Pre-Trial Judge Daniel Fransen ordered that his decision confirming the court’s indictment for Hariri’s assassination be made public

The Special Tribunal for Lebanon (STL) announced Wednesday that Pre-Trial Judge Daniel Fransen has ordered that his decision confirming the court’s indictment for the assassination of late premier Martyr Rafik Hariri, as well as the indictment itself, be made public.

“In his decision confirming the indictment, [Fransen] found that the Prosecution has presented sufficient evidence on a prima facie basis to proceed to trial,” the STL said in a press release.

In the decision, the pre-trial judge explained why, until now, the indictment was confidential, “They relate to matters that could affect the ongoing Prosecution investigation, as well as the privacy and security of victims and witnesses.”

It also said that the pre-trial judge “found that the indictment meets the requirements with regard to the specific facts and grounds as required under international case law, the Statute and the Rules [of Procedure and Evidence].”

BEYOND REASONABLE DOUBT
“This does not imply that the individuals are guilty, but merely establishes that there is enough material for them to be tried. The Prosecution will have to prove at trial that the accused are guilty ‘beyond reasonable doubt,’” the statement added.

The statement said that the pre-trial judge in the ruling first established his jurisdiction to rule on the indictment. It added that he also clarified the law applicable to the charges against the accused and then determined if the indictment meets the requirements to proceed to trial.

According to the indictment, the four “accused” Hezbollah members in Hariri’s case are: Salim Jamil Ayyash, Mustafa Amine Badreddine (aka Sami Issa, Mustafa Youssef Badreddine, Elias Fouad Saab), Hussein Hassan Oneissi (aka Hussein Hassan Issa), Assad Hassan Sabra.

Ayyash and Badreddine face among others, charges of “committing a terrorist act by means of an explosive device and homicide including Hariri's death”, while Oneissi and Sabra faced charges of “conspiring to commit the same acts.”

BELLMARE HAILS ORDER
STL’s Prosecutor Daniel Bellemare welcomed the order of unsealing the indictment saying: “This Order will finally inform the public and the victims about the facts alleged in the indictment regarding the commission of the crime that led to charging the four accused.”

He stressed that “the unsealing of the indictment answers many questions about the 14 February 2005 attack.” “The full story will however only unfold in the courtroom, where an open, public, fair and transparent trial will render a final verdict,” Bellemare added