In an interview with Al-Manar Website, analyst Omar Nashabe assured that the STL is violating Justice, yet trying to improve its image.

Omar Nashabe to Al-Manar Website:
Cassesse Statement Ordinary…
Trials Won’t Start before Spring 2012
Cassesse Seeking to Improve STL Image
UNSC Sanctions against Lebanon Not Possible
New Potential Indictments Remain in Place
Declaring Links between Crimes… Violation

Omar Nashabe, the editor of the Justice Section in the Lebanese daily, Al-Akhbar and member of its editorial board, said that the Special Tribunal for Lebanon Judge Antonio Cassesse sought through his “ordinary” statement, which he addressed to the four “suspects” in the assassination of former Prime Minister Rafiq Hariri, to assure them that the tribunal was on the right track and working according to the law. He noted that Cassessse sought through his open letter to improve the court’s image, nothing more.

In an exclusive interview with Al-Manar Website, Nashabe noted that he had written an article concerning the upcoming steps expected from the international tribunal specialized for trying Rafiq Hariri’s killers, published on Wednesday by Al-Akhbar. He ruled out the possibility that the STL resorts to the United Nations Security Council to impose sanctions against Lebanon, and pointed to the possibility of promoting the confirmed indictment more broadly.

Nashabe doubted press reports about the meetings that gathered international investigators with former minister Elias Murr, MP Marwan Hamade and journalist May Chidiaq. He rejected the declaration of “links” between the various crimes committed in Lebanon, regarding them as a violation of justice rules and confidentiality.

CASSESSE SEEKING TO IMPROVE COURT IMAGE

Nashabe commented on the statement issued by STL President Judge Antonio Cassesse, addressed to the accused, their families and their close associates, as well as the Lebanese public. He said the statement was an “ordinary” one, and noted that Cassesse was seeking through his open letter to improve the image of the court, nothing more.

He also highlighted that Cassesse was seeking to assure the four accused men that this tribunal was proceeding through a professional manner, far from the criticisms targeting it, “as if he needed such a statement to improve the tribunal’s image.” Answering a question on whether Cassesse was seeking to build trust, he confirmed and said: “Yes, this is what Cassesse is doing.”

Cassesse has issued an open letter to the four men accused in the 14 February 2005 attack, to inform them of their rights and urge them to participate in the trial. “A major safeguard of a fair and just trial is the active participation of the accused,” he claimed, as he urged them to stand before the Tribunal.

UPCOMING STEPS…

Answering a question on the steps that will be taken by the tribunal in the few upcoming days, knowing that the deadline set for the Lebanese judicial authorities to arrest the four suspects has ended, Nashabe pointed to an article he published on Wednesday, entitled “The international tribunal’s steps in the upcoming weeks and months.”

In his article, Nashabe noted that the first step to be carried out would be translating State Prosecutor Said Mirza’s report to English, and submitting it to the STL, which would take three or four days. “Judge Cassesse would then make sure that the Lebanese authorities took all the possible measures and made ‘reasonable attempts’ to arrest the four accused. If Cassesse is convinced that these reasonable attempts were carried out but failed, he could decide, after consultations with Pre-Trial Judge Daniel Fransen, to advertise the indictment more broadly,” Nashabe said. He noted the less likely possibility that would take place if Cassesse was not convinced that the Lebanese authorities have made all efforts to arrest the four men. “In this case, he might ask for more information and extend the deadline,” he added.

NO EXPECTED SANCTIONS

Nashabe ruled out the possibility that the UNSC adopts sanctions against Lebanon, or other measures according to Chapter 7. He highlighted that the Lebanese government has declared that it will cooperate with the tribunal’s demands. “Therefore, there would be no possible pretexts to justify such sanctions,” he stressed.

Analyzing the upcoming steps in his article published in Al-Akhbar, Nashabe noted that Cassesse should set a deadline for the arrests to possibly take place before the trials start. “In case the four accused were not arrested, trials in absentia would take place. Then, the Tribunal’s Head of Defense Office would appoint the best professionals to represent them in court. At the same time, Judge Daniel Fransen will study the applications for the participation in the proceedings before the Tribunal. Afterwards, the STL President would set the timeline of trials, which are not expected to start before Spring-Summer 2012. During this period, investigations will continue, and new indictments could be released.”

VIOLATION OF CONFIDENTIALITY PRINCIPLE

To conclude, Nashabe commented on the meetings held by the STL investigators with former minister Elias Murr, lawmaker Marwan Hamade and journalist May Chidiaq. 

Nashabe found strange the leaks about these meetings, especially about the claims that the international investigators declared that there were ‘links’ between the crimes committed in Lebanon since 2004. “In respect for the confidentiality rule, no one is supposed to speak of connection between crimes, at least before the indictments’ release,” Nashabe said. “An announcement of this kind is believed to be a violation of the justice rules,” he added.

Furthermore, he found strange how former minister Elias Murr said that the STL delegation revealed to him the identity of the sides who executed his assassination attempt. “This is a serious violation of the investigations’ confidentiality, especially that there’s no indictment in Murr’s case yet, and therefore, such declaration cannot be appropriate,” he concluded.