What Follows a Confirmed Indictment?

إقرأ هذا الخبر بالعربية W460

The press office of the U.N.-backed Special Tribunal for Lebanon on Thursday issued a Media Advisory titled “What follows a confirmed indictment?” -- after the court submitted Thursday a confirmed, confidential indictment and arrest warrant(s) to the Lebanese authorities over the 2005 murder of ex-PM Rafik Hariri.

Below is the full text of the Media Advisory:

“A confirmed indictment:

The confirmation of an indictment does not mean that the person(s) named in the indictment is/are guilty of the crimes of which they are accused. It simply confirms that the case put forward by the Prosecutor has met the burden of proof required at this stage of the process - prima facie evidence. In simple terms this means that if this evidence were presented uncontested at the trial, it would lead to a conviction.

The accused is innocent until proven guilty.

Trials at the STL:

One of the great strengths of international tribunals is judicial independence. Trials at the STL will in principle be heard in public before highly experienced and independent judges.

The trials will be evidence-based and the prosecution must prove, beyond reasonable doubt, that an accused committed the crimes he/she are charged with. If an accused person does not have sufficient funds to pay for his/her legal representation, defense lawyers may be paid for by the tribunal.

Arrest warrant:

The Pre-Trial Judge, Daniel Fransen, has issued arrest warrant(s) against the person(s) who are accused of the crime(s) set out in the indictment. This is in response to a request by the Prosecutor. There are several reasons for issuing arrest warrant(s), including:

- ensuring the appearance of an accused at the tribunal

- making sure that an accused person does not threaten the continuing investigations or court proceedings

- preventing an accused person from committing a similar crime to that of which he is accused.

The Registrar has submitted the warrant(s) of arrest to the Lebanese authorities. This request may also be sent to relevant international authorities including INTERPOL.

The Lebanese authorities must inform the President of the STL within 30 days after the confirmation of the indictment of the measures the state has taken to arrest the person(s) named in the indictment.

If after these 30 days no individual(s) is/are arrested and if the STL President considers that reasonable attempts to serve the indictment have been made, he may order a public advertisement after consulting the Pre-Trial Judge. The Registrar would then send an advertisement calling on the accused to surrender to the Lebanese authorities for publication in the media.

Initial appearance:

When an accused is arrested the Lebanese authorities with the assistance of the STL Registrar, will arrange the transfer of the individual to the detention facilities of the tribunal. He will then make an initial appearance in the STL courtroom to be formally charged. The judges will ensure that:

- the right of the accused to legal representation is respected

- the indictment has been read to the accused in a language he understands and that he understands the charges against him

- the accused has been informed that in this initial appearance he can plead guilty or not guilty to one or more counts. If he does not plea at this initial appearance he will be called upon to enter a plea of guilty or not guilty within seven days

- if the accused fails to enter a plea, the judge will decide whether to enter a plea of not guilty on the accused's behalf

If the accused does not have the money to pay for a lawyer, the Head of the Defense Office will assign counsel to him, for which the tribunal will pay. Equally, if the accused has not chosen a lawyer yet, the Head of the Defense Office may assign him a duty counsel to represent him at the initial appearance.

Proceedings in absentia:

The STL has the power to hold trials in absentia (trials that take place without the accused being present). However, the presence of an accused person in the STL courtroom is the best option for all, especially for the accused who will be given the opportunity to present his defense.

If the accused has not been arrested within 30 calendar days of the public advertisements the Pre-Trial Judge can ask the Trial Chamber to initiate in absentia proceedings. The Trial Chamber will then determine whether the accused is trying to avoid trial or if the accused is unable to attend. (See Rule 106 of STL Rules of Procedure and Evidence)

To ensure that a trial in absentia is fair and just many safeguards are included in the STL’s rules. The accused would be represented by a counsel appointed by the Head of the Defense Office. If the accused decides to present himself to the tribunal during trial proceedings or at any time after sentencing, he may request a new trial.

Disclosure and preparation for trial:

Once these steps have taken place, whether or not the accused has surrendered to the tribunal, has been arrested or has not been found, the Prosecutor has to disclose to the defense copies of the supporting material accompanying the indictment. He will also provide the defense with the statements of all witnesses whom the Prosecutor intends to call to testify at the trial.

At this stage, the Prosecutor can apply to the Trial Chamber to prevent the disclosure of certain information if:

- it may prejudice ongoing or future investigations

- it may cause a risk to the security of witnesses or their families

- it may be contrary to the public interest or the rights of third parties

Preliminary motions:

Before the Pre-Trial Judge hands the case file to the Trial Chamber any preliminary motions will be considered. These motions can challenge the jurisdiction of the tribunal, claim defects in the form of the indictment, seek the severance of some counts of the indictment, seek separate trials, or raise objections based on the refusal of a request for the assignment of counsel.

These motions must be presented in writing not later than 30 days after the disclosure of the supporting material to the defense.

Then, the Pre-Trial Judge will implement a working plan and set a tentative date for the start of the proceedings at least four months in advance of trial.

Victims:

One of the most striking legal features at the STL is the possibility for victims to participate in the proceedings. Participating victims before the STL are not private claimants and they do not have the right to seek compensation from the tribunal. However, the victims could eventually file for damages before a national court on the basis of a judgment by the Tribunal.

Due to the potential impact of victims’ participation on proceedings, victims who wish to take part in proceedings must be screened beforehand by the Pre-Trial Judge. He may:

- exclude persons whose status as a victim is doubtful

- limit the number of victims who may participate in proceedings

- designate one legal representative to act on behalf of multiple victims.

These features are designed to ensure an effective right for victims to take part in the proceedings, whilst at the same time protecting the rights of the accused."

Comments 13
Default-user-icon Le Phenicien (Guest) 30 June 2011, 19:24

That's called B.S .

Default-user-icon Informant (Guest) 30 June 2011, 20:38

Le Phenicien .. get a life and stop commneting like you are Mr. know it all.

Missing ramezg 30 June 2011, 20:47

Phenicien,
If you've ever followed or participated in a criminal trial anywhere, you would know that the procedure described here borrows from all of the best practices known to civilization.
If you believe that this is B.S. then let us hear what it is you consider fair and reasonable rules of procedure.

Default-user-icon Sasi (Guest) 30 June 2011, 21:30

None, Le Phenicieen likes to butcher people and escape from it. He does not beleive in any justice or international law, him and the beloved leaders he follow think they are the kings of the world and they rule by themselves.

Get back on earth ya phenicien, this is the truth. They killed him and they go to jail.

otherwise, please tell us how would u like the scenario to go ? we put israel prime minister in there just because Hezbollah claims that israel did it. The tribunal has proof that these people are responsible. enough bullshit!

stop blaming the others on the mistake your mafias did. i bet Nassrallah had no idea that this has been done by Syria behind his back! Anyhow, trust no one in lebanon. You lebanese are so easy at killing each other and stabbing in the back! sick nation.

Missing patriot 30 June 2011, 22:33

Hey Sasi,

If you have comment about the article please feel free to give us your opinion, but don't your dare insult our nation, because if you do that obviously means your not lebanse and therefore your comments to this forum have no value!! If you don't know our country then keep quiet!!

As for Le phencian, his name is enough proof that he doesn't hold on to current Lebanese values, and so his comments do not deserve my true attention!

Missing patriot 30 June 2011, 22:35

* Lebanese

Default-user-icon An independent thinker (Guest) 01 July 2011, 00:09

Il like Le Phenicien comments - they are great because they only harm people who are on his side showing their true intensions and their true values. I would also add the following: Assuming that no one wants to be in a club to which Le Phenicien belongs (which is a reasonable assumption), then people will move to the other side.

If you push this reasoning a step further, Le Phenicien could be on our side actually...

Keep going le Phenicien, you're doing great!

Default-user-icon Omar (Guest) 01 July 2011, 01:53

The truth is that Syria killed Hariri in cooperation with israel and those puppets of the syrian regime who were running the lebanese mukheberet at the time hariri was killed. I never liked hariri so im not sad about his death but its wrong to accuse only syria or only israel because there were 3 intelligence mukheberet part of the killing, the zionist, the syrian, and the lebanese. Hezballah had nothing to do with it as rafik hariri strengthened hezballah and gave them full support. The STL was never interested of the truth, all they wanted was to use this tribunal for stiring trouble in lebanon. They dismissed a real witness who told them that syria and israel killed hariri together bcuz they were only interested in "witnesses" willing to only blame syria.

Default-user-icon you are correct (Guest) 01 July 2011, 02:34

Omar, puppets of the Syrian regime you say, do you mean "Hezbollah is not a separate entity from Syria. It is under the Syrian operational control" - Michel Aoun 2002. You unknowingly stumbled into the whole truth my friend good on you.

Default-user-icon An independent thinker (Guest) 01 July 2011, 04:21

Omar: This is a United Nations tribunal that is ran with the highest standards of professionalism. All its findings will eventually be made public and thousands of journalists around the globe will be watching carefully. The defendants will have the possibility to prove their innocence.

Conspiracy theories simply don't hold. They are the invention of simple minded people who cannot grasp the complexity of the world. They are used by totalitarian regimes to spread fear and ignorance.

It is time for Lebanon to start building its institutions based on justice.

And YES: the moon landing really happened....

Default-user-icon michael alam (Guest) 01 July 2011, 06:20

le phenicien, u say ur from the city of civilisations, well dear boy, this is going to be a fair and just trial, u are such a sad human being and worst of all your tribalistic and you automatically oppose, for once in ur life stop hating, its a sign of weakness and your GMA is pathetic had such high hopes for lebanon upon his return, u got paid out by the axis,,remember the sunnis u hate so much were all backed by syria ur best mates, and once again they r dividing us

Default-user-icon McKinley Era (Guest) 01 July 2011, 15:34

When there is no evidence, conspiracy theory appears. Moreover, the same piece of evidence can be used by different people to support very different accounts of events.

Is this the thank you party, BON VOYAGE for what have been accomplished?
“Jacques Chirac lines up for court appearance over corruption claims. Former French president to face questions over role in bogus jobs scandal while mayor of Paris in 1990s. A prison term is unlikely, but in theory Chirac risks 10 years in jail and a fine of €150,000” (March 2011)
Hariri father was the conflict resolution tool used by European orchestra to re-establish its mission in the region. He brought democratic principles, 2 party systems (opposition); he creates the myth of Future.
But unfortunate, those who brought him in power failed to stop him, and they had to leave the politics arena because of the same democratic values

Default-user-icon John (Guest) 01 July 2011, 17:40

" United Nations tribunal that is ran with the highest standards of professionalism". Yes "independent thinker", even though western Europe only represent less than 5% of the world population, they are all racist White men who represent the institutions who support the Terrorist Apartheid state of Israel. Those men also represented the same institutions who supported South African Apartheid for decades and refuse to consider the world's worst mass war criminals ...the leaders of Israel and AmeriKKKA.