Mobile  |  About us  |  Photos  |  Videos  |  Subscriptions  |  RSS Feeds  |  Today's Paper  |  Classifieds  |  Contact Us
The Daily Star
SATURDAY, 26 MAY 2012
06:34 AM Beirut time
Weather    
Beirut
19 °C
Blom Index
1,164.1up
A+ A-
     
 
Advanced Search
Politics  
Lebanon’s efforts to arrest accused suspects insufficient: Cassese

BEIRUT: The head of the U.N.-backed investigation into the assassination of former Prime Minister Rafik Hariri said Thursday attempts by Lebanese authorities to arrest four Hezbollah members accused of the crime were “not sufficient.” Special Tribunal for Lebanon President Antonio Cassese urged Beirut to redouble efforts to arrest and extradite the four suspects, adding that its efforts to do so had been “thus far reasonable.”

“[Lebanon] is bound to continue cooperating with the tribunal for the search, arrest, detention and transfer of the four accused,” Cassese wrote in the order calling for a public advertisement of Prosecutor Daniel Bellemare’s indictment, the contents of which were released Wednesday.

“Considering that its past efforts have borne no fruit, it is indeed obliged to even intensify its efforts in this respect,” the Canadian judge added.

Earlier this month, Lebanon issued its report to the STL on how the search for the four accused was progressing. In it, State Prosecutor Saeed Mirza said that authorities had “exerted its utmost efforts to execute [the] arrest warrants in the name of the four accused.”

The report concluded that authorities have been unable to apprehend the suspects, in spite of steps including “surveillance, interviewing alleged associates of the accused, visiting localities where the accused are believed to have connections, meeting with municipality officials and interviewing neighbors,” according to an STL statement.

Cassese disclosed several details from the report. For Salim Jamil Ayyash, accused by Bellemare of leading Hariri’s assassination hit squad, judicial police knocked on the doors of several known previous addresses, receiving no answer. They also received records of Ayyash’s movements in and out of Lebanon, “which included visits to other countries in the region between 1999 and 2005.”

One of the more eye-opening findings of the report was that investigators visited an office at which Ayyash had been employed since 2009. They found the suspect “had stopped coming to work after the arrest warrant was issued against him; as a result, his job had been terminated on Jul. 15, 2011” – two weeks after the first indictment arrived in Beirut.

The report concluded that Ayyash’s current whereabouts were unknown.

For Mustafa Amine Badreddine, alleged to have masterminded the conspiracy to kill Hariri, and Hussein Hassan Oneissi and Assad Hassan Sabra, who are accused of fabricating a video claiming false responsibility for the Feb. 14, 2005, bombing, a similar pattern emerged. Authorities monitored several addresses for each of the men, spoke with local officials and interviewed former associates.

Each time the same pattern emerged: The men had not been seen at listed addresses for several years; even family members living at those residences had not been seen for months.

Spurred by the fact that the accused’s whereabouts could not be pinpointed – it is not even clear whether they are still in Lebanon – Cassese requested that STL pre-trial judge explore the possibility of disseminating public advertisement documents in countries other than Lebanon.

In spite of Lebanon’s report and Prime Minister Najib Mikati’s insistence that authorities continue to pursue the suspects on a daily basis, Hezbollah leader Sayyed Hasan Nasrallah has vowed the men would not be arrested “even in 300 years.”

Although the accused’s last known whereabouts are reported to be in Lebanon, there have been suggestions that some of the men may have left the country. Interpol “Red Notice” warrants have been issued against the four men, and could be delivered to states besides Lebanon if investigators have reason to believe that the accused individuals have fled.

When the public advertisement is issued, Lebanese authorities have an additional deadline of 30 days to bring the men in. After that deadline, it is up to the court to decide when to commence in absentia trials.

Cassese offered insight into his thinking in this regard: “Further delay is not warranted.” He called for Lebanon to redouble efforts to arrest the wanted four, and ruled that Mirza must report back to The Hague on capture efforts each month.

“It must be emphasized, however, that the report submitted by Lebanon on Aug. 9, 2011, does not end Lebanon’s continuing obligation to assist the tribunal in searching for, serving, arresting, detaining and transferring the accused,” Cassese said. “While the procedures followed Thursday are reasonable, at this point they are not sufficient.”

The president last week issued an open letter to the accused, urging them to hand themselves in to authorities and seek legal counsel. In Thursday’s court order, the Canadian judge went even further, saying that the men would remain wanted – and Lebanon still obligated to capture them – even after the conclusion of potential in absentia trials. “The obligation of states to cooperate with international criminal tribunals does not terminate with the winding down and the actual end of such tribunals,” Cassese said. He pointed out that under Lebanese law, in the event of wanted individuals being incommunicado the service of legal documents can be made through family members, domestic employees or any other adult living at the same address. They can even be posted to the accused’s last known place of residence or sent to the entrance of the judicial authority that ordered notification.

Cassese concluded that Lebanese authorities were compelled “under the laws of Lebanon” to continue their search for suspects, adding justice would prevail whether the men turned themselves in or not.

A version of this article appeared in the print edition of The Daily Star on August 19, 2011, on page 1.
Home Politics
 
 
Advertisement
Comments  
alissar smith August 19, 2011 04:02 PM

The tribunal do not have sufficent evidence it's only accusations based on politics and Isreal played a big part in it.

Paul August 19, 2011 11:05 PM

Here is a sad para-anecdote for you:
Mikati: "ring ring to Hozeballah- hello boss, what should I say to the STL?"
Nasrallah: "Yo M. Just got a call from the guys. They are in Syria and Iran. You can tell the STL that they are 100 percent not in Lebanon."
Mikati; "Ring ring to STL - We looked in Heaven and Hell. Those ninja warrior assassin class are not in Lebanon (but their boss is and I am not gonna tell you that)"
STL: "Thanks M., we appreciate your overwhelming efforts for justice and country. Just say hi to your boss ..."

Your feedback is important to us!
We invite all our readers to share with us their views and comments about this article.

Disclaimer: Comments submitted by third parties on this site are the sole responsibility of the individual(s) whose content is submitted. The Daily Star accepts no responsibility for the content of comment(s), including, without limitation, any error, omission or inaccuracy therein. Please note that your email address will NOT appear on the site. All fields are mandatory.

Name *
Email *
Country *
City *
Comment
*
Word Count: Left:
Toolbox
print
email
e-paper
e-paper
More from
Patrick Galey
STL not investigating false witnesses, says tribunal’s registrar on Twitter
Special Tribunal says will not probe 'false witnesses'
Beirut complains to U.N. over Israel attack
Hezbollah: Israel detonated spying device in south
STL: Funding will facilitate key projects
Cabinet survival trumps objections to tribunal
STL president hails first Beirut visit as highly successful
STL president defends work of court
Lebanese Army attributes south Lebanon blast to land mine
Brazilian frigate joins UNIFIL Maritime Task Force fleet
View allview all
Advertisement
Most Popular
Viewed Searched e-mailed
1. Assad aides were targets of assassination attempt, Israeli officials say: report
 
2. Lebanese abducted in Syria freed, families eagerly wait at Beirut port
 
3. Say cheese! NASA Mars rover photographs own shadow
 
4. Hezbollah says for unconditional dialogue, thanks Hariri for hostage release efforts
 
5. Army detains 11 Syrians after brawl in east Lebanon
 
6. Lebanese hostages in Syria to be released "within hours": sheikh
Advertisement
 
Follow us on Facebook Follow us on Twitter Follow us on Linked In Follow us on Google+ Subscribe to our Live Feed
 
Multimedia
Images Video  
Pictures of the Day
A selection of images from around the world- Thursday May 24, 2012
View all view all
Rami G. Khouri
Rami G. Khouri
Egyptians as they really are, for once
Michael Young
Michael Young
Will Tripoli make Samir Geagea pay?
David Ignatius
David Ignatius
A string of detonators cuts through the Middle East
View all view all
 
cartoon
 
Click to View Articles
Advertisement
 
 
News
Business
Opinion
Sports
Culture
Technology
Entertainment
Privacy Policy | Anti-Spamming Policy | Disclaimer | Copyright Notice
© 2011 The Daily Star - All Rights Reserved - Designed and Developed By IDS