STL Bulletin January - March 2021 - Special Tribunal for Lebanon

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STL Bulletin January - March 2021 - Special Tribunal for Lebanon
STL Bulletin
                                                                  January - March 2021

 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.

  The Prosecutor v. Ayyash et al. (STL-11-01)
 Developments in the Ayyash et al. case                                                 Chamber grant the appeal and enter convictions
                                                                                        against Mr Merhi and Mr Oneissi.
 The Ayyash et al. case is currently at the appeals
 phase. Following the trial Judgment pronounce-                                         On the same date, the Ayyash Defence also filed
 ment on 18 August 2020 in which Mr Salim Jamil                                         a Notice of Appeal against the trial Judgment and
 Ayyash was convicted and Messrs Hussein Hassan                                         the Sentencing Judgment. Counsel sought to chal-
 Oneissi, Hassan Habib Merhi and Assad Hassan                                           lenge every finding of guilt and requested that all
 Sabra were acquitted, Trial Chamber I pronounced                                       convictions against Mr Ayyash be overturned. The
 its Sentencing Judgment in the case on 11 December                                     Ayyash Defence further sought that in the event
 2020. It unanimously sentenced the convicted                                           the convictions are upheld, a single sentence be
 person, Mr Ayyash, to life imprisonment for each                                       imposed. The Defence appeal included submis-
 of the five counts on which it had found him guilty.                                   sions on assigned Defence Counsel’s standing to
 It ordered that the sentences be served concurrently.                                  lodge an appeal against the judgments rendered
                                                                                        in absentia. Counsel based these submissions on
 On 12 January 2021, the Prosecution filed a                                            several arguments, namely that the Statute permits
 Notice of Appeal alleging errors of law and fact in                                    Defence counsel to exercise the Article 26 (1) right
 the Judgment. The Prosecution submitted that such                                      to appeal in the context of in absentia proceedings,
 errors invalidate the trial Judgment and occasion a                                    that the STL’s Rules of Procedure and Evidence
 miscarriage of justice. It requested that the Appeals                                  (RPE) confirm Counsel’s power to exercise the

                                      Special Tribunal for Lebanon, Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands
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absent convicted person’s right of appeal, and that                        on 29 January 2021. On 4 January 2021, the LRV
the Statute’s spirit, the principle of effectiveness, and                  had filed a request to participate in the appellate
the principle of in dubio mitius, also support Coun-                       stage of the proceedings and made submissions on
sel’s mandate to lodge an appeal. The Defence stated                       modalities of victim participation.
that the Statute’s spirit encompasses the pursuit of
truth and justice and that the Statute and RPE must                        On 12 January 2021, the Ayyash Defence filed an
be constructed in a manner that renders the Tribu-                         application pursuant to Rule 25 of the RPE seeking
nal’s legal framework effective and operational to                         the disqualification of Judge Ralph Riachy from
avoid a dissonant and unfair outcome. The Ayyash                           participating in the Appeals Chamber’s determi-
Defence finally submitted that should there be any                         nation of the discrete matter of assigned Counsel’s
ambiguity, on the construction of the Statute and                          standing to exercise Mr Ayyash’s right of appeal
RPE, Rule 3 (B) requires resolution by adopting the                        against the trial Judgment and Sentencing Judgment.
most favorable interpretation which, in this case, is                      On 3 February 2021, after being seized of the
to permit counsel to exercise the right of appeal.                         matter by the STL President on 14 January 2021, a
On the same date, the Legal Representatives of                             Rule 25 Panel examined the Ayyash Defence’s appli-
Victims (LRV) filed a Notice of Appeal against the                         cation of 12 January 2021, the response filed by
Sentencing Judgment alleging errors of law by Trial                        the Prosecution and the views of Judge Riachy, and
Chamber I in its failure to impose financial penalties                     dismissed the application as unfounded. The Panel
in the form of fines and/or compensation orders, as                        concluded that the Applicant has not established
well as to request the Lebanese authorities to trace,                      that the requirements of Rule 25 (A) have been met
seize and freeze assets that belong to Mr Ayyash.                          so as to warrant the disqualification of Judge Riachy.
The LRV appeal also included submissions on their                          On 24 February 2021, the Appeals Chamber
standing to file such notice and its admissibility.                        dismissed the LRV Notice of Appeal against the
The LRV submitted that the RPE permit them to                              Sentencing Judgment as inadmissible. The Appeals
file a Notice of Appeal based on several arguments                         Chamber also authorized the VPPs to partici-
including the provisions governing victim partic-                          pate in the appellate proceedings for the purpose
ipation and their right to present their views and                         of expressing their views and concerns on issues
concerns, namely Article 17 of the Statute and Rule                        affecting their personal interests. The Acting Registrar
87 (D) of the RPE, and the existence of Rule 176 (B)                       had requested that the Appeals Chamber authorize
which, as claimed by the LRV, allows for the transfer                      the Victims Participation Unit to continue receiving
of the modalities of participation granted by Trial                        confidential orders and decisions and confiden-
Chamber I during sentencing proceedings to appeals                         tial filings emanating from and distributed to the
proceedings. The LRV also argued that the same logic                       LRV in the context of the appellate proceedings; the
applied in the Appeals Chamber’s decision allowed                          request was granted by the Appeals Chamber.
them to file an interlocutory appeal against a PTJ
ruling concerning protective measures for Victims                          On 29 March 2021, the Appeals Chamber found by
Participating in the Proceedings (VPPs)could apply                         majority that Counsel for Mr Ayyash, who have not
to the appeal against a sentence. Finally, the LRV                         been accepted nor appointed by the Accused, have
submitted that the Appeals Chamber should admit                            no standing to appeal the Judgment and Sentencing
the Notice of Appeal under its inherent jurisdiction                       Judgment and that the STL’s legal framework of in
in the interests of justice noting that this would not                     absentia proceedings does not contemplate a Defence
cause prejudice to the Parties. After inviting the                         appeal lodged in absentia against a Judgment issued
parties on 15 January 2021 to make submissions                             in absentia. The Appeals Chamber dismissed the
in relation to the LRV request and admissibility of                        Ayyash Defence’s Notice of Appeal as inadmissible.
the notice of appeal, the Appeals Chamber received                         Annexed to the decision were two dissenting opin-
submissions from the Prosecution and Counsel                               ions by Judge David Baragwanath and Judge Daniel
for Mr Ayyash, Mr Merhi and Mr Oneissi, on 26                              Nsereko.
January 2021, as well as from the Acting Registrar

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Did you know?
 Pursuant to the STL’s Statute, appeals shall be heard                    rights, trials in absentia are a legitimate means to
 from “persons convicted by the Trial Chamber” or                         achieve justice and to ensure that evidence is not
 from the Prosecutor. The Statute does not expressly                      irreparably lost due to the passing of time and plays
 provide for a Defence appeal in absentia, as noted                       a major role in promoting justice for victims and
 by the Appeals Chamber in their decision on                              social peace. As an individual, a person convicted
 admissibility of the Ayyash Defence’s Notice of                          in absentia retains the right to appeal the Judg-
 Appeal.                                                                  ments if he appears, or request a retrial.
 In parallel, the Statute expressly provides for trials                   Find out more about Trials in absentia and Appeals
 in absentia to allow criminal proceedings and                            proceedings at the STL in the FAQs on the STL
 their search for the truth to progress rather than                       website:
 being delayed indefinitely due to the absence of an                      https://www.stl-tsl.org/en/frequently-asked-
 accused. Accompanied by the necessary safeguards                         questions
 for the Accused and when they fully respect their

On 29 March 2021, the Prosecution submitted                               including mobile Green 071, was used to coordinate
its Appeal brief comprising of eight grounds of                           the assassination and the false claim of responsibility
appeal, all built towards finding Mr Merhi and                            for the attack, to correct the erroneous treatment and
Mr Oneissi guilty of the counts 1 and 6-9 of the                          assessment of cell site evidence and Trial Chamber
amended consolidated indictment. In the first 3                           I’s conclusion regarding its reliability which would
grounds of appeal, the Prosecution asks the Appeals                       lead to the reconsideration of the coordinated move-
Chamber to correct Trial Chamber I’s errors in artic-                     ments of Mr Oneissi and mobile Purple 018. It also
ulating and applying the law. Building on these legal                     requested the Appeals Chamber to find that Mr
errors, the Prosecution asks the Appeals Chamber                          Merhi, Mr Oneissi and the user of the mobile Purple
to correct Trial Chamber I’s findings in grounds 4                        018 disseminated the false claim of responsibility for
to 8. This includes finding that Mr Merhi used the                        the attack. The Prosecution asked that the Appeals
mobile Green 071, finding that the Green network,                         Chamber consider the grounds in combination.

 Did you know?
 The Prosecution alleged that five interconnected                         groups were coded by colour and are available in
 mobile telephone networks/groups were involved in                        the Primer on Telecommunications Evidence:
 planning, preparing and executing the 14 February                        https://www.stl-tsl.org/sites/default/files/bulletin/
 2005 attack. For ease of reference, the networks/                        Primer.pdf

Background
On 18 August 2020, the Trial Chamber pronounced                              • Intentional homicide of additional 21 persons with
its Judgment and unanimously found Mr Ayyash                                   premeditation by using explosive materials; and
guilty beyond reasonable doubt as a co-perpetrator of:
                                                                            • Attempted intentional homicide of 226 persons
                                                                              with premeditation by using explosive materials.
 • Conspiracy aimed at committing a terrorist act;
                                                                          It further found Mr Merhi, Mr Oneissi and Mr Sabra
 • Committing a terrorist act by means of an explo-                       not guilty of all counts charged in the amended
   sive device;                                                           consolidated indictment.
 • Intentional homicide of Mr Rafik Hariri with                           On 11 December 2020, Trial Chamber I unani-
   premeditation by using explosive materials;                            mously sentenced Mr Ayyash to five concurrent
                                                                          sentences of life imprisonment.

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                                                                      3
The Ayyash et al. case concerns the attack on former                       the Al-Jazeera news network in Beirut received calls
Lebanese Prime Minister Rafik Hariri’s life by explo-                      claiming responsibility for the attack, and a video
sives equivalent to 2,500 to 3,000 kilograms of TNT                        tape that it later broadcast. In the video, a young
in daytime on 14 February 2005 in central Beirut. The                      Palestinian man, Mr Ahmad Abu Adass, claimed, on
explosion killed 22 people, including former Prime                         behalf of a fundamentalist group called ‘Victory and
Minister Hariri, and injured 226 others. Shortly                           Jihad in Greater Syria’, to have executed a ‘resounding
after the explosion, on the afternoon of 14 February,                      martyrdom operation’ against Mr Hariri.

 Did you know?
 The Ayyash et al. case is currently in the Appeals                        The Prosecutor can file a brief in reply within 15
 phase. The Prosecutor v. Merhi and Oneissi is the                         days of filing the Respondents’ Brief.
 current matter before the Appeals Chamber. Now
 that the Prosecution filed its Appeal brief on 29                         The LRV has 15 days to file consolidated observa-
 March 2021, what are the next steps?                                      tions on the Prosecutor’s and Respondent’s Briefs.
                                                                           The Prosecutor and the Respondents may file a
 The Defence teams for Mr Merhi and Mr Oneissi                             Response to the LRV’s observations within 10 days.
 have each 60 days to file their responses if they elect
 to do so.                                                                 The Appeals Chamber shall then set the date for
                                                                           a public hearing and then withdraw to deliberate
                                                                           and issue the Appeal Judgment.

The Prosecutor v. Ayyash (STL-18-10)
Developments in the Ayyash case                                            On 18 February 2021, the PTJ ordered the LRVs
                                                                           to provide further details for their Rule 91 lists of
On 29 January 2021, the three LRVs filed, under                            witnesses and exhibits which necessary to assist in
Rule 91 (H) of the RPE, their respective submis-                           the preparation of the Rule 95 report and that will
sions with the list of witnesses which they would like                     allow Trial Chamber II to effectively prepare for the
Trial Chamber II to call and the list of exhibits that                     trial. The PTJ also ordered LRV1 to re-submit his
they would tender into evidence. The LRV for the                           Rule 91 witness list and all three LRVs to re-submit
attack against Mr Hamade (LRV1) filed a list of 14                         their Rule 91 exhibit lists specifying any duplication
witnesses, the LRV for the attack against Mr Hawi                          with the Prosecution’s Rule 91 exhibit list. LRV1
(LRV2) filed a list of 15 witnesses and the LRV for                        and LRV2 filed their revised lists on 1 March 2021
the attack against Mr El Murr (LRV3) filed a list of                       and LRV3 on 2 March 2021.
26 witnesses.
                                                                           On 18 February 2021, the Defence filed a motion,
On 3 February 2021, during the fifth Status Confer-                        pursuant to Articles 16 and 20 of the Statute and
ence, the PTJ heard the Parties’ and LRVs’ views                           Rule 155 of the RPE, requesting Trial Chamber II
on the tentative start date for trial. The Parties and                     to order the Prosecution to file a revised witness
LRVs informed the PTJ of the challenges caused by                          list under Rule 91 (G) (ii) to significantly limit the
the pandemic to their work, including their inves-                         number of witnesses it will rely on at trial pursuant
tigative activities, cooperation with the Lebanese                         to Rule 155. The Defence argued that this would
authorities and their ability to comply with the                           ensure the fairness of the proceedings and respect
deadlines set in the PTJ’s working plan.                                   the Accused’ right to a fair trial and the principle
On 8 February 2021, the Prosecution filed a notice                         of hearing live testimonies in court. The Defence
of addition of five witness statements to its Rule 91                      claimed that the Prosecution’s Pre-Trial Brief and
exhibit list.                                                              witness and exhibit lists suggest the intention to
                                                                           call to testify viva voce merely 12 out of the 275

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Did you know?
 After the completion of the pre-trial phase, the                          a detailed report and the purpose of this file is to
 Pre-Trial Judge will transfer the case to Trial                           allow Trial Chamber II to prepare effectively for
 Chamber II, which sets the final date for the trial.                      the trial. The transmission of the exhibits, witness
 Rule 95 (A) of the RPE provides that the PTJ                              statements, expert reports and the PTJ’s Rule 95
 shall submit to the Trial Chamber a complete file                         report in fact allows Trial Chamber II “to perform
 consisting in particular of the documents filed by                        their statutory duties in full knowledge of the facts
 the Parties and LRVs in addition to any evidentiary                       in the interests and respect for the rights of the
 material received. The complete file also includes                        Accused.”

witnesses it wishes to rely on in its case, which effec-                   unsubstantiated and misconceived, arguing that
tively means that the Prosecution seeks to tender                          the Defence did not demonstrate that the PTJ has
the evidence of 95.6% of its witnesses by means of                         the authority to order amendment of the Pre-Trial
written statements.                                                        brief and Rule 91 witness and exhibits list nor the
                                                                           confirmed Indictment.
On 19 February 2021, the Prosecution submitted
the list of 57 witnesses granted protective measures                       On 12 March 2021, the Prosecution filed a notice
in the Ayyash et al. case (STL-11-01), following the                       of its disclosure of statements and reports for 31
PTJ’s order during the fifth Status Conference held                        expert witnesses, pursuant to Rule 161 of the RPE.
on 3 February 2021.
                                                                           On 16 March 2021, the Prosecution filed its notice
On 25 February 2021, the PTJ set 16 June 2021 as                           of the specific counts and relevant paragraphs in
a tentative date for the start of trial, after consulting                  the indictment on which each witness is expected
with the Parties, LRVs, Presiding Judge of Trial                           to testify, and provided notice of certain changes to
Chamber II, Registrar and President of the STL.                            its initial consolidated list of witnesses filed on 11
The pre-trial phase will continue and the PTJ will                         December 2020.
actively carry on his mandate by taking necessary
measures to prepare for a fair and expeditious trial.                      On 17 March 2021, Trial Chamber II dismissed the
                                                                           Defence’s motion of 18 February 2021 and consid-
On 5 March 2021, the PTJ transmitted to Trial                              ered that it is not competent to rule on it as it is
Chamber II the Rule 91 lists of witnesses and                              neither formally seized of the case nor it constitutes
exhibits submitted by the LRVs in the interests of                         any of the limited situations recognised by the RPE
expeditious proceedings and to allow Trial Chamber                         as falling within the Trial Chamber’s competence
II to familiarize itself with this material and to                         prior to the transfer of the case file from the PTJ
prepare effectively for trial.                                             under Rule 95 (B). Trial Chamber II also found that,
                                                                           even if it had been competent, the Defence’s motion
On 12 March 2021, the PTJ considered he is not                             is premature. Trial Chamber II had also considered,
competent to rule on the Ayyash Defence’s request                          in its decision, the LRV1 observations in support of
of 1 February 2021 to note the violation of Rule                           the Defence’s motion and the Prosecution’s response
71 of the RPE and order the Prosecution to file a                          to the Defence’s motion, both received on 4 March
Pre-Trial Brief in accordance within the limits of the                     2021, in which the Prosecution argued that the Trial
indictment. The PTJ submitted the request to Trial                         Chamber lacks jurisdiction to be seized of the issues
Chamber II. On 1 February 2021, the Defence had                            raised in the Defence’s motion..
requested the PTJ to note the irregularity of certain
parts of the Prosecution’ Pre-Trial Brief breaching                        On 24 March 2021, during the sixth Status Confer-
Rule 71 in that they exceed the scope of the facts                         ence, the Parties and the LRVs updated the PTJ on
pleaded in the Indictment and to take measures as                          the progress of the disclosure proceedings, antic-
to remedy that breach, which is highly prejudicial to                      ipated pre-trial motions, on-going discussion on
the Accused before the start of trial. On 15 February                      points of agreement. They also informed the PTJ of
2021, the Prosecution, in its response, requested                          the impact of Covid restrictions and staff reductions
that the PTJ dismisses the Defence’s motion as                             on their preparations for the trial.

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Did you know?
 Pursuant to Rule 91 (G) (ii), the PTJ shall order the                     a written statement or a transcript of evidence
 Prosecution to file the list of witnesses including                       which was given by a witness in proceedings
 an indication of whether the witness will testify                         before the Tribunal in lieu of oral testimony. For
 in person or pursuant to Rules 93, 123, 124, 125,                         more, click here:
 155, 156, 157 and 158 of the RPE.                                         https://www.stl-tsl.org/sites/default/files/
                                                                           documents/legal-documents/RPE/
 According to Rule 155, the Trial Chamber may                              RPE_April_2019_EN.pdf
 admit the evidence of a witness in the form of

Background                                                                 Tribunal finds that these attacks are connected to the
                                                                           attack of 14 February 2005, in which former Leba-
The STL Pre-Trial Judge Daniel Fransen confirmed                           nese Prime Minister Rafik Hariri and 21 others were
an indictment against Mr Salim Jamil Ayyash in the                         killed and 226 injured.
Ayyash case. This case relates to three attacks against
Mr Marwan Hamade, Mr Georges Hawi and Mr                                   Information about the attacks
Elias El-Murr, which took place on 1 October
2004, 21 June 2005 and 12 July 2005 respectively.                          On 1 October 2004, an explosive device targeted Mr
The Pre-Trial Judge had determined that the above                          Marwan Hamade (a Lebanese politician) in Beirut.
attacks were connected to the 14 February 2005                             Mr Hamade and another person were injured, and
attack against former Lebanese Prime Minister Rafik                        his bodyguard Ghazi Abou-Karroum was killed.
Hariri.                                                                    On 21 June 2005, an explosive device targeted Mr
For more information on the key developments in                            Georges Hawi (a Lebanese politician) in Beirut. Mr
the Ayyash case, please consult this link: https://www.                    Hawi was killed and two other persons were injured.
stl-tsl.org/en/the-cases/stl-18-10/key-developments                        On 12 July 2005, an explosive device targeted Mr
The STL has jurisdiction over persons responsible                          Elias El-Murr (a Lebanese politician) in Antelias.
for attacks that took place in Lebanon between                             Khaled Moura was killed, and Mr El-Murr and 14
1 October 2004 and 12 December 2005 if the                                 others injured.

 Did you know?
 The Ayyash case (STL-18-10) relates to three attacks                      doubt in the Ayyash et al. case (STL-11-01), which
 against Mr Marwan Hamade, Mr Georges Hawi                                 relates to the 14 February 2005 attack that led to
 and Mr Elias El-Murr. These attacks were found                            the killing of former Prime Minister Hariri and 21
 to be connected to the 14 February 2005 attack                            others, and injured 226 more. Despite having one
 against former Prime Minister Rafik Hariri.                               common Accused, Mr Ayyash, these two cases are
                                                                           distinct from each other and are at different stages
 Mr Ayyash, the Accused in the Ayyash case (STL-                           of the proceedings.
 18-10) was also found guilty beyond reasonable

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Major Decisions and Filings

In the Prosecutor v. Ayyash case (STL-18-10)                            F0269 – List of Witnesses and Exhibits Filed
F0005 – Notice of Appeal on Behalf of Mr Ayyash                         on Behalf of Participating Victims in the Attack
against Conviction and Sentence, 12 January 2021                        against Hamade Pursuant to Rule 91 with Confi-
                                                                        dential & Ex Parte Annexes, 29 January 2021
F0006 – The Legal Representative of Victims’
Notice of Appeal Against Sentence, 12 January                           F0270 – Public Redacted Version of the “Request
2021                                                                    to Note the Violation of Rule 71 of The RPE of
                                                                        Procedure and Evidence and Order The Prosecu-
F0007 – Defence Application Pursuant to Rule                            tion to File a Pre-Trial Brief in Accordance with
25 of the RPE for the Disqualification of Judge                         the Limits of the Indictment” Dated 1 February
Ralph Riachy on the Matter of Assigned Counsel’s                        2021
Standing to Appeal Mr Ayyash’s Conviction and
Sentence, 12 January 2021                                               F0271 – Prosecution Notice of Addition of Five
                                                                        Witness Statements to its Rule 91 Exhibit List, 8
A-1_F0005 – Order Designating Panel Pursuant                            February 2021
to Rule 25 Panel (C), 14 January 2021
                                                                         F0272 – Prosecution Response to Defence
A-1_F0018 – [Rule25] Decision on Ayyash                                 “Requête aux fins de constater la violation de l’ar-
Defence Application for the Disqualification of                          ticle 71 du Règlement de procédure et de preuve et
Judge Riachy, 3 February 2021                                            d’ordonner au Procureur le dépôt d’un mémoire
                                                                         d’avant-procès conforme aux limites de l’Acte
F3859 – Orders Relating to the Publicity of                             (…), 15 February 2021
Proceedings and Reclassification of Filings, 15
February 2021                                                           F0274 – Defence Motion Seeking an Order
                                                                        Finding the Prosecution Rule 91 Witness List in
A-1_F0025 – Decision on the Admissibility of                            Breach of Articles 16 and 20 of the Statute and
the LRV Appeal against Sentence and Modalities                          Rule 155 of the RPE and Directing the Prosecu-
of Victim Participation, 24 February 2021                               tion to Limit the Number of Proposed Rule 155
 A-1_F0026 – Decision on Admissibility of                               Witnesses, 18 February 2021
“Notice of Appeal on Behalf of Mr Ayyash against                        F0275 – Order for Further Information from the
 Conviction and Sentence” (with Dissenting Opin-                        Legal Representatives of Participating Victims
 ions of Judge Baragwanath and Judge Nsereko),                          on their Lists Filed Pursuant to Rule 91 (H), 18
29 March 2021                                                           February 2021
A-2_F0024 – Prosecution Appeal Brief, 29 March                          F0278 – Order Setting a Tentative Date for the
2021                                                                    Start of Trial Proceedings, 25 February 2021
In the Ayyash case (STL-18-10)                                          F0282 – Prosecution’s Response to the Defence
F0267 – Legal Representative of Victims Submis�-                        Motion Seeking an Order Finding the Prosecu-
sion of Rule 91 (H) Lists, 29 January 2021                              tion Rule 91 Witness List in Breach of Articles 16
                                                                        and 20 of the Statute and Rule 155 of the RPE
F0268 – Lists of Witnesses and Exhibits Filed on                        and Directing the Prosecution to Limit (...), 4
behalf of the Victims Participating in the Proceed-                     March 2021
ings, 29 January 2021

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F0283 – LRV1 Observations on the “Defence                                 F0288 – Décision relative à la requête de la
  Motion Seeking an Order Finding the Prosecution                           Défense aux fins de constater la non-conformité
  Rule 91 Witness List in Breach of Articles 16 and                         du mémoire d’avant procès du procureur à l’Acte
  20 of the Statute and Rule 155 of the RPE and                             d’accusation, 12 March 2021
  Directing the Prosecution to Limit the Number
  (...), 4 March 2021                                                       F0291 – Decision on Defence Motion Challenging
                                                                            the Prosecution’s Rule 91 Witness List, 17 March
  F0284 – Order Transmitting to Trial Chamber II                            2021
  the Lists of Witnesses and Exhibits Submitted by
  the Legal Representatives of Participating Victims
  under Rule 91 (H), 5 March 2021

 Press Releases/Media Advisories
❖ OTP Press Release - Prosecutor Farrell Appeals STL                        ❖ STL President and Vice President re-elected for a
Trial Chamber Judgment in Ayyash et al. case dated 18                       new term, 1 March 2021
August 2020, 13 January 2021
                                                                            ❖ UN Secretary-General Appoints David Tolbert as
❖ Filing of notices of Appeal marks the start of the                        Registrar of the Special Tribunal for Lebanon, 1 March
Appeals phase in the Ayyash et al. case, 13 January 2021                    2021
❖ STL Media Advisory - Pre-Trial Judge schedules                            ❖ STL Media Advisory - Pre-Trial Judge schedules
fifth Status Conference in the Ayyash case STL-18-10                        sixth Status Conference in the Ayyash case for 24
on 3 February 2021, 19 January 2021                                         March 2021, 10 March 2021
❖ UN Secretary General extends mandate of the                               ❖ Special Tribunal for Lebanon’s 12th annual report
Special Tribunal for Lebanon, 25 February 2021                              highlights a milestone year, 11 March 2021
❖ Pre-Trial Judge sets tentative date for start of trial in                 ❖ Appeals Chamber rules that Defence for Salim
the Ayyash case, 26 February 2021                                           Ayyash have no standing to appeal his conviction in
                                                                            his absence in the Ayyash et al. case

                                              Extension of the STL Mandate
      “I am grateful for the international community’s continued support towards the STL’s work, which
       serves as a strong global message that terrorist crimes will not go unpunished. […]”
                                                                                           STL President Judge Ivana Hrdličková

   The United Nations Secretary General extended the Tribunal’s mandate from
   1 March 2021 for a further period of two years or until the completion of the
   cases before the STL, if sooner, or until the exhaustion of available funds, if
   sooner. The extension is in accordance with Security Council resolution 1757
   (2007).
                                                                                       UNSG statement:

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                                                                        8
Did you know?
The STL’s Strategic priorities for the coming two                                 You can consult the Strategic Plan on the STL
years are listed in the Strategic Plan (2021-2022).                               website:
This is an internal working document that consists                                https://www.stl-tsl.org/sites/default/files/docu-
of five strategic priorities and interrelated imple-                              ments/administrative-documents/STL_Strategic_
mentation steps. It aims to see the STL complete                                  Plan_2021-2022.pdf
its remaining trials and appeals expeditiously, while
progressively drawing down its activities.

                                                  STL Twelfth Annual Report 2020 – 2021
                                                        highlights a milestone year
                                                    The STL submitted its twelfth annual report to the United Nations
                                                    Secretary-General and the Government of Lebanon.
                                                    2020 was a year of major accomplishments for the STL. The Tribunal
                                                    witnessed key milestones including the delivery of the Judgment and the
         SPECIAL
         TRIBUNAL                                   Sentencing Judgment in the Ayyash et al. case, and the scheduling of the
         for LEBANON
            Twelfth Annual Report (2020 - 2021)     tentative date for the start of trial in the Ayyash case for 16 June 2021.
                                                    You can take a look back at these milestones
                                                    and more in the report:

Visits
Since March 2020, the STL paused group visits due                                 possible the safety, health and welfare of STL Staff
to the outbreak of Covid-19 to ensure as much as                                  and visitors.

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                                                                              9
The Cases in Numbers

    STL-11-01 — Appeal A-2 (Prosecutor v. Merhi and Oneissi)
    Filings      Total: 20
                                         Written: 7                                           Written: 0                            Written: 0
    Decisions Total: 7              AC: 7Delivered in                        Pres: 0          Delivered in           AP: 0          Delivered in
                                         Court: 0                                             Court: 0                              Court: 0
    Victims Participating in the Proceedings                                 Total: 70

    STL-11-01 — Appeal A-1 (Prosecutor v. Ayyash) - Discontinued
    Filings      Total: 17
                                         Written: 6                                           Written: 1                            Written: 2
    Decisions Total: 9         AC: 6     Delivered in                        Pres: 1          Delivered in           AP: 2          Delivered in
                                         Court: 0                                             Court: 0                              Court: 0
    Victims Participating in the Proceedings                                 Total: 70

    STL-11-01 — Finalised, in Appeal
                                                                 In Leidschendam: 75
                                    In person (Viva Voce): 129 Via Video Teleconference (VTC): 48
    Witnesses Total: 2971
                                                                 In Leidschendam and via VTC: 6
                                    Written statement: 200, of whom 32 also testified in person
                                    Prosecution: 2487
                                                                 Ayyash: 39
                                                                 Badreddine: 90
    Exhibits     Total: 3131        Defence: 599                 Merhi: 73
                                                                 Oneissi: 157
                                                                 Sabra: 240
                                    Legal Representative of Victims: 45
    Filings      Total: 5265
                                    Pre-trial        Written: 361            Trial        Written: 804 Appeal          Written: 56
    Decisions Total: 1527           Judge:           Delivered in            Chamber:     Delivered in    Chamber:     Delivered in
                                    3612             Court: 0                11103        Court: 306      56           Court: 0
                                                                             Total: 70; 43 participating victims have attended the
    Victims Participating in the Proceedings
                                                                             proceedings to date

1    Following an audit both under-counts and over-counts of witnesses were identified and removed
2    Total as of 19 January 2011
3    Total as of 20 October 2011

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

                                                                          10
STL-18-10
    Filings4     Total: 451
                                 Written:                                  Written:                          Written:               Written:
                                 131                                       17                                10                     12
                Total: Pre-trial           Trial                                     Appeal
                                                                                                                       Pres:
    Decisions           Judge:   Delivered Chamber:                        Delivered Chamber:                Delivered 12           Delivered
                188     147      in Court: 19                              in Court: 10                      in Court:              in Court:
                                 16                                        2                                 0                      0
    Victims Participating in the
                                           Total: 31
    Proceedings

4    As of July 2017

    Current Opportunities at the STL
Job Vacancies – Please refer to our website for regu­                          to afford Lebanese postgraduates the opportunity
larly updated employment opportunities at the STL                              to contribute to the work of the Special Tribunal
                                                                               for Lebanon (“STL”) in its Beirut Office, under
Internships – The STL accepts internship applica­                              the supervision and mentorship of a staff member
tions for placement in the Chambers, Office of the                             within a receiving Section/Unit, whilst simultane-
Prosecutor, Defence Office, and Registry on a rolling                          ously enhancing their professional development. For
basis throughout the year.                                                     more information about the NJP program please
National Junior Professionals - The National                                   contact stl-internships@un.org
Junior Professionals Program (NJP) is established

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

                                                                          11
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