This blog of the Lebanese Center for Human Rights (CLDH) aims at granting the public opinion access to all information related to the Special Tribunal for Lebanon : daily press review in english, french and arabic ; UN documents, etc...

Ce blog du
Centre Libanais des droits humains (CLDH) a pour objectif de rendre accessible à l'opinion publique toute l'information relative au Tribunal Spécial pour le Liban : revue de presse quotidienne en anglais, francais et arabe ; documents onusiens ; rapports, etc...
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PRESS REVIEW

UN rights group set to label detentions in Hariri slaying 'illegal'

Daily Star - UN rights group set to label detentions in Hariri slaying 'illegal' - local daily Government argues that suspects not under normal arrest, January 15, 2008

A forthcoming report from the United Nations High Commissioner for Human Rights (UNHCHR) will conclude that eight people were illegally detained in the February 2005 murder case of Lebanese former Prime Minister Rafik Hariri, according to a report in Al-Akhbar on Monday. According to the daily, the UNHCHR report will identify the eight individuals as former head of General Security General Jamil Sayyed, former head of the Presidential Guard General Mustafa Hamdan, former Director of the Internal Security Forces Ali al-Hajj, former head of Military Intelligence Raymond Azar, Ayman Tarabay, Mustafa Mesto, Ahmad Abd al-Aaal, and Mahmoud Abd al-Aaal. A UNHCHR team, in charge of reporting cases of illegal arrests around the world, was informed about the arrests and approached the Lebanese government with a number of questions on the issue. The team compared the government's answers with the information it already had and concluded the eight individuals had been illegally arrested, Al-Akhbar said. The lawyers of the four generals have repeatedly complained about the ongoing detention of their clients, arguing that judicial authorities have no right to keep them in custody without pressing charges, especially since Belgian Judge Serge Brammertz, the former head of the UN's Hariri probe, had said the committee had finished interrogating them. Sayyed was arrested and interrogated in the absence of his lawyer and was later detained based on the testimonies of Hussam Hussam and Mohammad Zuhair al-Siddiq, both identified as witnesses in the murder. The report said Hussam withdrew his testimony in a news conference in October 2005, while Siddiq later admitted to taking part in the murder. Siddiq was released and is now living freely in France, the report added. As for Hamdan, Azar, and Hajj, the report mentioned that the three were arrested for interrogation purposes in August 2005 and have been kept in custody since then, despite their filing of requests demanding they be released. Al-Akbar said the UNHCHR report will also highlight the cases of Tarabay and Mesto, who were arrested in September 2005 for selling mobile SIM cards to unidentified people during the period of Hariri's assassination. The report said the judiciary had ordered the arrest of both men, but had not filed any charges against them. Tarabay, who suffers from nervous problems, requested to be released in February 2007, but his request remains without response. Mesto, who suffers major heart problems, filed a similar request in March 2007. He was turned down after only two weeks. The report added that both Ahmad and Mahmoud Aaal were similarly arrested and remain in custody free of any charges. Ahmad was accused of smuggling arms, while Mahmoud was accused of contacting people who are implicated in the Hariri murder. The report cited the Lebanese government as saying "it cannot be held responsible for violations committed by the International Investigation Committee while interrogating suspects," referring to the questioning of the four generals in the absence of their lawyers. Asked why the eight individuals are still in custody despite being free of any charges, the report quoted the government as saying that the detainees are not under regular arrest, but are only subject to provisional detention over suspicions they might be implicated in the Hariri murder. The government said the detainees will not stay in custody until the entire investigation ends, but will be released or faced with charges as the investigation builds up.

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Background - خلفية

On 13 December 2005 the Government of the Lebanese Republic requested the UN to establish a tribunal of an international character to try all those who are alleged responsible for the attack of 14 february 2005 that killed the former Lebanese Prime Minister Rafiq Hariri and 22 others. The United Nations and the Lebanese Republic consequently negotiated an agreement on the establishment of the Special Tribunal for Lebanon.

Liens - Links - مواقع ذات صلة

The Washington Institute for Near East Policy, David Schenker , March 30, 2010 . Beirut Spring: The Hariri Tribunal Goes Hunting for Hizballah


Frederic Megret, McGill University, 2008. A special tribunal for Lebanon: the UN Security Council and the emancipation of International Criminal Justice


International Center for Transitional Justice Handbook on the Special Tribunal for Lebanon, April 10, 2008


United Nations
Conférence de presse de Nicolas Michel, 19 Sept 2007
Conférence de presse de Nicolas Michel, 27 Mars 2008


Département d'Etat américain
* 2009 Human Rights report
* 2008 Human Rights report
* 2007 Human Rights report
* 2006 Human Rights report
* 2005 Human Rights report



ICG - International Crisis Group
The Hariri Tribunal: Separate the Political and the Judicial, 19 July, 2007. [Fr]


HCSS - Hague Centre for strategic studies
Hariri, Homicide and the Hague


Human Rights Watch
* Hariri Tribunal can restore faith in law, 11 may 2006
* Letter to Secretary-General Kofi Annan, april 27, 2006


Amnesty International
* STL insufficient without wider action to combat impunity
* Liban : le Tribunal de tous les dangers, mai 2007
* Jeu de mecano


Courrier de l'ACAT - Wadih Al Asmar
Le Tribunal spécial pour le Liban : entre espoir et inquiétude


Georges Corm
La justice penale internationale pour le Liban : bienfait ou malediction?


Nadim Shedadi and Elizabeth Wilmshurt, Chatham House
The Special Tribunal for Lebanon : the UN on Trial?, July 2007


Issam Michael Saliba, Law Library of Congress
International Tribunals, National Crimes and the Hariri Assassination : a novel development in International Criminal Law, June 2007


Mona Yacoubian, Council on Foreign Relations
Linkages between Special UN Tribunal, Lebanon, and Syria, June 1, 2007