Cases Overview

STL 11-01 — The Trial Chamber in the Ayyash et al. case (STL 11-01) is currently in deliberation.

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 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 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.

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 BulletinMay - August 2019

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Ensuring the public nature of proceedings in the Ayyash et al. case

The Accused have a fundamental right to a fair and public hearing. This is recognized by the STL Statute. The Tribunal’s Rules of Procedure and Evidence stip-ulate that “All proceedings before a Chamber, other than deliberations of the Chamber, shall be held in public, unless otherwise decided by the Chamber

after hearing the Parties.” The public nature of trial proceedings requires that as many filings as possible are made public.

In the Ayyash et al. case, the Trial Chamber, the Pros-ecution, the Defence and the Legal Representatives of Victims are currently reviewing their respective confidential filings with a view to have them reclassi-fied as public or to provide public redacted versions.

Did you know?

The Judgment is a reasoned decision that could take months to complete in complex cases. In the Ayyash et al., the Trial Chamber Judges have to analyse the evidence received over 406 trial days,

which produced over 38,000 pages of transcript in English, the final trial briefs of the Parties, and the Legal Representatives of Victims, which exceed 1400 pages, and over 3000 exhibits.

Did you know?

According to the STL Practice Direction on filings, a Chamber may authorise the reclassification of confidential filings, including its own decisions, to public. If this is not possible, a public redacted

version must be filed. However, for cogent reasons, filings may also remain confidential, requiring judicial authorization.

Did you know?

The STL has a primary mandate to hold trials for the Accused in the 14 February 2005 attack that killed former Lebanese Prime Minister Rafik Hariri and 21 others, and injured 226 persons. The Tribunal, however, can also have jurisdiction over

attacks that occurred between 1 October 2004 and 12 December 2005 if the Pre-Trial Judge deter-mines connectivity with the 14 February 2005 attack.

Did you know?

The STL Pre-Trial Judge determined that the assas-sination of Georges Hawi on 21 June 2005 and the attempted assassinations of Marwan Hamade and Elias El-Murr on 1 October 2004 and 12 July 2005

respectively are connected to the 14 February 2005 attack against former Lebanese Prime Minister Rafik Hariri.

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Understanding the Testimony in Ayyash et al.

Alleged Telephone Networks, Groups, and Subgroups

The 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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STL Events

On 26 June, the Defence Office held a conference with the support of the Beirut and Tripoli Bar Asso-ciations at the Maison de l’Avocat in Beirut. The conference focused on the topic of “Digital and Telecommunications Evidence in National and International Criminal Trials.” The welcome notes were pronounced by Mr André Chidiac, President of the Beirut Bar Association, Mr Mohamad El Murad, President of the Tripoli Bar Association, Ms Elisabeth Sioufi, Director of the Institute of Human Rights of the Beirut Bar Association, as well as Ms Dorothée Le Fraper du Hellen, the Head of Defence Office. Their well-documented and relevant allocu-tions set the tone to the conference, and inspired

ideas and stimulated the discussions that followed during the event.

The speeches were followed by a keynote speech from H.E. Mr Ibrahim Najjar, Professor Emeritus at the Faculty of Law and Political Science of Saint Joseph University, Lawyer and former Minister of Justice. Thereafter, the panel of experts took the floor. The panellists were Ms Natalie von Wistinghausen and Ms Sarah Bafadhel, both Defence Counsel at the STL, and Ms Zeina Husseini Majzoub, Lawyer at the Tripoli Bar. The panel was moderated by Mr René Abirached, Lecturer at the Faculty of Law and Political Science of Saint Joseph University and

Lawyer at the Beirut Bar. The conference was held as part of the Head of Defence Office’s official visit to Lebanon in the week of 24 June.

On 27 June, the Defence Office also organized a practical workshop for lawyers from the Beirut and Tripoli Bar Associa-tions. The workshop focused on the subject of “the work of the Ms. Dorothée Le Fraper du Hellen, H.E. Mr. Ibrahim Najjar, Mr. Andre Chidiac, Mr. Mohamad El

Murad and Ms Elisabeth Sioufi at the conference.

Major Decisions and Filings

F3774, Decision Granting Protective Measures to Witness PRH028 and Denying Protective Measures to Witness PRH024, 30 July 2019;

F2416, Public Redacted Version of ‘Order on Access to Private or Closed Session Proceedings’ of 22 January 2016, 31 July 2019;

F3052, Public Redacted Version of Prosecution Motion to Admit two Witness Statements pursuant to Rule 155 and three Documentary Exhibits pursuant to Rule 154, all related to General Phone Evidence, 31 July 2019;

F3084, Public Redacted Version of Prosecution Motion to Admit 27 Documentary Exhibits and 1 Witness State-ment relating to the Attribution of Telephone Numbers to Hassan Habib Merhi, 31 July 2019;

F2863, Public Redacted Version of Prosecution Rule 154 Motion for the Admission of Seven Documents relating to the attribution of telephone numbers to the Accused Assad Hassan Sabra, 07 August 2019;

F3621, Public Redacted Version of Prosecution’s Rule 161(B) Notice in relation to Witness DHO-001 Sieg-fried Ludwig Sporer and Request to Strike Portions of the Report, 08 August 2019.

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Defence in interna-tional Criminal Trials.” Two members of the Defence Office and two STL Defence Counsel facilitated the said-workshop.

On 17 July, a gradu-ation ceremony was held in the audito-rium of the Sin el Fil municipality to mark the completion of the Inter-Uni-versity Programme on International Criminal Law and Procedure (IUP-ICLP). One hundred and seventy-six Lebanese students success-fully completed the 7th edition of the Programme. This year’s programme began in October 2018 and

ended in May 2019 and the final exam took place in June 2019. A three-day study visit to The Hague was rewarded to the 20 students who obtained the highest grades.

On 27 August, nineteen students visited the STL as part of a study visit to The Hague from 25 to 29 August 2019. The trip was rewarded to the students who obtained the highest grades in the final exam of the Inter-University Programme on Inter-national Criminal Law and Procedure (IUP-ICLP). The visit at the STL included briefings by repre-sentatives of the four

organs – the Chambers, Registry, Office of the Pros-ecutor and Defence Office – and a courtroom tour.

STL Vice President Judge Ralph Riachi, Ms. Olga Kavran with some of the professors and graduated students at the ceremony

Did you know?

The Inter-University Programme on Interna-tional Criminal Law and Procedure (IUP-ICLP) is unique and unprecedented in the Middle East and North Africa region. Almost 1000 Lebanese students have graduated from the Programme since its establishment in 2011. The 20 Lebanese

students who successfully complete the Programme with the highest grades are awarded a study visit to The Hague with no cost of their own; and they get briefings from several international organisations and tribunals including the Special Tribunal for Lebanon.

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Press Releases

The Head of Defence Office concludes a working visit to Lebanon

In the week of 24 June, the Head of Defence Office of the Special Tribunal for Lebanon Ms. Dorothée Le Fraper du Hellen concluded an official visit to Lebanon. She met amongst others the Minister of Justice, Mr. Albert Serhan, the Minister of State for Presidential Affairs, Mr. Salim Jreissati, the Minister of Interior and Municipalities, Ms. Raya

al-Hassan and the Minister of Telecommunications, Mr. Mohammad Choucair. Ms. Le Fraper du Hellen also discussed the role of the Defence at the Tribunal in the Ayyash et al case during a conference organ-ised with the support of the Beirut and Tripoli Bar Associations.

For more

Graduation ceremony marks completion of the 7th edition of the Inter-University Programme on Inter-national Criminal Law and Procedure

On 18 July 2019, a Graduation ceremony was held for one hundred and seventy six Lebanese students who successfully completed the 7th edition of the Inter-University Programme on International

Criminal Law and Procedure (IUP-ICLP). Almost one thousand Lebanese students have graduated from the IUP-ICLP since its establishment in 2011.

For more

STL President and Vice President re-elected for a new term

STL Judges of the Appeals Chamber re-elected Judge Ivana Hrdličková as President and Judge Ralph Riachi as Vice President for a new term of eighteen month starting 1 September 2019.

The President of the Tribunal has a wide range of tasks, including oversight of the effective func-tioning of the Tribunal and the good administration

of justice, as well as representing the STL in relations with States, the United Nations and other entities. In the President’s absence, her duties are fulfilled by the Vice-President.

You can access biographies of Judge Hrdličková and Judge Riachi on the STL website.

For more

A group of Lebanese students visits the STL marking the conclusion of IUP-ICLP’s 7th edition

Nineteen students visited the Special Tribunal for Lebanon as part of a three-day study visit to The Hague from 25 to 29 August 2019. The trip was rewarded to the students who obtained the highest grades in the final exam of the Inter-University Programme on International Criminal Law and Procedure (IUP-ICLP). The visit at the STL included briefings by representatives of the four organs – the Chambers, Registry, Office of the Prosecutor and

Defence Office – and a courtroom tour. The group also visited the International Criminal Court (ICC) and the International Residual Mechanism for International Criminal Tribunals (IRMICT). They were given presentations from the Kosovo Specialist Chambers (KSC), T.M.C Asser Instituut and the District Court of The Hague.

For more

Visits

During the months of May, June, July and August, the STL hosted 19 groups of visitors from different countries at its Headquarters in Leidschendam, the Netherlands. The visitors received presentations on the work of the STL from representatives of the four organs and had the opportunity to tour the court-room. The visitors included: Europäische Akademie

Bayern, George Mason University, University of Vienna, Santa Clara University, University of Zenica, University of Missouri and Le Moyne College, The American University of Paris, T.M.C. Asser Instituut, University of Alcala, Newcastle University, Webster University, Brandeis University, a Thai Judiciary delegation, University of Georgia, Vrije Universiteit,

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Euro just, The Hague Academy and the IUP-ICLP Students’ visit. The profile of visitors ranged from

students and academics to court management officers, lawyers and Judges.

The Cases in Numbers

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

Current Opportunities at the STL

Job 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

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