STL

Bulletin
May 2015
The STL Bulletin provides a monthly overview of the latest developments, news and visits to the Special Tribunal
for Lebanon. It is not a judicial document with legal authority. It is one of a number of public information
documents produced by the Tribunal. You can view them all at http://www.stl-tsl.org/en/news-and-press.

Judicial developments
The Prosecutor v. Ayyash et al. (STL-11-01)1
On 30 April and 1 May 2015, the Lebanese Member
of Parliament (MP) Dr Atef Majdalani continued
his testimony with the cross-examination by the
Defence counsel for Mr Badreddine, Mr Merhi and
Mr Sabra.2 The Defence questioning focused mainly
on the content of Dr Majdalanis examination in
chief by the Prosecution, and statements he gave to
the United Nations International Independent Investigation Commission (UNIIIC) in August 2006 and
September 2008. He was also asked about the Lebanese-Syrian security apparatus that was influential at
the time of the 14 February 2005 attack.
From 4-7 May, another Lebanese MP, Walid Jumblatt,
testified before the Trial Chamber. Mr Jumblatt has
1

This section mainly provides an overview of courtroom hearings in the

Ayyash et al. case only. All the public filings in this case are available on
our website: http://www.stl-tsl.org/en/the-cases/stl-11-01/filings

2 Dr Majdalani first appeared before the Trial Chamber in April 2015.

For an overview of his testimony during that month, see the April
2015 Bulletin, available at http://www.stl-tsl.org/en/news-and-press/
stl-bulletin/4022-stl-bulletin-april-2015. Dr Majdalani began working
with former PM Hariri in 1996 and became one of his political allies.
In 2000, he was elected to the Lebanese Parliament.

been a figure of considerable significance and prominence in Lebanese politics for many decades. He was
a friend, confidant and a close ally of the former Lebanese Prime Minister (PM), Rafiq Hariri. Mr Jumblatt
is the leader of the Progressive Socialist Party (PSP) in
Lebanon.
All public transcripts in the Ayyash et al. case are available
on our website in Arabic, English and French.

Mr Jumblatts evidence focused on the background

leading up to the events of late August and early
September 2004, including his relationship with the
Syrian regime from 1977 until 1991, as well as from
1991 onwards. He testified about the circumstances
that led to the amendment of the Lebanese constitution, which permitted the extension of the mandate
of the former Lebanese President, Emile Lahoud, in
September 2004; the adoption of United Nations
Security Council (UNSC) Resolution 1559 in the
same month; and Mr Jumblatts withdrawal of support
for the government during that time. The witness also

www.stl-tsl.org
Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands PO Box 115, 2260 AC Leidschendam, Netherlands.
For 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)
www.twitter.com/stlebanonwww.facebook.com/stlebanonwww.youtube.com/stlebanonwww.flickr.com/stlebanon

spoke about Mr Hariris alliances during that period

and the Bristol Group, which called for greater Lebanese autonomy and was opposed to the extension of
Mr Lahouds mandate.

On 6 May 2015, the Trial Chamber granted the Prosecution leave to amend its exhibit list filed under Rule 91
of the RPEs. It found that the call data records (CDRs)
were not illegally transferred to the UNIIIC, or to the
STLs Office of the Prosecutor, in breach of either Rule
162(A) or (B) of the RPEs. The Trial Chamber held that
the transfer of Lebanese CDRs was lawful and did not
infringe international standards on human rights.

On 6 May, the Legal Representative of Victims examined Mr Jumblatt on the effect that the killing of
Walid Jumblatts father and founder of the PSP, Kamal
Jumblatt, in 1977 had on the Lebanese society in
general by drawing parallels between that event and
the assassination of Mr Hariri.

The Trial Chamber decided that it would defer a decision on the admissibility of the call sequence tables and
related witness statements until at least one witness has
testified about:

On 6 and 7 May, Mr Jumblatt was cross-examined by the Defence counsel for Mr Badreddine, Mr
Merhi and Mr Oneissi. The cross-examination of the
witness focused on the content of his statements to
the UNIIIC in 2005; the Taif Agreement of 1991; the
UNSC Resolution 1559; and Mr Jumblatts relationship with the Syrian regime and Syrian officials. It also
focused on statements Mr Jumblatt made in public or
gave to the press; the political party that he heads; and
his relations with a number of individuals in Lebanon,
Syria or elsewhere.

(i) The provenance of the underlying CDRs

(including the gathering, retrieval and storage of
this data); and
(ii) The production of the call sequence tables.
The Trial Chamber further decided that, if it is satisfied
of (i) and (ii), it would
Declare the statements of 8 witnesses admissible
under Rule 155 (C) or Rule 156 of the RPEs; and
Order the Prosecution to make these witnesses
available for cross-examination.

On 19, 20 and 21 May, the former media advisor of

Rafiq Hariri, Hani Hammoud, appeared before the
Trial Chamber.3 Mr Hammoud met Mr Hariri most
days for years and accompanied him on most of his
travels abroad. Mr Hammoud was privy to a number
of significant conversations the former PM had with
others, particularly in circumstances where messages
were delivered to the PM, including when he met
the Syrian President Bashar Al-Assad, the then Syrian
Deputy Foreign Minister, Walid Moallem, and the
former Head of the Syrian intelligences services in
Lebanon, Brigadier-General Rustom Ghazaleh. The
witness testified about major events occurring after
Mr Hariris assassination such as the 8 March and
14 March 2005 protests in Lebanon, as well as other
events reported in the media.

In an oral ruling on 20 May 2015, The Trial Chamber

certified for interlocutory appeal two issues requested by
the Oneissi Defence:
(i) Whether or not the Trial Chamber erred in
concluding that the Commissioner of the
UNIIIC and the Prosecutor of the STL could
legally request and obtain CDRs from Lebanese
telecommunications companies Alfa and MTC
without either Lebanese or international judicial
authorization; and
(ii) Whether or not the Trial Chamber erred in
concluding that the absence of judicial control
does not violate any international human rights
standard on the right to privacy, justifying the
exclusion of the CDRs under Rule 162?

an unsuccessful bombing attempt against the Italian

Embassy in Beirut in September 2004.

On 20 and 21 May, Mr Hammoud was cross-examined by the Defence counsel for Mr Oneissi, Mr Sabra
and Mr Badreddine. The cross-examination focused
on Mr Hariris relationship at the material time
with the Syrian regime and officials; as well as with
Hezbollah and Mr Hassan Nasrallah; the now-bankrupt Al-Madina Bank in Lebanon and his knowledge
of certain Islamist groups. The Defence also questioned the witness on his knowledge of certain individuals, the so-called false witnesses in the case of the
assassination of the former PM; Mr Hariris electoral
alliances prior to the 14 February 2005 attack and

On 22 May, the Trial Chamber received written

evidence previously ruled admissible under the Tribunals Rules of Procedure and Evidence (RPEs). The
Prosecutions documentary evidence is related to
the mechanical parts recovered from the Mitsubishi
Canter vehicle, which the Prosecution claims was used
to conceal and detonate the explosives on 14 February
2005, and the recovery of the alleged and unidentified
suicide bombers remains. The Prosecution also read
onto the record witness statements admitted under
Rules 155 and 158 of the RPEs regarding the aftermath of the 14 February 2005 attack in the area of

3 Mr Hammoud is also the Editor-in-Chief of the Lebanese daily Al

Mustaqbal and Chairman of Future TV.

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon.

explosion, the transportation of the Mitsubishi vehicle

and two statements by Taysir Abu Adass, the deceased
father of Ahmad Abu Adass. In addition, the Trial
Chamber admitted statements of witnesses and other
written evidence related to the purchase of handsets and
SIM cards that were used in the telephone networks
that the Prosecution claims were at the centre of the
conspiracy to assassinate Mr Hariri. Evidence was also
admitted about the locations at which different parts of
the Mitsubishi were found by investigators.

with respect to the detention of four Lebanese generals

in September 2005 and the attempt to release them
in 2007.a Defence counsel for Mr Badreddine asked
the witness about Hezbollahs stance in Lebanese
On 21 May 2015, the Trial Chamber denied the Badreddine Defence motion to admit into evidence two WikiLeaks documents: a document dated 6 July 2007 and
another 8 April 2008. The Defence had sought the
admission of these two Wikileaks documents during the
testimonies of Mr Siniora and Mr Jumblatt.

On 27 May and 28 May, the Defence completed

the cross-examination of the former Lebanese PM,
Fouad Siniora.4 Defense Counsel for Mr Badreddine
questioned Mr Siniora on several issues including
the economic and financial situation in the country
during the material time, and the role of Mr Siniora
4

politics before and after the Israeli withdrawal from

South Lebanon in 2000, and prior to and after the 14
February 2005 attack. The Defence cross-examined the
former PM about the circumstances of the adoption
of the UNSC Resolution 1559 and about a purportedly leaked American diplomatic cable published by
Wikileaks, which describe the relationship between Mr
Sinioras government and the US Embassy in Lebanon.
Mr Siniora was also questioned about his discussions
with US officials during and after the July 2006 war
between Hezbollah and Israel.

Mr Fouad Siniora first appeared before the Trial Chamber from 23-26
March 2015. For an overview of his testimony during that month, see
the March 2015 Bulletin, available at http://www.stl-tsl.org/en/newsand-press/stl-bulletin/3940-stl-bulletin-march-2015. Mr Siniora is a
former Prime Minister of Lebanon and was a long-time friend and
political ally of Mr Rafiq Hariri. He served as a Minister in each of
Mr Hariris cabinets from 1992 to 2004 before becoming PM (20052009).

In the Contempt Case against AL JADEED [CO.] S.A.L./NEW T.V.S.A.L (N.T.V.) and Ms Karma
Mohamed Tahsin Al Khayat (STL-14-05)6
On 12 May 2015, Ms Rana Sabbagh was the first
witness to appear for the Defence for Al Jadeed S.A.L.
and Ms Khayat before the Contempt Judge, Judge
Nicola Lettieri.6 Ms Sabbagh is the Executive Director
of the Arab Reporters for Investigative Journalism
(ARIJ), an Amman-based organisation that seeks to
promote a culture of media excellence and accountability journalism in the Arab world. ARIJ provides
training and workshops in nine Arab countries on the
basics of investigative journalism and how to publish
stories.

media houses in the Arab States to establish their own

investigative units. During her testimony, the witness
discussed the standards and modalities of investigative journalism in corruption or leak-related matters,
and the necessity for legal advice prior to the release of
potentially controversial media products.
Amicus Curiae: Latin for friend of the court, is an independent party who appears in court or otherwise provides
legal opinion on matter or legal issues in order to assist
the Chamber in its deliberations. This status can only be
conferred by the Chamber.

Ms Sabbagh testified that ARIJ provided a training

course to the staff of Al Jadeed, including Ms Khayat in
April/May 2012, as part of a project to assist promising

On the same day, Ms Sabbagh was cross-examined by

the Amicus Curiae Prosecutor (Amicus). The Amicus
questioned the witness about her relationship with
the Accused in the case, Ms Khayat, on the ethical
and professional standards of investigative journalism,
including on the justifications of non-compliance
with such standards and, if any, the circumstances in
which journalists may violate the law. Ms Sabbagh
also gave evidence about the standards that are in

5 This section provides an overview of the public courtroom hearings

in the case STL-14-05 only. Filings in this case are available on our
website: http://www.stl-tsl.org/en/the-cases/contempt-cases/stl-14-05/
filings-stl-14-05.
6

On 16 April 2015, the contempt case against Al Jadeed [CO.] S.A.L./

NEW T.V. S.A.L. (N.T.V) and Ms Karma Mohamed Tahsin Al Khayat
opened before the Contempt Judge, Judge Nicola Lettieri. Opening
statements were made by the Amicus Curiae Prosecutor, Defence
counsel and the Accused. The Amicus presented his case on 16, 17
and from 20-22 April 2015. For an overview of the hearings in April
see the April 2015 Bulletin available at http://www.stl-tsl.org/en/newsand-press/stl-bulletin/4022-stl-bulletin-april-2015.

All the public transcripts in the case STL-14-05 are available on our website in Arabic, English and French.

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon.

place to safeguard the security and privacy of people

being investigated by the media. She confirmed that
Al Jadeed did not consult the ARIJ before broadcasting
the programmes for which it is being prosecuted.

documents in August 2012, bearing the signature of

Ms El-Bassam. Prior to a hearing scheduled in October
2013 between the witness, Ms Meriam Al-Bassam and
her lawyer, Ms Maya Habli, Ms Al-Bassam withdrew
her complaint after she was surprised that she recognized her signature on the document. According to
the witness, Ms Al-Bassam may have thought that her
signature had been forged.

On 13 May, Mr Adbel-Hadi Mahfouz, the President of

the National Audio-Visual Media Council (NAMC) in
Lebanon, appeared before the Contempt Judge, Judge
Lettieri. Mr Mahfouz testified about the mandate
and role of the NAMC, as well as the control that the
NAMC has over items published on TV stations. The
witness testified that the NAMC received a letter from
the then Prime Minister Najib Mikati on 8 August
2012, requesting the NAMC to take appropriate
action against Al Jadeed S.A.L. in accordance with the
relevant laws. Mr Mahfouz spoke about a meeting he
held with representatives of Al Jadeed S.A.L. on the
same day and the response of the NAMC to Mr Mikatis letter dated 11 August. Additionally, Mr Mahfouz
spoke about the mechanisms that should be put in
place in his view to effectively serve STL documents to
Lebanese media houses. Repeatedly, the witness stated
that the STL should investigate the alleged leaks and
end the issue of the so-called false witnesses.

On 14 May, Mr Afif Chouaib testified before the

Contempt Judge, Judge Nicola Lettieri, via videoconference. Mr Chouaib is currently the Head of the
inspection and investigation bureau at the Directorate
General of the Civil Defence in Lebanon. The witness
testified that he previously met STL investigators in
relation to the Ayyash et al. case. He added that people
came to know about his contacts with STL officials, which made him feel uncomfortable. Then the
Defence examined the witness on his contacts with Al
Jadeed reporter, Firas Hatoum, when he approached
him at his workplace for the August 2012 broadcasts.
Mr Chouaib stated that he was later surprised when
he discovered that Al Jadeed journalist had a hidden
camera and a recorder when he came into his office.
The witness added that STL officials contacted him
a few days after the broadcasts, where he expressed
his concerns about the leaked information. He said
that he endured psychological and emotional consequences as a result of the publics perception of him
as a witness.

Mr Mahfouz was then cross-examined by the Amicus.

The cross-examination focused mainly on the
NAMCs relationship with the Lebanese Government,
its relationship with the Prosecutor General, the measures that the NAMC undertook after it received the
former PM Najib Mikatis letter on 8 August 2012,
the STL Registrars notice of the cease-and-desist order
of 7 August 2012 and Lebanese Prosecutor Generals
6 September 2012 letter. The Amicus questioned the
witness on the different approaches adopted by the
NAMC in relation to each of those documents. He
also asked the witness about the existing limitations
on the medias ability to broadcast certain information
based on Lebanese laws and regulations, cases where
the NAMC had intervened to prevent or issue sanctions against, certain materials from publication, as
well as on the need to protect confidential materials;
and details of investigations. During his cross-examination Mr Mahfouz reiterated that the STL should
liaise with the NAMC for assistance and cooperation.

Counsel for the Amicus cross-examined the witness

about his statement to the Defence to Al Jadeed S.A.L,
the effects that the publication of the Al Jadeed had on
his life and the publics perception of persons being
known as witnesses at the STL.
The Contempt Judge scheduled the filing of final briefs
for 8 June and the presentation of closing arguments
in the case STL-14-05 for 18 June 2015. Any rebuttal
or rejoinder arguments by the parties will be presented
on 19 June.

On 13 May, Judge Charbel Bou Samra, an assistant

to the Prosecutor General at the Lebanese Court of
Cassation, testified before Judge Lettieri. Mr Bou
Samra was assigned by the Lebanese Prosecutor
General to start an investigation in a case of forgery
lodged by Ms Mariam Al-Bassam, Head of News and
Political Programmes at Al Jadeed S.A.L.. The lawsuit
was related to a report by the Lebanese Judicial Police
pertaining to the confirmation of the receipt of STL

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon.

NEWS AND VISITS

On 18 May 2015, the President and Registrar of
the STL concluded a successful visit to the United
Nations in New York. Judge Ivana Hrdlikov and

held in Beirut. The landmark text, which is written

by the late STL President Antonio Cassese, is the first
book in Arabic on international criminal law.
The book launch was inaugurated by the Btonnier
of the Beirut Bar Association, Georges Jreij, the Swiss
Ambassador Franois Barras, as well as the CEO of
Sader Legal Publishers, Rany Sader, and Olga Kavran,
Head of the Outreach at the STL, in the presence of
Judge Maysam Noueiri, representing the Lebanese
Minister of Justice.

Photo: United Nations 2015

Daryl Mundis held meetings with the UN Secretary-General, Ban Ki-moon, and senior UN officials.
The Secretary-General reaffirmed the commitment of
the United Nations to the STL, as it works to bring
those responsible for the crimes under the Tribunals
mandate to justice.
The STL President and Registrar also met the Permanent Representative of Lebanon to the United Nations,
as well as his counterparts from several MENA and
other States. In addition they met representatives of
the EU.
On 20 May 2015, the launch of an Arabic edition of
the seminal text International Criminal Law was

On 7 and 8 May 2015, a meeting of the Heads of

Interpreting Services of national and international
organisations and institutions (HINTS) was held in
The Hague. The event was co-hosted by the STL, the
ICC and the ICTY. The STL organised a meeting on
its own premises with interpretation students from five
Lebanese universities. The students and the interpreter
training staff from those universities met at lEcole
de traducteurs et dinterprtes at Saint Joseph University in Beirut and held discussions via video link with
the head interpreters of 19 national and international
organisations.
In the month of May, the STL also received visits
from various academic institutions. Students from the
Universit Paris Ouest (France), the Universit Libre de
Bruxelles (Belgium), the International Studies Trinity
University and the Webster University in the US, as
well as The Hague University for Applied sciences in
the Netherlands visited the STL. A group from the
University of Pavia in Italy and students participating
in the ICC Moot Court Competition organised by the
Grotius Centre for International Legal Studies (Leiden
University) also visited the Tribunal.
You can book a visit for a group of at least ten people by
filling in the online booking form no later than one month
prior to the proposed date of visit.

www.stl-tsl.org
Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands PO Box 115, 2260 AC Leidschendam, Netherlands.
For 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)
www.twitter.com/stlebanonwww.facebook.com/stlebanonwww.youtube.com/stlebanonwww.flickr.com/stlebanon