verdicts. To date, members of the public have seen counsel opening the case for the

Prosecution, initial addresses by counsel for the participating victims and two of the Accused, then

witnesses testifying in the courtroom and by video-link from Beirut.


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Members of the public have seen the Presiding Judge and his Lebanese and international colleagues in

action; their role is to manage the trial with decorum so as to ensure that each party is fairly heard and

at a pace that allows all participants, including interpreters and other viewers, to follow it.

It is the obligation of the Tribunal to ensure that every effort has been made, and will continue to be

made, to ensure fairness in the cases which fall within its jurisdiction.

The commencement of trial has also revealed something of the size and nature of the task faced by the

Prosecution, Defence, Legal Representatives of Victims and the Judges of the Trial Chamber, all

supported by the Registry. It has been necessary not only to master the great volume of relevant

material but also to devise and apply the means to do so effectively and securely. In both The Hague

and Beirut the establishment of elaborate systems of security, data recording, translation and

interpretation into Arabic, English and French, as the three official languages of the Tribunal, are

indicative of the wide range of activities and procedures which have been required.

The trial is complemented by outreach and public affairs activities. Supplementary funding by voluntary

donors sustains visits to The Hague for Lebanese Judges, practitioners, scholars and students; the STL

international criminal law course opened its third year with 230 students from eight Lebaneseuniversities participating by video; and a leading international criminal law text is being translated into

Arabic. The merger of the Tribunalspublic affairs and outreach sections will increase both efficiency

and effectiveness in carrying out these and other important activities on behalf of the people of

Lebanon as the trial progresses.

The Lebanese publics widespread interest in the trial confirms their aspiration to justice and to the

rule of law. The STL is mandated to apply the due process to which historically, as also to both

democracy and international law, Lebanon has made outstanding contributions (not least by having

provided a disproportionately large share of the Roman law that underpins many modern legal

systems, the UN Charter and the Universal Declaration of Human Rights).

As ever, due process requires protection. On several occasions before the beginning of the trial the

identities of alleged confidential witnesses were published. These events have been met by

proceedings under a Tribunal Rule which punishes wilful interference with the STLs administration of

justice. The same Rule protects the Tribunal's Judges and officers against public defamation,

intimidation and threats. The Tribunal has acted forcefully in defence of its judiciary in the past, and

will do so in the future.

The Security Council has reaffirmed the need to combat the scourge of terrorism in all its forms and

manifestations, and by all means in accordance with the United Nations Charter and international law.1

As the first tribunal of its kind to deal with terrorism as a distinct crime, the STL maintains its

determination to do all in its power to fulfil its statutory mandate fairly and expeditiously, and in so

doing assist the people and institutions of Lebanon in their efforts to restore peace and security.

1Both generally, as by SC Res. 2133, UN Doc. S/RES/11262 (27 January 2014), and specifically in relation to Lebanon

(statements by the UN Secretary-General and the Security Council, 1 February 2014).


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PART IIMAIN ACTIVITIES OF THE TRIBUNAL

A. Chambers

1. Introduction

Judicial activity in the Pre-Trial, Trial and Appeals Chambers increased markedly in the past year.

Preparations for trial hearings in Prosecutor v. Ayyash, Badreddine, Oneissi and Sabraintensified, and in

October 2013 the Trial Chamber became officially seized of the case. Trial opened on 16 January 2014.

In July 2013, the Pre-Trial Judge confirmed an indictment in the Tribunals second case, Prosecutor v.

Merhi. Hassan Habib Merhi has been charged for his involvement in the 14 February 2005 attack whichis the subject of theAyyash et al. proceedings.

Decisions and orders were issued in a variety of incidental judicial matters, relating to potential

instances of contempt of the Tribunal, the El Sayedlitigation and staff appeals. The President, Judges

and Chambers staff also played an active role in the Tribunals external relations and outreach

initiatives.

2. Judicial activities

In the past 12 months, the Pre-Trial Judge, Trial Chamber, Appeals Chamber, President, ContemptJudge and Judge for Staff Appeals have all been engaged in judicial activities. Between 1 March 2013

and 31 January 2014, they collectively issued more than 260 decisions and orders, totaling over 3,000

pages.

Procedure

To comply with the Statutes primary requirements of fairness and (as far as is consistent with that)

expedition, the Tribunals Rules of Procedure and Evidence (Rules) draw on the best techniques of

international criminal law developed over the past 20 years. As in international criminal procedure, the

obligation to disclose relevant material to the Defence lies with the Prosecutor, rather than a juge

dinstruction. Here it is the task of a party or of counsel, rather than the Pre-Trial Judge (more aptly

explained in his French description,Juge de la mise en tat), to gather evidence.

In the courtroom witnesses may, as in some civil law systems, be questioned first by the Judges and

then by counsel. But if the nature of the file does not permit that course, the Trial Chamber may, in the

interests of justice, direct questioning first by counsel calling the witness, then by opposing counsel,

with judicial questioning at any stage but usually at the end. The latter course may be preferred where

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Composition of the Trial Chamber

On 9 September 2013, Judge Robert Roth resigned as a Judge of the Trial Chamber. The next day, the

President assigned Judge Janet Nosworthy, one of the alternate Judges of the Trial Chamber, to replace

Judge Roth. The Trial Judges then elected Judge David Re as the Chambers new Presiding Judge.

On 4 October 2013, the President dismissed a Defence motion requesting reconsideration and

rescission of his 10 September 2013 order composing the Trial Chamber. On 25 October 2013, the

Appeals Chamber held an application filed jointly by the Defence teams for Messrs Badreddine and

Oneissi against the Presidents order inadmissible. It further found the application frivolous and,

pursuant to Rule 126 (G) of the Rules, ordered the Registrar to withhold payment of fees associated

with the production of the application and the costs thereof.

On 13 November 2013, the Acting Presiding Judge of the Appeals Chamber, Judge Riachy, granted leave

to counsel for Messrs Badreddine and Oneissi to seek reconsideration of the Appeals Chambers

25 October 2013 decision with respect to two specific issues. On 10 December 2013, the Appeals

Chamber rejected this request, for reason that the Defence had not demonstrated that the decision

was erroneous and resulted in an injustice.

On 7 January 2014, Judge Nicola Lettieri, having been appointed by the UN Secretary-General as a

member of the Trial Chamber, was assigned to replace Judge Nosworthy as an alternate Judge.

Prosecutor v. Ayyash, Badreddine, Oneissi and Sabra

The trial of Messrs Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad

Hassan Sabra for their respective roles in the 14 February 2005 attack in Beirut began on

16 January 2014, after months of intense preparations. During the reporting period, written motions

and decisions covered a wide array of matters, including the substance of the indictment, disclosure,

pre-trial briefs, victims participating in the proceedings, witnesses, protective measures for victims andwitnesses, exhibits, cooperation with the Lebanese authorities and the conduct of trial proceedings.

Given the volume of decisions produced by Chambers in the reporting period, only some of the most

noteworthy will be referred to in this synopsis.

Amendments and challenges to the indictment

On 28 June 2011, the Pre-Trial Judge confirmed the Tribunals first indictment against Messrs Ayyash,

Badreddine, Oneissi and Sabra. Since then, the Prosecutor has sought leave from the Pre-Trial Judge to

update the indictment on several occasions.

On 12 April 2013, the Pre-Trial Judge authorised the Prosecutors requested amendments to the

indictment, and made the indictment dated 6 February 2013 operative. Counsel for

Messrs Badreddine, Oneissi and Sabra, on 2 and 3 May 2013, filed preliminary motions under

Rule 90 (A) of the Rules alleging defects in the form of the amended indictment. On 12 June 2013, the

Trial Chamber concluded that the challenges were without merit. The Trial Chamber held that the

amended indictment provided counsel with sufficient detail to inform them clearly of the nature and

cause of the charges against the four Accused, and to allow them to prepare a defence of the case.


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The Prosecutor filed a further amended indictment before the Pre-Trial Judge on 21 June 2013, which

was confirmed on 31 July 2013. A public redacted version of the 21 June 2013 indictment is available

on the Tribunals website.

The indictment was amended to clarify the Prosecutions allegations and to reflect aspects of the

attribution of phones, to demonstrate the interrelationship between certain phone activities and to

elucidate the structure of interconnected phone groups.

On 13 September 2013, the Trial Chamber dismissed three further Defence motions alleging defects in

the form of the 21 June 2013 indictment. On 9 October 2013, the Trial Chamber dismissed the

Defences requestsfor certification to appeal its decision.

Completion of pre-trial matters

Although the Pre-Trial Judge had initially set a tentative date of 25 March 2013 for trial to commence,

this date was postponed to allow Defence counsel adequate time to prepare. As explained in the

Fourth Annual Report, the Pre-Trial Judge reasoned that the Prosecution had not, at the start of 2013,

completed disclosing all relevant material to the Defence, and that Defence teams faced otherobstacles including technical problems, translation issues and outstanding requests for cooperation

from the Lebanese authorities. The trial was delayed to ensure the right of each Accused to a fair trial.

After inviting and considering submissions from the Prosecution, Defence counsel and Legal

Representatives of Victims, on 2 August 2013 the Pre-Trial Judge set 13 January 2014 as the new

tentative date for the start of trial. The Trial Chamber later moved this date back slightly, to

16 January 2014.

On 25 October 2013, the Pre-Trial Judge transferred theAyyash et al.case file to the Trial Chamber and

seized it of the case as required under the Rules. The case file comprised evidentiary material, relevant

correspondence, filings, transcripts and a detailed report setting out the parties arguments, points ofagreement and contention, a summary of important decisions and findings, and suggestions

concerning witnesses. The purpose of the comprehensive case file was to facilitate the Trial Chambers

preparations and conduct of trial.

On 17 December 2013, the Trial Chamber dismissed a motion filed by counsel for Mr Sabra (which was

joined by the other three Defence teams) to stay the proceedings. Counsels request was based on

Lebanon's alleged failure to cooperate with the Defence by not providing certain information. The Trial

Chamber held that the Defence had neither shown that the essential preconditions for a fair trial were

missing nor that there was insufficient indication that the issue would be resolved during the trial

process.

Start of trial

On 16 January 2014, the trial opened. In his opening statement, the Prosecutor expressed confidence

in the strength of the case against each of the four Accused. He explained that the Prosecution case will

be divided into three main parts. First, the Prosecution will present evidence about what happened in

and around the area of the explosion in Beirut on 14 February 2005. Second, it will lead evidence on

the preparation of the bombing, the purchase of the vehicle used in the attack and the acts and


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attempts to falsely attribute the attack. Third, the Prosecution will seek to ascribe responsibility to the

four Accused. The Legal Representatives of Victims made an opening statement on 17 January 2014, as

did counsel for Messrs Badreddine and Oneissi on 20 January 2014. The Head of Defence Office also

addressed the court. Twelve victims participating in the proceedings were present for the opening of

theAyyash et al. trial.

The Prosecution began presenting evidence in Ayyash et al. on 22 January 2014. To date, the Trial

Chamber has sat for 12 hearing days (in addition to three days of opening statements), and heard the

testimony of 15 witnesses (either in the STL courtroom or via video-conference link). The Chamber has

deemed the statements of 45 witnesses admissible, and admitted 186 exhibits into evidence (totalling

7,342 pages, as well as 29 physical objects).

Prosecutor v. Merhi

On 5 June 2013, the Prosecutor submitted a confidential and ex parteindictment to the Pre-Trial Judge,

alleging the involvement of Hassan Habib Merhi in the same events and crimes as those charged in the

Ayyash et al. case. On 31 July 2013, the Pre-Trial Judge confirmed the indictment against Mr Merhi and

issued an arrest warrant against him. On 6 August 2013, the Registrar confidentially transmitted theconfirmed indictment and accompanying arrest warrant to the Lebanese authorities.

The indictment remained confidential following confirmation to facilitate the Lebanese authorities

search for and apprehension of the Accused. On 6 September 2013, the Acting Prosecutor General of

the Lebanese Cour de cassationsubmitted a confidential report to the President, stating that despite

the exertions of the Lebanese authorities, Mr Merhi had not been located. On 24 September,

26 September, 3 October and 4 October 2013, the Acting Prosecutor General sent further reports to

the President to clarify certain issues.

On 10 October 2013, the President determined that the Lebanese authorities had made reasonable

attempts to personally serve Mr Merhi with the indictment. On this basis, the President authorisedalternative service of the indictment (including by means of public advertisement) under Rule 76 (E) of

the Rules. Also on 10 October 2013, immediately after the Presidents order, the Pre-Trial Judge

directed that the confidentiality of the indictment be lifted (subject to certain redactions being

implemented).

On 21 October 2013, the President issued a public statement, specifically addressing Mr Merhi and the

people of Lebanon. He invited Mr Merhi to consider whether he was prepared to face the Tribunal with

the help of the Defence Office and Defence counsel. He also sought the help and support of the

Lebanese public for the Tribunal to properly perform its tasks. The President issued a follow-up public

statement to Mr Merhi on 13 December 2013, reminding him of the serious charges he faces and

urging him to secure legal advice and to appoint a lawyer to represent him before the Tribunal.

On 25 November 2013, the Pre-Trial Judge seized the Trial Chamber with the question of trying

Mr Merhi in absentia. On 20 December 2013, the Trial Chamber held that the conditions stipulated by

Article 22 of the Statute and Rule 106 (A) of the Rules to try Mr Merhi in absentiahad been met. On the

same day, the Head of Defence Office assigned Mr Mohamed Aouini, registered at the Tunis Bar, as

lead counsel to represent the rights and interests of Mr Merhi.


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Staff appeals

The Tribunals Judges adjudicated a number of staff appeals during the reporting period. These appeals

related to certain administrative and disciplinary decisions of the Registrar. Chambers and Registry

personnel are working to make staff appeal judgments available to the Tribunals staff members (with

redactions, as appropriate, to protect the privacy of affected individuals). The aim of publicising staff

appeal decisions is to enhance transparency and to promote understanding of the legal principles

grounding decisions.

3. Regulatory activities

The President and other Judges reviewed and, where necessary, amended the Tribunals Rules and

ancillary legal texts in an effort to improve the efficiency and effectiveness of judicial activities.

(i) Rules of Procedure and Evidence

On 8 March 2013, a number of amendments to the Rules came into effect (after having been approved

by the Judges at a plenary meeting on 25 February 2013). A further amendment was published on

9 April 2013. The amendments were designed to improve and streamline the Tribunals procedures.

Amongst other things, they limited the time for filing certain motions, and facilitated the swifter

disposal of proceedings for contempt, obstruction of justice and joinder. Minor changes were

implemented to ensure harmonisation between the updated Rules and the Tribunals various Practice

Directions and internal codes.

On 28 October 2013, the Judges in plenary declined to approve further proposed amendments to the

Rules. The Judges maintained that Rule changes should only be implemented when absolutely

necessary.

(ii) Practice Directions, internal guidelines and codes

On 11 March 2013, the President issued the Practice Direction on Designation of Judges in Matters of

Contempt, Obstruction of Justice and False Testimony.

On 23 April 2013, the President issued a Practice Direction on Procedure for the Filing of Written

Submissions in Appeal Proceedings before the Special Tribunal for Lebanon. This document was

updated on 13 June 2013. On 14 June 2013, the President implemented revisions to the Practice

Direction on Filing of Documents before the Special Tribunal for Lebanon.

At the plenary meeting on 28 October 2013, the Judges approved certain revisions to the Directive on

Victims Legal Representation.


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4. External relations, outreach and other functions

(i) General

On 12 July 2013, the Judges of the Appeals Chamber unanimously re-elected Judge Sir David

Baragwanath of New Zealand as President of the Tribunal for a period of 18 months (starting

1 September 2013) and Judge Ralph Riachy of Lebanon as Vice-President, for the same time period.

The re-election of the President and the Vice-President was pursuant to Article 8 (2) of the Statute and

Rules 31 and 33 of the Rules.

In January 2014, the UN Secretary-General appointed Judge Nicola Lettieri of Italy as an alternate Judge

of the Trial Chamber. Judge Lettieri was sworn in as a Judge of the Tribunal on 15 January 2014, and

assumed his duties on a full-time basis on 25 February 2014.

Throughout the year, the President regularly met the Registrar, Prosecutor and Head of Defence Office

under Rule 38 (B) to ensure the coordination of the activities of the organs of the Tribunal. With thehelp of the Vice-President, the President also pursued his administrative roles under Article 10 of the

Statute.

(ii) External relations

Over the past year, the President regularly met members of the legal and diplomatic communities in

The Hague, Beirut and other capitals, and attended conferences and receptions relevant to the

Tribunals work.

In April and December 2013, the President visited Lebanon. On each occasion, he met leading politicaland diplomatic figures, including the President of the Republic of Lebanon, the caretaker Prime

Minister, the Prime Minister designate and representatives of the Tribunals Management Committee.

He also met members of the judiciary, including the President of the Lebanese Cour de cassation, the

Acting Prosecutor-General of the Cour de cassationand the Btonnier and members of the Beirut Bar

Association.

On 6 May 2013, the President met the new Secretary-General of the China Education Association for

International Exchange (CEAIE). The CEAIE and the Tribunal had signed a Memorandum of

Understanding in December 2012 to increase opportunities for Chinese law graduates to intern at the

Tribunal.

On 14 May 2013, the President met in New York the UN Under-Secretary-General for Legal Affairs and

the Chair of the Management Committee. The purpose of these meetings was to provide updates on

the Tribunals current and upcoming activities, their expected duration and necessary resources.

On 30 May 2013, the President attended in The Hague a meeting with the President of Germany and

leading representatives of the international courts and tribunals.


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On 19 and 20 June 2013, the President met in Switzerland the Legal Advisor of the Swiss Foreign

Ministry, the Chief of the Rule of Law and Non-Discrimination Branch of the UN Office of the High

Commissioner for Human Rights and the President of the International Committee of the Red Cross.

The purpose of these meetings was to increase awareness of the Tribunal amongst Geneva-based

international and inter-governmental organisations, and to explore avenues of cooperation and

coordination.

On 28 August 2013, the President, Prosecutor, Registrar and Head of Defence Office briefed the

UN Under-Secretary-General for Legal Affairs on the Tribunal's activities. On 27 September 2013, the

President gave an address at the Special Court for Sierra Leone's diplomatic briefing. On 29 November

2013, the Tribunals diplomatic briefing was hosted by the Canadian Ambassador at his residence. On

this occasion the President thanked the diplomatic community for its support and outlined the

Tribunals objectives in the approach to its first trial.

(ii) Outreach activities

In April 2013, the President and two Judges of the Trial Chamber, Judge Janet Nosworthy and

Judge David Re, engaged in a number of significant outreach activities in Beirut. When on mission in

Beirut in December 2013, the President and Vice-President took part in further outreach events,

including round table discussions and presentations on the STLs work. (See page 23 for further

information.)

On 5 November 2013, the Vice-President made a presentation in Beirut to a delegation of 80 Iraqi

lawyers from the Baghdad Bar Association. As in previous years, on 13 November 2013, the President

gave the inaugural lecture of the Third Inter-University Programme on International Criminal Law and

Procedure. This programme (which is detailed on page 23) is a joint initiative of the Tribunal, the Asser

Institute in The Hague and eight Lebanese Universities.

On 6 December 2013, the President attended the annual opening ceremony of the Paris Bar.

Throughout the reporting period, the Judges and Chambers staff gave numerous presentations on the

Tribunals mandate and activities to lawyers, students and others visiting the Tribunal.

The Judges and Chambers staff also prepared a fully-indexed summary of the Tribunals most

important decisions of 2012. The 2012 Casebook will soon be available online and in print, in the

Tribunals three official languages. The 2012 Casebook was preceded by Casebooks for 2009-2010 and

2011, which are both available on the Tribunals website.

5. Management of resources

The demands upon Judges and Chambers staff increased significantly during the reporting period.

Despite this, Chambers did not seek additional financial, human or other resources to meet its

expanding workload. Chambers judicial activity will inevitably increase further in the next reporting

period with the regular presentation of evidence in theAyyash et al. case.


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Despite Chambers growing workload, the Presidents long-established policy of fiscal prudence will not

be relaxed. The Judges are assisted by small teams of legal officers and support staff; additional staff

members are onlyand will only behired on temporary contracts when absolutely necessary.

6. The Way Forward

In the next reporting period, the President and other Judges plan to:

(i) advance trial proceedings against the five Accused in Ayyash et al., whilst carefully balancing

considerations of expedition and the rights of the Accused;

(ii) fairly and swiftly dispose of judicial activities which are subsidiary to the Tribunals core

mandate (eg, contempt proceedings and staff appeals);

(iii)expand Chambers role in outreach initiatives, in order to promote deeper understanding of

the Tribunals work in Lebanon and beyond;

(iv)maintain and strengthen relationships with the Tribunals legal, political, academic and civil

interlocutors in Lebanon;

(v) engage with States to ensure continued financial and political support for the Tribunals work;

and

(vi)encourage the wider availability of the Tribunals jurisprudence in all three official languages by

various means, including the publication of annual casebooks.


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B. Registry2

1. Introduction

According to Article 12 (1) of the Statute, the Registry, under the direction of the Registrar, is

responsible for the necessary administration and servicing of the Tribunal. The Registry is mandated to

provide support to the Chambers, the Office of the Prosecutor (OTP)and the Defence Office in order

to facilitate their functioning and ensure that the Tribunal is in a position to expeditiously carry out its

mandate in the most cost-efficient fashion.

In the past 12 months, the Registrar focused on ensuring that all sections under his responsibility were

ready for the start of trial. In addition, the Registry continued to assist the Chambers, the OTP and the

Defence Office in areas including translation and interpretation, administration, information

technology, security, press and information and outreach, as well as to facilitate their preparations for

trial. The Registry also supported the on-going contempt investigation currently before the Contempt

Judge. Finally, the Registry ensured that fiscal restraint was exercised throughout the Tribunal in order

to operate with utmost efficiency and with minimal costs. The Tribunal was able to continue its work

thanks to the contributions of Lebanon, other donor States and the European Union.

2. Judicial support

(i) Court management

The Court Management Services Section (CMSS) supported the Chambers, the OTP, the DefenceOffice and other participants in the proceedings with the filing of submissions and orders in the Ayyash

et al. and Merhicases, the Matter of El Sayed andthe connected cases. CMSS was also responsible for

the organisation and smooth running of the hearings. Finally, CMSS continued drafting documents

detailing internal procedures to be followed for the efficient administration of justice.

During the reporting period, CMSS processed 996 filings, corresponding to 213,976 pages of official

court documents. Many of those filings were translated into all three official languages of the Tribunal.

In 2013, CMSS provided support for four status conferences and two pre-trial conferences in the

Ayyash et al. case, three meetings convened pursuant to Rule 91 (D) and (E) of the Rules3 and one

contempt hearing. CMSS also provided support for two plenary meetings in February and one in

October 2013. In total 29 transcripts were produced and distributed.

2This section has been prepared by the Registrar.

3Rule 91 of the STLs Rules relates to the Preparation and Implementation of Working Plan during the pre -trial phase of the

judicial proceedings.


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In 2013, following a partial Registry restructuring, the Archives, Records and Library Unit was placed

under the responsibility of the newly created Information Services Section, whilst a new document

management team was created within CMSS. The aim of that team is to process translation requests

ensuring accurate prioritisation and duplication avoidance. The team cancelled translation requests for

12,869 pages, thus saving 4340 translator working days or EUR 817,488.

In 2014, CMSS started providing regular hearing support for the trial which started on 16 January.

In order to be in a position to ensure the necessary organisational and logistical support for court

proceedings with minimal staff, CMSS continued to pursue a flexible combination of staff recruitment,

cross-training of staff to cover multiple functions and outsourcing of courtroom support, such as court

reporting.

(ii) Language Services Section

The Tribunals Language Services Section (LSS)operates at the seat of the Tribunal and at the Beirut

Office. LSS provides language services to all organs in the Tribunals three official languages (Arabic,

French and English) and other languages, as required.

During the reporting period, interpretation services were provided in support of on-going investigations

in the field, courtroom hearings, as well as outreach, press and training events. Over the last year,

those services amounted to 384 interpreter-days. LSS also assisted with the transcription of audio

recordings totaling 9,488 audio-minutes and provided language assistance in various forms on a large

scale.

Demand for translation considerably exceeded expectations over the reporting period. Translation

amounting to 39,055 pages was delivered by LSS based on a translation prioritisation scheme set by the

Registrar.

Activities were also conducted to ensure LSSs preparedness for the commencement of trial. These

included: restructuring the section; consolidating (technical) terminology for use at trial; conducting a

comprehensive programme of short, targeted training sessions for LSS staff; relocating an additional

Beirut-based staff interpreter to the seat of the Tribunal; recruiting three additional staff interpreters;

conducting a two-week induction programme for staff interpreters; large-scale testing, selecting and

ensuring security-clearance of external corporate and individual language service providers; expanding

the LSS roster of qualified, security-cleared freelance language professionals to 243; implementing

encryption software to facilitate processing of confidential material off-site; cooperating with other

international courts and organisations, in the areas of training, staff loans (from both the United

Nations Offices in Geneva and New York) and policy development. LSS has continued to face challenges

in recruiting competent senior language staff, particularly those with Arabic language skills, but it has

been striving to overcome those difficulties with the support of the Human Resources Section.4

4All figures provided by LSS are accurate as of 28 February 2014.


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(v) The Information Services Section

In 2013, the restructured Information Services Section (ISS) assumed responsibility for Information

Management, Information Technology and Information Security. Having the three pillars of information

services under the umbrella of one section allowed the Tribunal to better address the challenges

associated with the beginning of daily trial activities.

The Legal Workflow System, which manages the information and processes of the Tribunals judicial

functions, was enhanced to include several new modules directly related to judicial activities, such as: i)

Evidence Handling Module, used for preparation, presentation and recording of evidence and exhibits

within the courtroom; ii) Case Management Module for analysis of case-materials and entities with a

view to preparation of a 'Final Brief; iii) Introduction of Reporting Facilities Module; iv) Transcript and

Oral Order Modules to record and distribute transcripts and oral orders.

A new multi-channel/multi-lingual 'location-flexible' remote witness testimony system was deployed.

This new system can facilitate interpretation, collaboration and protective measures for witnesses

testifying from a remote location.

In order to support the high number of translations and improve information security during transfers,

a new 'Secure File Transfer' system was put in place to enable the LSS to exchange work related

materials in a secured, controlled and audited manner.

During the reporting period, the ISS also began establishing an Information Management plan for the

Tribunal, including the Official Records and Digital Preservation strategy. This effort was conducted in

consort with the four organs of the Tribunal and great progress was made in moving closer to the vision

of the Tribunal's future legacy.

During the reporting period, the Library carried out its preparations for the start of trial. This included a

review and update of its Lebanese legal collection, both in print and digital form. At the same time, theLibrary continued to strengthen its collection of international law publications that currently provides

access to 6,617 books and articles. Furthermore, in order to provide efficient access to its growing

collection, the Library carried out a complete redesign of its intranet site. To maximise the use of

resources, the Library participates in the UN System Electronic Information Acquisition Consortium. The

Library has also cooperated with the STLs effort to make its jurisprudence as widely available as

possible and participated in activities aiming to provide all STL public documents for inclusion in the

International Criminal Courts Legal Tools database.

(vi) Public Information and Communications Section

In October 2013, the Registrar, in consultation with the other Principals5, decided to combine the Public

Affairs Section and the Outreach and Legacy Section. This merger was intended to improve

coordination and generate operational efficiencies that will allow the Tribunal to more effectively

communicate its messages and to reach out to its primary target audience: the Lebanese people.

5The Principals of the Tribunal are the President, the Prosecutor, the Registrar and the Head of Defence Office.


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The new section, called the Public Information and Communications Section (PICS), encompasses all

the activities that were previously carried out by the Public Affairs Section and the Outreach and Legacy

Section. Channels of communication built in previous years will be maintained, strengthened and

extended to include all segments of Lebanese society. PICSs objective is to understand the concerns

and expectations of the local stakeholders, identify misconceptions about the Tribunals work and to

clarify, or correct, them where necessary.

Outreach and Legacy

Throughout the past year, Outreach continued its strategy of explaining the work of the STL within the

broader context of international justice.

In coordination with all organs, a number of activities were organised in Lebanon. Those were often

timed to coincide with visits by the Principals or Judges in order to minimise costs. In January, the then

Registrar Mr von Hebel held a round table with lawyers and members of the Beirut Bar Association

Executive Council. He also gave a lecture about international criminal justice to approximately 80

Judges. In April, Judges took part in several events in Beirut including a round table on internationalcriminal tribunals at the Beirut Bar Association and a discussion meeting with around 70 Lebanese

Judges about the role of the judiciary in international and hybrid tribunals and in domestic courts. In

May, the then Acting Registrar, Mr Mundis, met with representatives of Lebanese NGOs. In December

2013, the President and the Vice-President held a lecture at the Notre Dame University. The President

also participated in a conference entitled Dialogue between Judges at the Universit Saint Esprit de

Kaslik (USEK).

The Inter-University Programme on International Criminal Law and Procedure, launched in November

2011, continued for a second and third academic year. The programme is aimed at law students in

Lebanese universities and is provided at no cost to them. It is organised by the Tribunal in cooperation

with the Asser Institute in the Netherlands and eight universities in Lebanon.

6

In February, thePresident launched the second academic year with a lecture on the history of the law of international

tribunals and, in November, the third academic year began with another lecture by the President. A

graduation ceremony was held in July for 109 students and the 26 best students visited the Tribunal

later in the year. The Tribunal also hosted a visit to The Hague by 13 deans and professors from the

Lebanese universities that participate in the programme.

Screenings of a video on international criminal proceedings started in October in an attempt to

familiarise audiences in Lebanon with the various stages of the proceedings in international courts and

tribunals, including the Tribunal. In 2013, three screenings took place for academics and legal

practitioners and included presentations by the Vice-President of the Tribunal.

6 Universities participating include American University of Science and Technology, Beirut Arab University, Notre Dame

University, American University Beirut, Universit La Sagesse, Universit Libanaise, Universit Saint-Esprit de Kaslik and

Universit Saint-Joseph. The course was delivered via video-streaming with lecturers in The Hague and students in the

auditoriums at one of the participating universities.


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Press Office

During the reporting period, the Tribunal remained of particular interest to the Lebanese media. There

continued to be spikes in coverage at the time of substantial developments in the Tribunals work

most notably when an indictment against Mr Merhi was confirmed, when a trial date was set in Ayyash

et al. and in the weeks leading up to the start of trial on 16 January 2014. The Tribunal remains at all

times a topic of discussion in the press and on TV news shows.

The Press Office estimates that journalists asked approximately 1,500 questions to the spokesperson in

2013. The vast majority of these came from Lebanon. This was in addition to hundreds of email

exchanges with reporters, and several visits by press office staff to Beirut and the region. Press

briefings were also held in Paris and Geneva as part of a broader strategy to increase the offices

engagement with the Francophone media.

In preparation for the start of trial, from 6 to 13 January 2014, the spokesperson traveled to Beirut to

meet with journalists and senior editors. On 6 January 2014, the Press Office held a seminar for

journalists in Beirut to provide information on the judicial procedures, as well as practical informationto assist journalists with their reporting of the start of trial. The Press Office also facilitated interviews

held by the Prosecutor and the Registrar in the weeks prior to the start of trial.

On 16 January 2014, the STL welcomed more than 100 media representatives and 80 other visitors to

the STL building for the opening of trial proceedings. Dozens of interviews were held by the STLs

spokesperson on that day with journalists from Lebanon, the region and international press.

Public Affairs

The Tribunal website received more than 231,000 visits in 2013. The highest number of these visitors

came from the Netherlands, followed by Lebanon. On 16 and 17 January 2014, during the openingstatements of the Tribunals first trial,the website was visited by nearly 15,000 individuals. Of these a

quarter came from Lebanon, with two other countries from the MENA region in the top ten. In

addition, 2,000 people from 92 countries followed the Tribunals proceedings through the websites

external streaming feature on the first day of trial. In Lebanon, the opening statements were also

broadcast live on most Lebanese TV networks.

The Tribunal also continued to develop its social media strategy. In addition to our already existing

social media tools (Twitter, YouTube, Flickr, and Scribd) an official Tribunal Facebook page was

launched in February 2013. This has allowed the Tribunal to reach out directly to the Lebanese general

public. The Tribunal Twitter account continued to be one of the most potent devices for

communication and it doubled its followers during the year.

Printed publications

Due to the increase in judicial activities PICS started producing a Judicial Brief, a regular report which

summarises the latest judicial developments at the Tribunal. The Brief is widely distributed in Arabic,

English and French and is particularly geared to the press, as well as members of the diplomatic and

legal communities.


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A series of publications was also finalised in 2013, in preparation for the start of trial. Those

documents, which are available on the Tribunalswebsite, cover a wide range of information about the

Ayyash et al. case, including case information sheets, the actors in the courtroom, the rules of the

public gallery and guidelines for journalists covering the trial.

Visits

The Tribunal continued to welcome hundreds of visitors to the seat of the Tribunal. In 2013, the

Tribunal organised visits for more than 60 groups, including universities from Austria, Belgium, Finland,

France, Germany, Ireland, Italy, the Netherlands, Switzerland, the United Arab Emirates, the United

Kingdom and the United States. The Tribunal also hosted other groups, including of Libyan, French and

Spanish magistrates, a delegation of magistrates and Government lawyers from the Algerian Diplomatic

Academy, and a delegation of Russian and Chinese professors.

3. Immediate Office of the Registrar

Mr Daryl Mundis was appointed asRegistrar of the Tribunal in July 2013. He had been serving as Acting

Registrar since 18 April, following the departure of Mr Herman von Hebel. Ms Amelie Zinzius was

appointed as DeputyRegistrar in December 2013.

(i) External relations

Throughout the reporting period, bilateral meetings were held by the Office of the Registrar with

representatives of the diplomatic community in The Hague, Beirut, New York and elsewhere to update

on the Tribunals work in the lead up to trial and to seek continued cooperation and support.

In May 2013, the Acting Registrar, Mr Mundis, travelled to Beirut to introduce himself to Tribunal staff

in the Tribunal Office, the Lebanese authorities and members of the diplomatic community. Mr Mundis

discussed the Tribunals recent developments and expressed his appreciation for the continued

cooperation and support provided by the Government of Lebanon. In addition, he participated in a

number of outreach activities. Follow up visits took place by the Registrar in mid-September, and at the

end of October 2013.

In The Hague, regular briefings were held with representatives of the diplomatic community, including

a diplomatic briefing hosted by the Canadian Ambassador on 29 November 2013. In addition, on

6 June 2013, Mr Mundis traveled to Brussels to meet with representatives of the diplomatic

community, including the European Union, and to brief NGOs and members of the press on the

Tribunals work.

In April 2013, Mr Von Hebel and Mr Mundis traveled to New York to provide updates on the Tribunals

work, including its financial situation. In October 2013, Mr Mundis traveled to New York to present the

Tribunals 2013 budget to the Management Committee. During both missions, a total of 45 meetings

were held with Management Committee members, Regional States, UN Departments, the Group of

Interested States and the European Union.
http://www.stl-tsl.org/en/1-glossary/142-registrarhttp://www.stl-tsl.org/en/1-glossary/142-registrarhttp://www.stl-tsl.org/en/1-glossary/142-registrarhttp://www.stl-tsl.org/en/1-glossary/142-registrar


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The Registry also enjoyed the continued cooperation of the Government of the Netherlands, including

support in relation to the Tribunals premises, external security, the issuance of visa and residency

permits and other matters.

(ii) STL premises outside the Netherlands

Beirut Office

In the past year, the number of Tribunal staff members posted in Lebanon remained at 60, in order to

cater for the continued high pace of work in the Beirut Office. Regular missions to Lebanon by Hague-

based staff and Principals of the Tribunal ensured that all four organs of the court were represented in

the Beirut Office during the year.

The Office supported visits by Principals and staff from the Chambers, the Registry, the Office of the

Prosecutor and the Defence Office, as well as the amicus curiaeteam. In addition, the Registry in Beirut

continued to provide the necessary administrative and security assistance to the work of resident

Prosecution and Defence staff. Finally, the Registry's own Beirut-based activities continued to expand in

the areas of Outreach, Victims Participation andthe Victims and Witnesses Unit. The Beirut Office also

supported the Court Management Services Section, as preparations were made to hear evidence

remotely from the Beirut Office during the trial.

Throughout, the external relations function of the Beirut Office remained a key element of the

Registrys work in Beirut. The announcement of a trial start date also increased attention on the

Tribunal which in turn led to heightened external relations activity in addition to the numerous regular

meetings and background briefings held with the diplomatic community, government officials and UN

representatives.

New York Liaison Office

Throughout the reporting period, the TribunalsNew York Liaison Office supported the Management

Committee in its consideration of the Tribunals financial and administrative matters, including by

providing background information and responding to the queries of the Management Committees

members. The Liaison Office also regularly updated the Committees members about the progress of

the Tribunals judicial proceedingsand other relevant developments. The Liaison Office continued to

offer political advice to the Registrar and to coordinate fundraising and diplomatic efforts in New York.

It also ensured that interested States, UN departments and NGOs were informed of the work and

challenges of the Tribunal. Finally, the Liaison Office organised and supported visits of representatives

of the Registry and the Chambers to New York and Washington throughout the year.

(iii) Inter-tribunal cooperation

The Tribunal enjoyed the continued cooperation of the international courts and tribunals based in The

Hague, including the International Criminal Court, the International Criminal Tribunal for the former

Yugoslavia and the International Court of Justice. Areas of cooperation included the joint organisation

of various training sessions and outreach events, loaning staff members on a reimbursable basis,


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providing technical support, assisting in language services as well as inter-library loans. Such mutual

assistance contributed to internal cost efficiencies. The Tribunal also assisted the Special Court for

Sierra Leone, which co-located in the Tribunal building for the Charles Taylor trial, with its transition

into the Residual Special Court for Sierra Leone.

4. Administrative support

(i) Budget and funding

The approved Tribunal budget for the period 1 January - 31 December 2013 amounted to

EUR 59,972,672. The approved budget for 1 January - 31 December 2014 is just under the 2013

amount, totaling EUR 59,891,848. As in previous years, the 2014 budget is based on a number of

parameters that have been formulated following intensive consultations with the Principals of all

organs. While the 2014 Budget contains a number of activities which would have led to an increase

(such as additional hearing days, additional legal aid costs and the contempt case), these have beencompletely offset by a number of measures aimed at reducing costs or limiting further cost increases.

These measures focused on areas that would have the least negative impact on judicial activities and

related support operations thus allowing the Tribunal to commence trial on 16 January 2014.

Since the Tribunals inception, 28 countries and the European Union have contributed to the Tribunal,

either through voluntary contributions or in-kind support. The countries that have contributed, in

addition to Lebanon, include: Australia, Austria, Belgium, Canada, Croatia, Czech Republic, Denmark,

Finland, France, Germany, Hungary, Ireland, Italy, Japan, Luxembourg, the Netherlands, New Zealand,

Regional States, the Russian Federation, Sweden, the Former Yugoslav Republic of Macedonia, Turkey,

the United Kingdom, the United States and Uruguay.

In the first half of 2013, the Tribunals External Auditor conducted its fourth audit of the Tribunal. In

June, the External Auditor issued its report, providing an unqualified audit opinion on the Tribunals

2012 financial statements. In 2013, the Tribunal also established a framework for Enterprise Risk

Management, establishing high level risk registers for each organ, and the organisation as a whole.

(ii) Recruitment of staff

As of 31 December 2013, a total of 394 staff were employed by the Tribunal, of whom 60 are located in

the Beirut Office. Over 60 nationalities are represented at the Tribunal. Fifty-eight staff are of Lebanese

nationality, representing 15% of the staffing total. The staffs gender distribution is 41% female and

59% male.

In addition, a total of 74 interns participated in the work of the Tribunal during the year. Efforts

continue to increase the interest of Lebanese students to apply to the programme. Out of the

74 interns, 48 were unfunded.


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In 2013, the National Visiting Professionals programme continued successfully, with four Lebanese

lawyers participating in the programme during the year.

5. The Way Forward

In the coming year, the Registrars priorities will remain as ensuring that the Tribunal receives the

financial support and cooperation required to fulfil its mandate. In particular, he will focus on:

(i) ensuring that the Registry sections responsible for providing support to the judicial proceedings

continue to support trial activities;

(ii) continuing to provide support to the Chambers, OTP and Defence Office;

(iii) ensuring that fiscal responsibility is exercised throughout the Tribunal and ensuring that the

Tribunals operations are undertaken with utmost efficiency and with minimal costs;

(iv) implementing the Tribunals fundraising strategy;

(v) continuing to seek arrangements with States on the relocation of witnesses and the

enforcement of sentences; and

(vi) enhancing press, outreach and legacy activities in Lebanon and elsewhere with a view to

providing accurate and timely information about the next stages in the Tribunals work.


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C. Office of the Prosecutor7

1. Introduction

The period from March 2013February 2014 has been an extremely busy and productive one for the

Office of the Prosecutor (OTP).

The Prosecutors opening statement on 16 January 2014 initiated the beginning of trial and the start

of the presentation of the Prosecutions case in Prosecutor v. Ayyash et al.

The opening of trial was the culmination of the considerable work undertaken during 2013 to ensure

the trial could begin. The Prosecutor clarified certain aspects of the Ayyash et al. indictment to

facilitate understanding of the allegations, and filed substantive amendments involving the

identification of a co-conspirator. The Prosecution streamlined its case, deciding on more efficient

ways to present the evidence, thereby reducing the number of witnesses by approximately 160

persons and removing approximately 9,200 exhibits from the list of documents to be presented incourt. Further, the Prosecution prepared and submitted evidence in written form, in the anticipation

that the admission of such written evidence will save considerable court time. In conjunction with

these efforts, the Prosecution completed its disclosure to the Defence, in June 2013, of potentially

exculpatory material.

In June 2013, the Prosecutor finalised the work necessary to indict a fifth Accused person, Mr Hassan

Habib Merhi. Upon confirmation of the indictment, and the Trial Chambers decision to proceed with

a trial in absentia, the Prosecution prepared and provided the necessary material to the new Defence

counsel. The Prosecution continues to ensure that material is provided so that the case can proceed

as expeditiously as possible in conformity with the rights of the Accused.

In an effort to bring the two cases together, and to have one trial, the Prosecutor immediately asked

the Chambers to join theAyyash et al. and Merhi cases.

The Prosecutor established a separate team to further investigate and analyse material concerning

other attacks found to be within the jurisdiction of the Tribunal (the connected cases) and other

related cases, which focused its efforts on these attacks.

2. The trial ofAyyash et al.the opening of the trial by the Prosecution

On 16 January 2014, the Prosecutor delivered his opening statement in the case of Prosecutor v.

Ayyash et al. before the Trial Chamber. The Prosecutor outlined that the evidence presented at trial

would fall into three general categories: the attack itself; the acts undertaken by the four Accused and

their co-conspirators in 2004 and 2005 to prepare for the assassination of Mr Rafik Hariri; and the

respective roles of each of the Accused in preparing and perpetrating the attack and preparing the

7This section has been prepared by the Prosecutor.


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false claim of responsibility. In a further three-part opening statement of almost one and a half days,

the Prosecution provided details of the evidence it intends to present at trial.

On 22 January 2014, the Prosecution started presenting evidence for the first part of its case

concerning the effect of the explosion on 14 February 2005 on the victims, as well as the results of the

forensics investigations into the cause of the explosion. The Prosecution has indicated its intention to

rely on the evidence of approximately 100 witnesses for the first part of its case, and set out the order

in which they will be called or their evidence relied upon. At the time of submitting the Annual Report,

15 witnesses had testified in personeither in court or via video-link. At the Prosecutions request,

the Trial Chamber has also admitted the written evidence of 45witnesses.

3. Preparations throughout 2013 for the start of trial

In preparation for the start of trial, the OTP undertook a number of steps in 2013. These included

clarifying the Prosecution's case by amending the indictment, streamlining the case by removing

approximately 9,200 exhibits and over 160 witnesses, consolidating and preparing the evidence for

presentation in court and completing substantial disclosure to the Defence for their preparation.

Further details are provided.

First, the Prosecutor amended the indictment in theAyyash et al. case on two occasions. The Pre-Trial

Judge, on 12 April and 31 July 2013, granted the Prosecutors amendments. As found by the Pre-Trial

Judge, the procedural amendments clarified the allegations and thereby allowed the Accused to

better understand the indictment.

In relation to the amendments proposed on the second occasion, the Prosecutor indicated that the

substantive proposed amendments to the indictment reflected certain aspects of the attribution of

phones, the interrelationship between phone activities and the resulting impact on the structure of

the phone groups. The Prosecutor submitted prima facie evidence in support of the proposedamendments, and submitted that none of them would cause prejudice to the Accused. In authorising

these substantive amendments, on 31 July 2013, the Pre-Trial Judge observed that these amendments,

which met theprima facietest, did not fundamentally alter the roles of the Accused; indeed, he noted

that the counts of indictment issued against them in the earlier version of the indictment remained

largely unchanged.

Following confirmation by the Pre-Trial Judge on 31 July 2013 of the Prosecutors indictment against

the Accused Hassan Habib Merhi, the Prosecutor sought and immediately received authorisation to

amend the indictment in theAyyash et al.case to include his name as a co-conspirator.

In the meantime, the Prosecution was engaged in pre-trial litigation brought by the Defence

challenging the Prosecutors amended indictment, authorised by the Pre-Trial Judge on 31 July 2013,

on the basis of alleged defects in its form. The Prosecution opposed the challenges, which were found

by the Trial Chamber to be without merit and dismissed.

Second, the Prosecution undertook numerous steps to streamline the presentation of evidence, and

reduce the court time required. In addition to reducing the witnesses by approximately 160 persons

and removing approximately 9,200 exhibits, the Prosecution sought to present written evidence which


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would save court time. The Prosecution sought to present the evidence of more than 75 of its

witnesses for the first part of its case through witness statements and documents instead of viva voce

testimony. At this stage, the Chamber has accepted the written evidence of 45 witnesses. This should

shorten the court time needed to present the Prosecution evidence. In addition, the Prosecution has

sought to work with the Defence to identify areas of non-contentious evidence which can be

presented in a shorter and more succinct format. This, too, would save court time. The Prosecution

will continue to do so.

Third, considerable efforts were made to ensure the proper presentation of evidence. These included:

consolidating the evidence; confirming the availability of witnesses; requesting permission for a

number of witnesses to testify via video-link; seeking protective measures for witnesses, if necessary;

requesting the admission of written witness statements of other witnesses, so they do not have to

attend in court; and requesting the admission of certain evidence of probative value from the bar

table, without requiring a witness to produce or identify it. Such requests included a request to admit

photographs and videos of the crime scene, maps of Beirut and three-dimensional models of the crime

scene location, to assist the Tribunal in understanding the scene at the time of the explosion and

immediately thereafter.

In the range of 20 missions were carried out in relation to trial preparation. In addition to missions

from the Office in Leidschendam, a large number of interviews were conducted by OTP investigators

based in the Beirut Office. This resulted in a more efficient use of resources and the undertaking of

missions from Leidschendam only when absolutely necessary.

Cooperation by States has been, and remains, an important aspect of the OTPs work. Much of the

OTPs trial preparation requires State support, for example, to interview witnesses or obtain forensics

or other technical expertise. As the OTP embarks on the trial, securing the full and timely cooperation

of States is even more critical to the successful implementation of its mandate. As part of this effort,

formal Requests for Assistance were sent to Lebanon and other States.

The OTP also continues to count on the support of witnesses and victims who have provided evidence

in this case. In this regard, witnesses have been contacted in order to address whether, and if so, what,

protective measures might be required at trial.

On 23 August, the Prosecution filed an updated pre-trial brief, which reflected the indictment of

21 June 2013, as well as amendments made to the Prosecutions lists of witnesses and exhibits.

Fourth, during the reporting period the Prosecution also engaged in an extensive and resource

intensive exercise to ensure that all relevant material was provided to the Defence. During the first

part of the reporting period, the Prosecution focused as a priority on completing its disclosure to the

Defence of potentially exculpatory or mitigating material under Rule 113. As indicated to the court, the

Prosecution met the deadline of 17 June 2013 by a comprehensive review of the Offices evidentiary

holdings through a realignment of resources within the OTP, including the redeployment at times of

up to 40 staff dedicated to searching, reviewing and processing a huge volume of evidentiary material

for disclosure purposes. The Prosecution continues to meet its disclosure obligations to date.

The Prosecution also responded during the reporting period to more than 200 separate written

requests by the Defence for the inspection of evidence within the OTP holdings considered by the


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Defence to be material for their preparation for trial. These requests are often extensive and take

considerable resources and time to undertake, compile and provide to the Defence.

4. The Prosecutor indicts a fifth Accused

In parallel with preparing for trial in the Ayyash et al. case, the OTP continued to use investigative

resources to identify those alleged to be involved in the commission of the attack on 14 February 2005

and articulate their roles in the attack. This led to the filing by the Prosecutor of a confidential

indictment on 5 June 2013 against a fifth individual for his alleged role in the attack. The Accused,

Hassan Habib Merhi, is charged with a number of crimes, including the crime of conspiracy aimed at

committing a terrorist act. In this regard, he is alleged to have acted in a conspiracy with the four

indictees in theAyyash et al. case in relation to the 14 February 2005 attack.

The indictment was confirmed by the Pre-Trial Judge on 31 July 2013, and transmitted, together with

the arrest warrant, to the Lebanese authorities. At the Prosecutors request, the confidentiality of the

indictment was partially lifted on 10 October 2013. As a result, the material facts of the Prosecutions

case and charges against Mr Merhi were outlined at that stage in a public redacted version of the

indictment.

Immediately following the decision of the Trial Chamber on 20 December 2013 to proceed to trial in

absentia in the Merhi case, and the appointment that day of Defence counsel, the Prosecution took

steps to expedite its disclosure to ensure the Defence had everything they need to prepare for trial. To

that end, on 23 December 2013, at the Prosecutions request, the Pre-Trial Judge issued an Order to

prohibit the public dissemination of confidential information, thereby establishing a protective

measures regime for material provided to the Defence. With such protections in place, and pursuant

to an Order of the Pre-Trial Judge of 24 December 2013, the Prosecution immediately disclosed to

counsel for Mr Merhi all supporting material, completing that disclosure on the same day. By 2 January

2014, the Prosecution had commenced the disclosure of the statements of those witnesses it intendsto call at trial; the majority of statements were disclosed in early January. On 8 January 2014, the

Prosecution filed its provisional pre-trial brief. On the same date, 8 January 2014, the Prosecution filed

its witness and exhibit lists in the Merhicase, and by 31 January 2014, the Prosecution had disclosed

the evidence it intends to rely on at trial. By 24 January 2014, the Prosecution had completed the

disclosure of potentially exculpatory material. Advancing disclosure significantly constituted an

important preparatory step in the context of the Prosecutors request to join the two cases into a

single trial.

5. Joinderseeking to bring theAyyash et al. and Merhicases together in one trial

Even before a decision by the Trial Chamber on whether the Merhi case would proceed in absentia,

the Prosecutor informed the Pre-Trial Judge and the Trial Chamber of his intention to seek joinder of

the Merhi case with the Ayyash et al. case, if the case proceeded. On 18 December 2013, the

Prosecution sought an expeditious order from the Pre-Trial Judge to refer to the Trial Chamber its

request that Mr Merhi be jointly charged and tried with the Accused in the Ayyash et al.case. At the

same time, the Prosecution filed a notice of its referral request before the Trial Chamber. Shortly after


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the Trial Chambers decision to try Mr Merhi in absentia, the Prosecution seized the Trial Chamber

with a parallel joinder request in theAyyash et al.proceedings.

The Prosecutor set out the reasons why joinder would be the best way for the Tribunal to move

forward, including: joinder would serve the interests of justice given that the factual allegations

against the five Accused comprise one inherently connected case, and given the existence of a shared

conspiracy charge against the five Accused; allowing joinder would avoid the massive duplication ofevidence that would otherwise occur if the Merhi indictment were tried separately; and joinder would

also serve to advance other important interests, by minimising the hardship to victims and witnesses

and ensuring the consistency of findings with respect to identical factual allegations.

The Prosecution's request for joinder was granted by the Trial Chamber, which found that the interests

of justice would best be served by joining the two cases together. The Trial Chamber also accepted

that a joint trial would minimise the trauma and hardship to victims and witnesses and any risk of loss

of witnesses for a second trial. The Trial Chamber found, moreover, that running two trials relating to

the same incident would have a major negative impact on the Tribunals resources. The Prosecutor

informed the court that the Prosecution would adjust its schedule to accommodate the needs of the

Merhi Defence lawyers so that they have the time to prepare for trial.

6. Connected and related cases

In parallel to the work on the trial and the fifth Accused, the OTP continued its investigations in

relation to the three other targeted attacks that occurred in Lebanon between 1 October 2004 and

12 December 2005 which the OTP has been able to connect with the 14 February 2005 attack and

which have been deferred to the Tribunal. These attacks involved: the attempted assassination of

Marwan Hamadeh, Minister of Economy, on 1 October 2004; the assassination of George Hawi, former

leader of the Communist Party, on 21 June 2005; and the attempted assassination of Elias El Murr,

outgoing Deputy Prime Minister and former Defence Minister, on 12 July 2005.

During the reporting period, the OTP also continued to review and assess whether other targeted

attacks that occurred in Lebanon within the Tribunals temporal jurisdiction or that occurred after

12 December 2005 are connected with the 14 February 2005 attack in the manner required by

Article 1 of the Statute. The Prosecutor has created a dedicated Related Cases Team, comprising

lawyers, investigators and analysts, to prepare a factual and legal assessment as to whether these

attacks may fall within the Tribunals jurisdiction. If there is prima facie evidence that an attack is

connected, the Prosecutor may seek to bring the case within the Tribunals jurisdiction under Rule 11

or 12 of the Rules of Procedure and Evidence.

7. Contempt

On 16 April 2013, the Prosecutor filed a request before the Pre-Trial Judge to refer to the Contempt

Judge three matters involving the publication of the names or identifying information of alleged

witnesses. In making this request, the Prosecutor stressed that the Prosecution considers that

publicising the names of individuals and identifying them as witnesses associated with the Tribunal is a

serious matter regardless of whether or not the named individuals are actually witnesses in


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proceedings before it. He underlined that these acts of intimidation put individuals at risk and cannot

be tolerated by the Tribunal.

On 19 and 24 April 2013, respectively, the Prosecutor filed submissions on whether contempt

proceedings should be initiated and, if so, whether they should remain confidential. The Prosecutor

supported initiating an investigation into the allegations that had been referred by the Pre-Trial Judge

to the President in accordance with Rule 60 bis (D) of the Rules. He submitted that there was more

than a sufficient basis to initiate an investigation and that the Contempt Judge should consider all

three matters together because the evidence indicated that they were factually linked. The Prosecutor

submitted, moreover, that in light of the sensitive nature of the very serious allegations, it would be

prudent to maintain the confidential nature of the proceedings.

Following the Contempt Judges decision of 29 April 2013 to initiate contempt proceedings, the

Prosecutor has made it a priority to provide assistance and information to the court-appointed Amicus

Curiaeinvestigating the events that are the subject of allegations of contempt, as required.

8. El Sayedmatter

In accordance with the Pre-Trial Judges Order of 8 October 2012, the Prosecution submitted in April

and October 2013 updated risk assessments for a number of individuals whose statements Mr Jamil El

Sayed had requested be disclosed.

9. The Way Forward

The next year will be as busy as this past year, if not more so, for the Office of the Prosecutor.

In the coming year, the OTP is committed to moving ahead expeditiously with the presentation of its

evidence-in-chief in theAyyash et al.case, against the five individuals accused of criminal responsibility

for the attack against former Lebanese Prime Minister Rafik Hariri. Emphasis will continue to be given

to presenting evidence as expeditiously as possible and streamlining the proceedings. This includes

presenting evidence through witness statements and documents instead of viva voce testimony, and

continuing to try to obtain the agreement of the Defence on non-contentious matters. The

presentation of the Prosecutions case will utilise considerable resources and require considerable time

depending on the nature and availability of the evidence.

In light of the joinder of the Merhicase to the trial of the other four Accused, the Prosecution took all

necessary steps to provide the Defence team with the evidence and material related to the case in an

expedited manner. The Prosecution has informed the Merhi Defence counsel and the court that it isprepared to provide assistance, to the extent possible, to the Defence counsel in their preparation for

trial. As indicated, the Prosecution is willing to adjust the presentation of its case, where possible, to

ensure the timely and expeditious proceeding of the joined case.

The investigative and legal work arising from trial will continue apace. The OTP will continue

investigations necessary to support the Prosecutions case and to consider any evidence regarding


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others who may be responsible for the 14 February 2005 attack. It will also continue to provide

support, as necessary, for contempt proceedings.

With regard to the three other targeted attacks that have been found to be connected with the

14 February 2005 attack and which have been deferred to the Tribunal, the OTP will continue to

investigate them as part of its mandate. The Prosecutor is considering the prospect of further

indictments if the evidence so warrants. During the coming year, a decision will be taken in this regard.

The OTP will also continue to review and assess whether other targeted attacks that occurred in

Lebanon within the Tribunals temporal jurisdiction or that occurred after 12 December 2005 are

connected with the 14 February 2005 attack in the manner required by Article 1 of the Statute. A

dedicated Related Cases Team will further analyse and assess whether these attacks may fall within the

Tribunals jurisdiction. If there is prima facieevidence that an attack is connected, the Prosecutor may

seek to bring the case within the Tribunals jurisdiction under Rule 11 or 12 of the Rules. If, on the other

hand, Rules 11 and 12 of the Rules are not considered applicable, the Prosecutor will share the material

gathered and the analysis undertaken, where possible, with the Lebanese judicial authorities as

assistance to their domestic investigations within their jurisdiction.

At the end of 2013, the Prosecutor commenced an office re-structuring to establish a dedicated trial

team to consolidate the necessary investigative, analytical, legal and administrative skills in one team

which would focus exclusively on the trial functions. As noted, another dedicated team was established

to focus exclusively on the connected and potentially related cases. The new structure of the Office

reflected the new functions required to both conduct a full international trial and continue its

investigative responsibilities. Resources within the Office were re-aligned to meet the tasks that arose.

The goals that were reached in 2013, based on the team approach, were achieved in the context of an

international organisation where staff turnover is a constant possibility and often the reality in staffing

and managing the Office. The functional approach to management and the targeted use of resources

will continue in 2014. The Prosecutor will continue to re-align resources within the Office to meet the

current and future needs.

Though the focus for the next year will be on the activities outlined above, the Prosecutor will not lose

sight of the need for renewed and continued efforts to arrest the Accused. The Prosecutor will provide

whatever assistance possible, in the expected continuation by the Lebanese authorities to take all

necessary measures to arrest and transfer the five Accused to the Special Tribunal for Lebanon.


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8/12/2019 Fifth Annual Report of Special Tribunal for L