Naharnet - Bellemare to Break the Silence Soon, October 25, 2008
Exclusive information obtained by Naharnet uncovered that the final report by the U.N. commission investigating former Prime Minister Rafik Hariri's assassination will be issued next November.The commission head Daniel Bellemare will not wait till the end of the designated six months period in December to present his report to U.N Secretary General Ban Ki-moon.According to U.N. practices, the drafting and finalization exercise of reports takes up to a three-week or one month period before it is issued. Therefore, one can expect that the commission has not even started to draft its report during the month of October and would only start this exercise by the first week of November. From statements made by Bellemare in his last report and in briefings to the Security Council that: First: The report will not point to any defendant, witness, or concerned individual related to the investigation from near or far. As Bellemare stated in April 2008, when he presented his first report to the Council, no names will be disclosed by the commission throughout the duration of its mandate. Names would only be made known when indictments will be issued by the Special Tribunal for Lebanon when and if sufficient evidence is established for issuing indictments. Second: The report will provide an overview on the investigations' details that will only be disclosed via a mechanism placed by the tribunal.Phases of the Investigation:Information indicates that the investigation has covered four phases:1- Fitzgerald Phase: which is a fact-finding phase that was distinguished by collecting information about the local investigation and exploring the political and security situations, get familiar with the circumstances surrounding the crime and investigate them. It is also a phase that was not governed by accurate legal safeguards and formalities, but rather was a surveillance mission to put the U.N. and the Security Council in the picture, thus allowing them to take the appropriate decision regarding dealing with the crime. 2- Mehlis Phase: The function during which was governed by the rules and norms of the commission, meaning that Mehlis was not forced, under the nature of his legal mandate and role, to verify the summaries, conclusions and results with tangible and material evidence, since at this point no decision to set up a special court on Lebanon was yet taken. 3- Brammertz Phase: A phase known for assigning Brammertz to the probe and agreeing to set a timeframe for his task that would be followed by a clear path for setting a Special Tribunal for Lebanon in line with a U.N. Security Council agreement. This is what made Brammertz expand his investigation and go into a lot of technical details without having to go back to square one or ignoring data collected by his predecessor, Mehlis. Brammertz focused on gathering whatever possible to back up the various scenarios.4- Bellemare Phase: This phase dealt with building legal foundations designed to move the probe dossier to the international court and to collect solid facts and evidence acceptable by the tribunal. This silence, however, does not at all mean that the investigation has lost fruitful elements or that Bellemare wished to keep data to himself and deprive the public of access to the information. Reasons for Bellemare's silence:Information indicates that Bellemare takes many facts into consideration, including his position as head of the commission charged with a double mission, starting with his leadership and ending with him becoming general prosecutor of the International Tribunal for Lebanon. This particular position of Bellemare makes confidentiality requirements even more compelling, since he has to preserve not only the integrity of his work as Commissioner and a Prosecutor, but also the safety and security of people whose lives could be threatened since criminals are still out there and might make use of any information that comes out of the commission to intimidate, terrorize or kill them. Bellemare understands the "sensitivity" and influence of his role on the Lebanese situation. The philosophy of the International Tribunal is based on helping Lebanon in putting an end to a period of impunity, for Lebanon to rise from its problems and to help Lebanese institutions. Hence, he is keen not to take any step that might negatively impact on the credibility of the process of seeking the truth, to help put an end to the "culture" of impunity and restore faith in justice and the rule of law.Bellemare is working in a responsible way on the basis of protecting his file from any penetrations that could harm the work of the international tribunal at a later stage. His full silence is a part of this rule. However, this silence is not "eternal." It has been known that Bellemare is studying with his concerned assistants ways to keep his word to the Lebanese public opinion in its right to know and be informed of his accomplishments with the success of his double mission as investigator now and general prosecutor at a later stage. Information points that in general it is important for Bellemare to preserve the independence of the Commission in its work and to prevent its use in political debates to serve political agendas that have nothing to do with the essence of the work of the Commission or its objectives, which are essentially to be part of the solution in Lebanon and not part of the problem -- a solution that could complete and consolidate what the Lebanese are trying to achieve through dialogue, reconciliation and reforms by promoting justice and ending impunity. Information disclosed that part of the silence is probably to remain even during the work of the tribunal, since available information points that some of the witnesses who testified in the Hariri case will not have their identity exposed even after ending their testimony. Some of the court sessions will be confidential in testimonial content.Circulated information:Information regarding the content of the investigation affirms that a lot of published statements by some Lebanese figures over the past few weeks does not in any way relate to reality. The fact that many of the mentioned figures were never dealt with by the commission by far and near under any investigative form. They were not questioned, summoned to testify, nor contacted or accused by the Commission. The Commission's database does not include their names, a fact that will be proved in the future.Speculations and using the media to spread fabricated news and misinformation about the work of the Commission are useless and time will tell soon. If Bellemare has chosen not to reply to any of the speculations published in the press it is because throughout his long career in prosecution he used a tribunal as a vehicle of communication and what he has to say will be heard by all.
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