Judge Daniel Fransen rules on connected cases in Hariri trial

The Special Tribunal for Lebanon building in Beirut, Lebanon. The UN-backed Special Tribunal for Lebanon (STL) investigating the 2005 murder of former Lebanese prime minister Rafiq Hariri indicted Salim Ayyash, 47, Mustafa Badreddine, 50, Hussein Anaissi, 37 and Assad Sabra, 34, for the 14 February 2005 suicide car bomb attack in Beirut that killed Hariri and 22 others. On Friday the Tribunal has established jurisdiction over three attacks relating to Marwan Hamadeh, George Hawi and Elias El-Murr.  The Pre-Trial Judge has also ordered that the Lebanese authorities provide the relevant files to the Prosecutor.

On 30 June 2011, Pre-Trial Judge Daniel Fransen received a request from the Office of the Prosecutor to determine whether or not these cases are connected to the attack of 14 February 2005. Judge Fransen ruled confidentially on 5 August that the Prosecutor had presented prima facie evidence that each of the three cases are connected, and are thus within the Tribunal's jurisdiction. Judge Fransen has today issued three deferral orders requesting the Lebanese judiciary to comply within the next 14 working days. The Pre-Trial Judge authorises the Prosecution to share his confidential decision on the connected cases with the Lebanese authorities.

The decision on connectedness otherwise remains confidential so as not to compromise the investigation, and to protect the victims and potential witnesses. According to the Tribunal’s Statute, a case is connected to the 14 February 2005 attack if it is of a "similar nature and gravity" and has a number of elements in common with it, such as “the criminal intent (motive), purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi) and the perpetrators.” According to Article 1 of the Statute, the Tribunal has jurisdiction over attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005 but only if their connectedness to the Hariri attack is determined by the Pre-Trial Judge.

While the Pre-Trial Judge's rulings do not mean that an indictment will necessarily be issued by the Prosecution, it allows them to continue investigating these cases. It is for the Prosecutor to determine whether there is sufficient evidence to support an indictment in any of these three connected cases.

Canada's security service identified possible Hezbollah reprisals over Hariri murder indictments as a national security threat, said a report Thursday. A classified document cited by the Montreal French-language daily La Presse, entitled "Special Tribunal for Lebanon: does Hezbollah have recourse for violence in 2011?" outlines the concerns of Canada's Integrated Threat Assessment Centre. The STL prosecutor in the case, Daniel Bellemare, is Canadian. Two dozen of his compatriots also work for the tribunal.

"Many Lebanese see the STL's investigation as being run by Canadians since it is headed by a Canadian," the said Integrated Threat Assessment Centre document penned in March. It notes that "Canada has considerable interests in Lebanon" and the Lebanese diaspora in Canada includes Hezbollah sympathizers. As such, it goes on to say, Ottawa must remain vigilant against possible reprisals. The Iran-backed Shiite militia is blacklisted by the Canadian government.

As Hezbollah, with MP Hasan Fadlallah speaking on its behalf, stressed it will respond to the indictment by refuting the arguments and evidence, STL President Antonio Cassese called on Lebanese authorities to intensify efforts to arrest the four suspects, urging State Prosecutor Saeed Mirza to “submit a monthly report to the STL in this regard.” For his part, Prime Minister Najib Mikati rushed to respond to remarks made by March 14 forces by renewing his commitment to the STL during Cabinet’s Thursday meeting in which he also put emphasis  on the need to reach the truth in Hariri’s assassination away from politicization or revenge. As the Future Movement called for a popular gathering outside Hariri’s tomb after Friday prayers , Future Movement sources stressed the need to “completely separate” between Hezbollah and Shiites, pointing out that the Future Movement insist that Hariri’s killers are “individuals and not groups or parties.”

Leaders of the March 14 coalition have held a series of contacts and meetings following issuing of the STL indictment and Hezbollah leader Sayyed Hasan Nasrallah’s Wednesday speech and decided to deal with Hezbollah on the basis that it is “hampering the course of justice and protecting the accused.” Prominent March 14 sources said that March 14 will hold a meeting next week to announce what they termed “key and stern” measures to be followed by an extraordinary meeting at the Bristol hotel in parallel with a multifaceted campaign that could include demonstrations to “defend the international tribunal and justice and to compel the Mikati government to fulfill Lebanon’s commitment toward the STL or resign.”