Overview

1 September 2019: Judge David Re started another 18-month term as the Presiding Judge of the Trial ChamberCase STL-18-1016 September 2019: Pre-Trial Judge Daniel Fransen lifted the confidentiality of his decision confirming the indictment against the Accused Mr Salim Jamil Ayyash and the indictment itself17 September 2019: STL President Judge Ivana Hrdličková issued a statement urging the Accused to cooperate and to exercise his rights to participate in the proceedings

20 September 2019: STL Victims Participation Unit issued a call for victims to participate in the proceedings24 September 2019: STL President Judge Ivana Hrdličková ordered the alternative service of the Indictment against Mr Ayyash according to Rule 76 (E) of the STL Rules of Procedure and Evidence25 September 2019: A poster of the Accused Mr Ayyash was delivered to the Lebanese authorities for dissemination in the Lebanese media

Case STL-18-10

New judicial development with the opening of a new case before the STL

The STL Pre-Trial Judge Daniel Fransen confirmed an indictment in Case STL-18-10. This case relates

Special Tribunal for Lebanon, Dokter van der Stamstraat 1, 2265 BC Leidschendam, NetherlandsFor more information please contact the Public Information and Communications Section: stl-pressoffice@un.org Tel : +31 (0) 70 800 3560 / 3828 and +961 4 538 100 (Beirut)

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

STL BulletinSeptember 2019

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to the three attacks against Mr Marwan Hamade, Mr Georges Hawi and Mr Elias El-Murr, which took place on 1 October 2004, 21 June 2005 and 12 July 2005 respectively. The STL Pre-Trial Judge had determined that the above attacks are connected to the 14 February 2005 attack against former Leba-nese Prime Minister Rafik Hariri.

The indictment charges Mr Salim Jamil Ayyash with five counts:

1. Conspiracy aimed at committing a terrorist act

2. In the alternative to conspiracy aimed at committing a terrorist act, criminal association

3. Committing terrorist acts4. Intentional homicide with premeditation of

Messrs Ghazi Abou-Karroum, Georges Hawi and Khaled Moura

5. Attempted intentional homicide with premed-itation of Messrs Elias El-Murr, Marwan Hamade and 17 other persons

On 16 September 2019, the Pre-Trial Judge lifted the confidentiality of his decision confirming an indictment in Case STL-18-10, the indictment itself, his decision on the Prosecutor’s Connected Case Submission, the national arrest warrant which was issued for execution by the Lebanese authorities and the international arrest warrant for the Accused

Mr Salim Jamil Ayyash. The confirmation of this indictment marks the opening of a new case before the STL.

On 4 July 2019, the indictment and national arrest warrant were transmitted to the Lebanese authori-ties who have the obligation to search for, arrest and transfer the accused to the STL’s custody.

On 17 September 2019, STL President Judge Ivana Hrdličková issued a statement urging the Accused in Case STL-18-10 Mr Salim Jamil Ayyash to cooperate with the STL and to exercise his rights to participate in the proceedings before the Tribunal. Mr Ayyash is presumed innocent until proven guilty. STL Pres-ident also stated that while core protections to his rights are guaranteed by the STL’s Statute, it is in Mr Ayyash’s best interests that he fully participates in

the defence of the charges against him through duly qualified counsel.

On 20 September 2019, the STL’s Victims Partici-pation Unit invited victims who have suffered phys-ical, mental or material harm as a result of the attacks relating to Case STL-18-10 to submit a completed application to participate in the judicial proceedings by 2 December 2019, a deadline that was set by the Pre-Trial Judge.

Did you know?The Accused in Case STL-18-10 Mr Salim Jamil Ayyash is also an accused in the ongoing proceed-ings in the Ayyash et al case related to the 14 February 2005 attack that led to the death of former Prime Minister Rafik Hariri and the death and injury of many others. While the proceedings in the Case STL-11-01 are being conducted in

absentia, the proceedings relating to the new Case STL-18-10 are distinct and, as such, both the STL and the Lebanese authorities will make efforts to notify Mr Ayyash of the indictment and arrest warrant against him and to secure his attendance before the Tribunal.

Did you know?An indictment is confirmed when the Pre-Trial Judge determines that the Prosecutor submitted sufficient evidence and material to make a credible case against the Accused and to proceed to trial. The indictment includes the name and details of the Accused as well as the facts and charges against him.

Upon confirmation of an indictment, a suspect becomes an accused and the Pre-Trial Judge may issue an arrest warrant or a summons to appear.

The confirmation of an indictment is not a finding of guilt, the Accused is presumed innocent until proven guilty beyond reasonable doubt.

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Victims Participation at the STL enables the victims whose applications to participate in the proceedings have been accepted by the Pre-Trial Judge to express their views and concerns in judicial proceedings. The purpose of these proceedings is to try all those who are allegedly responsible for the three attacks against Messrs. Marwan Hamade, Georges Hawi and Elias El-Murr and bring them to justice. Unless the judges rule differently, victims shall only partic-ipate in the proceedings through a legal representa-tive. The Tribunal could, under certain conditions, cover all of the victims’ legal costs if they are unable to afford them.

On 24 September 2019, STL President Judge Ivana Hrdličková ordered the alternative service of the indictment against Mr Ayyash including through public advertisement. This order is based on Rule 76 (E) of the Tribunal’s Rules of Proce-dure and Evidence referring to the “procedures of public advertisement.” The President issued the order following her finding that reasonable attempts have been made by the Lebanese authorities to serve the accused but were unsuccessful. Specifically, STL President Judge Ivana Hrdličková ordered STL Registrar Daryl Mundis to provide a form of public advertisement to the Lebanese authorities; he also must consider other means of disseminating the indictment including in the media and social media. The Lebanese authorities have the obligation to take all reasonable steps to notify the public of the existence of the indictment and call upon Mr Ayyash to surrender to the Tribunal or in any case to submit to its jurisdiction. If after the 30 days public

advertisement period, the accused is not under the Tribunal’s authority, the Pre-Trial Judge shall ask the Trial Chamber to initiate proceedings for a trial in absentia.

On 25 September 2019, STL representatives deliv-ered a poster of Mr Salim Jamil Ayyash to the Leba-nese authorities for dissemination in the Lebanese media. The poster includes the charges against Mr Ayyash and phone numbers at which the public can contact the STL in case they have any information about his whereabouts.

Background

The STL has jurisdiction over persons responsible for attacks that took place in Lebanon between 1 October 2004 and 12 December 2005 if the Tribunal finds that these attacks are connected to the attack of 14 February 2005, which killed former Lebanese Prime Minister Rafik Hariri and many others.

Information about the attacks

On 1 October 2004, an explosive device targeted Mr Marwan Hamade (a Lebanese politician) in Beirut. Mr Hamade and another person were injured, and his bodyguard Ghazi Abou-Karroum was killed.

On 21 June 2005, an explosive device targeted Mr Georges Hawi (a Lebanese politician) in Beirut. Mr Hawi was killed and two other persons were injured.

On 12 July 2005, an explosive device targeted Mr Elias El-Murr (a Lebanese politician) in Antelias. Khaled Moura was killed, and Mr El-Murr and fourteen others injured.

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

Current Stage of the Proceedings The Trial Chamber is deliberating to determine whether the Prosecution has proved its case “beyond

Did you know?The STL launched a series of animated videos entitled “STL explained”. The videos provide the public with a short explanation of STL’s work and judicial procedures. They are available on the STL You tube channel as well as the Website:www.stl-tsl.org.

STL explained …

Steps following confirmation of an Indictment

Victims participation at the STL

Where to find information about the STL

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reasonable doubt” against the four Accused, Mr Salim Jamil Ayyash, Mr Hassan Habib Merhi, Mr Hussein Hassan Oneissi and Mr Assad Hassan Sabra. The Judges are in the process of reviewing the evidence and the arguments presented by the Parties and the Legal Representatives of Victims.

The Trial Chamber will render a reasoned judgment on each count in the indictment either acquitting or convicting the Accused.

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

The STL will inform the media and the public of the timing of the delivery of the judgment in due course.

STL Events

On 17 September, 46 Lebanese lawyers partici-pated in a two-day training on the conduct of Inter-national Criminal proceedings at the Beirut Bar Association. The first day of the training consisted of discussions on international criminal justice and proceedings, advocacy and courtroom techniques as well as victims’ participation before International Courts and the rights of Accused in international criminal proceedings. The second day of training continued with a “mock” trial in which participants were able to practice their skills. This was the fifth training organized by STL Outreach and Legacy to introduce Lebanese legal professionals, academics, civil society and others to topics related to the STL mandate and international criminal justice.

Opening remarks at the event by Ms Elisabeth Sioufi and Ms Olga Kavran in the presence of the experts Paul Garlick and Simon Laws.

Major Decisions and Filings

In Case STL-18-10

F0012 – Public Redacted Indictment, 14 June 2019

F0017 – Warrant to arrest Mr Salim Jamil Ayyash including transfer and detention request, 20 June 2019

F0018 – International Warrant to arrest Mr Salim Jamil Ayyash including transfer and detention request, 20 June 2019

F0003 – Version publique expurgée de la “Décié-sion relative à l’examen de l’acte d’accusation du 14 Décembre 2018 établi à l’encontre de M. Salim Jamil Ayyash » datée du 15 Mai 2019, 16 September 2019

F0030 – Order relating to the lifting of the confio-dentiality of the Indictment of 14 June 2019 and of other related documents, 16 September 2019

F0039 – Order Pursuant to Rule 76 (E), 24 September 2019

F0038 – Order setting the deadline for the filing of applications to obtain the status of Victim Participating in the proceedings, 19 September 2019

In Ayyash et al. (STL-11-01)

F3777 – Decision and orders relating to the public nature of the proceedings and reclassifying filings from ‘confidential’ to ‘public’

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Understanding the Testimony in Ayyash et al. (STL-11-01)Alleged Telephone Networks, Groups, and SubgroupsThe Prosecution relies on telecommunications evidence to prove that former Prime Minister Rafik Hariri was under surveillance by the Accused in the months before his assassination on 14 February 2005.

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

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

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

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

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

BLUEnetworkb

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

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

YELLOWnetworkb

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

PURPLEgroupb

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REDnetworkbPhone Attributed User*RED 741 AYYASH

RED 636 SUBJECT 5

RED 678 SUBJECT 6

RED 946 SUBJECT 7

RED 893 SUBJECT 8

RED 652 SUBJECT 9

BLUEnetworkbPhone Attributed User*BLUE 233 AYYASH

BLUE 585 SUBJECT 5

BLUE 610 SUBJECT 6

BLUE 324 SUBJECT 7

BLUE 817 SUBJECT 8

BLUE 864 SUBJECT 9

NINE OTHERS UNKNOWN INDIVIDUALS

GREENnetworkbPhone Attributed User*GREEN 023 BADREDDINE

GREEN 300 AYYASH

GREEN 071 MERHI

YELLOWnetworkbPhone Attributed User*YELLOW 294 AYYASH

YELLOW 669 AYYASH

YELLOW 457 SUBJECT 6

YELLOW 933 SUBJECT 8

YELLOW 024 SUBJECT 9

NINE OTHERS UNKNOWN INDIVIDUALS

PURPLEgroupbPhone Attributed User*PURPLE 231 MERHI

PURPLE 095 ONEISSI

PURPLE 018 SABRA

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

OTHER FAMILY MEMBERS

PMP 354 BADREDDINE

PMP 663 BADREDDINE

SMP 944 BADREDDINE

PMP 165 AYYASH

PMP 935 AYYASH

PMP 091 AYYASH

PMP 170 AYYASH

GREY PHONE MERHI

* According to the Prosecutor

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Press Releases

A second group of Lebanese students visits the STL as part of IUP-ICLP’s 7th edition

15 students from Lebanese universities visited the Special Tribunal for Lebanon as part of a three-day study visit to The Hague from 1 to 5 September 2019. This visit was the second Student’s visit as part of the 7th edition of the Inter-University Programme on International Criminal Law and Procedure (IUP-ICLP). It enabled the students who have attended the Programme to see first-hand some of the institutions about which they had been studying.

The visit at the STL included briefings by

representatives of the four organs – the Chambers, Registry, Office of the Prosecutor and Defence Office as well as a courtroom tour. The group also visited the International Criminal Court (ICC), the International Residual Mechanism for International Criminal Tribunals (IRMCT) and the International Court of Justice (ICJ. They were given presentations from T.M.C Asser Instituut, and were briefed by the Legal Staff Advisor on International Crimes from the District Court of The Hague.

For more

STL Registrar ends working visit to Lebanon

In the week of 9 September 2019, the STL Regis-trar Daryl Mundis visited Beirut where he met with Lebanese Prime Minister Saad Hariri. He also met with the Minister of Justice, Judge Albert Serhan and the Acting Prosecutor General Judge Imad Kabalan. The Registrar is responsible for all aspects

of the STL’s administration including the budget, fundraising, human resources and providing secu-rity. His responsibilities also include court manage-ment, oversight of the Victims’ Participation Unit, witness protection and language services.

For more

Indictment in the Connected Cases made public

On 16 September 2019, the Pre-Trial Judge at the Special Tribunal for Lebanon Daniel Fransen lifted the confidentiality of his decision confirming an indictment against the Accused Mr Salim Jamil

Ayyash, the indictment itself, the arrest warrants, as well as his decision on the prosecutor’s connected case submission be made public.

For more

Statement of Judge Ivana Hrdličková, President of the Special Tribunal for Lebanon

On 17 September 219, STL President Judge Ivana Hrdličková issued a statement urging the Accused in the connected attacks Mr Salim Jamil Ayyash to cooperate with the Tribunal and to exercise his rights to participate in the proceedings. The statement

recalls the rights of Mr Ayyash in the proceedings before the STL, most importantly the fact that he is presumed innocent until proven guilty.

For more

46 Lebanese lawyers participated in the fifth training on the conduct of International Criminal Proceedings

Fourty six Lebanese lawyers participated in a two-day training (17 and 18 September 2019) on the conduct of International Criminal proceedings at the Beirut Bar Association (BBA). Two experts

with extensive experience in international criminal justice conducted the training (Paul Garlick and Simon Laws). On one hand, the training offers an opportunity to discuss topics related to international

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criminal justice and proceedings, advocacy, court-room techniques, victims’ participation at Interna-tional Courts, the rights of the Accused. On the

other hand, the trainees are able to practice their skills in a “mock” trial.

For more

The STL invites victims to participate in the Connected Cases

On 20 September 2019, the STL’s Victims’ Partici-pation Unit invited victims to submit a completed application to participate in judicial proceedings relating to the Connected Case STL-18-10. The Pre-Trial Judge set a deadline for the submission of applications by victims who wish to participate: 2 December 2019. Participation at the STL enables

victims to express their views and concerns in judi-cial proceedings. The purpose of these proceedings is to try all those who are allegedly responsible for the three attacks against Messrs. Marwan Hamade, Georges Hawi and Elias El-Murr and bring them to justice.

For more

STL President orders alternative service of the indictment against Salim Jamil Ayyash

On 24 September 2019, STL President Judge Ivana Hrdličková ordered the service of the indict-ment against the Accused Mr Salim Jamil Ayyash in the Connected Case STL-18-10 in an alterna-tive manner, including through public advertise-ment. This order followed the President’s finding that reasonable attempts have been made by the

Lebanese authorities to serve the Accused but were unsuccessful. If after the 30 days public advertise-ment period, the Accused is not under the Tribu-nal’s authority, the Pre-Trial Judge shall ask the Trial Chamber to initiate proceedings for a trial in absentia.

For more

VisitsDuring the month of September, the STL hosted three groups of visitors from Lebanon, Kenya and The Netherlands: IUP-ICLP second Students’ visit, the European Law Students’ Association (ELSA) Leiden and Kenya School of Law. The visitors received presentations on the work of the STL

from representatives of the four organs and had the opportunity to tour the courtroom.

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The Cases in Numbers

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

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

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

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

For more information about the STL’s news and activities, follow us on social media:

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STL-11-01

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

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

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

Exhibits Total: 3131

Prosecution: 2487

Defence: 599

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

Legal Representative of Victims: 45Filings Total: 4874

Decisions Total: 1516Pre-trial Judge: 361

Written: 361 Trial Chamber: 1100

Written: 764 Appeal Chamber: 55

Written: 55Delivered in Court: 0

Delivered in Court: 306

Delivered in Court: 0

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