Daily Star - UN presses for cooperation in Hariri case, September 22, 2007
States Withholding suspects will be deemed 'morally responsible'
By Hani M. Bathish
BEIRUT: The UN Undersecretary General for Legal Affairs Nicholas Michel said Friday that states which refuse to hand over individuals on their territories accused in the assassination of former Premier Rafik Hariri must give an explanation for their action or they will be considered "morally responsible" for the crime. Michel, speaking to journalists gathered at UN House in Beirut via Internet uplink from UN headquarters in New York, said the operating cost of the Special Tribunal for Lebanon to try suspects in the slaying of Hariri for three years is estimated to be around $120 million, with the Lebanese state paying 49 percent of that amount, just under $60 million. He said that the four key aspects that the UN General Secretariat is focusing its efforts on right now are the location of the seat of the Special Tribunal, the appointment of judges and prosecutors, the court's operating budget and funding. Michel added that all UN member states must submit candidates for judges no later than September 24. He said meetings with officials from the Netherlands, which has expressed willingness to host the tribunal, were constructive and held in a welcoming atmosphere. Michel said the UN will ask for funding from all member states, adding that a management committee will ensure the "rational use" of funds but the committee will have absolutely no judicial competence whatsoever. "The judicial rules establishing the tribunal guarantee impartiality. Those who pay [for the tribunal] will have no say in judicial activity," he added. Michel said UN chief Ban Ki-moon is aware of the need to have a "smooth transition" between the International Investigation Commission and the prosecutor to be appointed for the Special Tribunal. He said a prosecutor should be appointed by the end of the year. The chief investigator in the Hariri assassination, Serge Brammertz, arrived in Beirut Friday morning. The investigation commission will be examining the latest bomb site where MP Antoine Ghanem lost his life on Wednesday, and adding the slaying to its caseload.
Michel said the estimated cost of running the tribunal for the first year is pegged at $35 million, while for the second year is $45 million and for the third year $40 million. Michel stressed that these are only preliminary figures and do not include the cost of establishing the tribunal's premises and office space for staff.. Michel said the General Secretariat aims to set up a "purely judicial" mechanism to meet the highest standards of justice, striving for an independent and impartial tribunal. He said it is difficult to peg a finalized budget before more "specific information is received on premises and the condition of service of the judges." Michel said it is equally impossible to say right now how long the tribunal will go on. The current assumption is for three years, on which the cost estimates are based. He stressed the importance of choosing a prosecutor to follow Brammertz, but he added that a prosecutor will not start work when appointed, only when the tribunal starts its operation. Asked how the UN will guarantee that judges from Israel, Syria and Iran will not be appointed by the selection committee, Michel said the selection panel works in total impartiality and cannot set criteria for excluding certain states as the selection process is open to all member states. "The selection panel will be mindful to select the best judges for this tribunal, mindful that justice must be seen to be done, among the conditions for this is that a suitable candidate must be impartial," he said. He insisted that the tribunal will be set up to make sure no one escapes justice, adding that justice and peace are interlinked and justice leads to peace. Regarding the case of the four officers suspected in the Hariri assassination and detained by Lebanese judicial authorities, Michel said the jurisdiction in the case of those detained rests exclusively with the Lebanese authorities. "It would be inappropriate for us to interfere in this matter of domestic Lebanese judicial procedure," Michel said. "The investigation commission has given Lebanese authorities the factual elements in its possession to remain well informed in this matter." He added that the tribunal will not have a jurisdictional authority in this matter unless and until the tribunal commences functioning.
States Withholding suspects will be deemed 'morally responsible'
By Hani M. Bathish
BEIRUT: The UN Undersecretary General for Legal Affairs Nicholas Michel said Friday that states which refuse to hand over individuals on their territories accused in the assassination of former Premier Rafik Hariri must give an explanation for their action or they will be considered "morally responsible" for the crime. Michel, speaking to journalists gathered at UN House in Beirut via Internet uplink from UN headquarters in New York, said the operating cost of the Special Tribunal for Lebanon to try suspects in the slaying of Hariri for three years is estimated to be around $120 million, with the Lebanese state paying 49 percent of that amount, just under $60 million. He said that the four key aspects that the UN General Secretariat is focusing its efforts on right now are the location of the seat of the Special Tribunal, the appointment of judges and prosecutors, the court's operating budget and funding. Michel added that all UN member states must submit candidates for judges no later than September 24. He said meetings with officials from the Netherlands, which has expressed willingness to host the tribunal, were constructive and held in a welcoming atmosphere. Michel said the UN will ask for funding from all member states, adding that a management committee will ensure the "rational use" of funds but the committee will have absolutely no judicial competence whatsoever. "The judicial rules establishing the tribunal guarantee impartiality. Those who pay [for the tribunal] will have no say in judicial activity," he added. Michel said UN chief Ban Ki-moon is aware of the need to have a "smooth transition" between the International Investigation Commission and the prosecutor to be appointed for the Special Tribunal. He said a prosecutor should be appointed by the end of the year. The chief investigator in the Hariri assassination, Serge Brammertz, arrived in Beirut Friday morning. The investigation commission will be examining the latest bomb site where MP Antoine Ghanem lost his life on Wednesday, and adding the slaying to its caseload.
Michel said the estimated cost of running the tribunal for the first year is pegged at $35 million, while for the second year is $45 million and for the third year $40 million. Michel stressed that these are only preliminary figures and do not include the cost of establishing the tribunal's premises and office space for staff.. Michel said the General Secretariat aims to set up a "purely judicial" mechanism to meet the highest standards of justice, striving for an independent and impartial tribunal. He said it is difficult to peg a finalized budget before more "specific information is received on premises and the condition of service of the judges." Michel said it is equally impossible to say right now how long the tribunal will go on. The current assumption is for three years, on which the cost estimates are based. He stressed the importance of choosing a prosecutor to follow Brammertz, but he added that a prosecutor will not start work when appointed, only when the tribunal starts its operation. Asked how the UN will guarantee that judges from Israel, Syria and Iran will not be appointed by the selection committee, Michel said the selection panel works in total impartiality and cannot set criteria for excluding certain states as the selection process is open to all member states. "The selection panel will be mindful to select the best judges for this tribunal, mindful that justice must be seen to be done, among the conditions for this is that a suitable candidate must be impartial," he said. He insisted that the tribunal will be set up to make sure no one escapes justice, adding that justice and peace are interlinked and justice leads to peace. Regarding the case of the four officers suspected in the Hariri assassination and detained by Lebanese judicial authorities, Michel said the jurisdiction in the case of those detained rests exclusively with the Lebanese authorities. "It would be inappropriate for us to interfere in this matter of domestic Lebanese judicial procedure," Michel said. "The investigation commission has given Lebanese authorities the factual elements in its possession to remain well informed in this matter." He added that the tribunal will not have a jurisdictional authority in this matter unless and until the tribunal commences functioning.
No comments:
Post a Comment