February 25, 2009 - Middle East Times - Lebanon Releases Suspects Ahead of Hariri Tribunal

By SANA ABDALLAH

The courtroom for the international trial into the assassination of Rafik Hariri has been set up in a former spies' gymnasium at The Hague and the suspects will be incarcerated in a wing of the former Dutch intelligence headquarters.

AMMAN -- Lebanese authorities released three of seven suspects held in the assassination of Lebanon's former Prime Minister Rafik Hariri, just days before an international criminal tribunal into his murder four years ago is due to get underway in The Hague.

The office of public prosecutor Said Mirza said those released Wednesday are Lebanese brothers Mahmoud and Ahmed Abdel Aal and a Syrian Ibrahim Jarjura, but that four high-profile former Lebanese generals remain in custody.


The three men were jailed for withholding information and misleading the probe into Hariri's assassination on Feb. 14, 2005 in a massive bombing in Beirut, described as a "terrorist" crime by the United Nations, that also killed 22 other people.


The four who remain in custody were high-profile leading members of the security services that was then under the control of Syria, Lebanon's former powerbroker.


Commander of the presidential guard, Mustafa Hamdan, director of security services Jamil Sayyed, domestic security head Ali Hajj, and commander of army intelligence Raymond Azar are expected to be transferred to The Hague for trial at the Special Tribunal for Lebanon.


Officials would not say why the three civilians were released so close to the moment the Special Tribunal finally gets underway March 1.


But Lebanese analysts speculated that either a deal was struck with these men to testify against the key suspects in return for their freedom; or that they were innocent all along and could not be placed in an international tribunal without discrediting the case and overshadowing it with accusations of human rights abuses.


None of the seven who were arrested in connection with Hariri's murder four years ago have been indicted, as the Lebanese authorities have been waiting for the U.N. probe to conclude and the court be set up. The four former generals have been detained since August 2005 on suspicion of premeditated murder, attempted premeditated murder and carrying out terrorist acts.


Many Lebanese accuse Damascus of orchestrating Hariri's assassination, which sparked massive domestic and international anger that led to a Syrian troop withdrawal from Lebanon six weeks later.


The pro-Western parliamentary majority that came to power in elections following the Syrian withdrawal blames Damascus for Hariri's murder and a subsequent wave of assassinations and bombings targeting politicians and journalists. Syria strongly denies any involvement.


The Special Tribunal for Lebanon was conceived by a U.N. Security Council resolution in June 2007, and the court's registrar, Robin Vincent, said Tuesday the court will begin its work on Sunday.


However, U.N. investigators have not yet named any suspects and the investigation will continue while the tribunal is underway in The Hague.


Vincent, who expected the tribunal to complete its work in three to five years, said the Lebanese authorities have 60 days to transfer their suspects and evidence to The Hague. They will be incarcerated in a wing that is already staffed and operational at the former Dutch intelligence headquarters and the courtroom has been set up in a former spies' gymnasium.


The registrar also said the tribunal might try heads of state, stressing that if states refuse to hand them over, the suspects will be tried in absentia.


He explained that a New York-based administrative committee was formed to ward off any pressure on the Special Tribunal, which will include 11 judges – four from Lebanon and seven from other countries.


Early into the investigation, the United Nations implicated top Syrian officials, including President Bashar Assad's brother and brother-in-law.


The head of the probe at the time, German prosecutor Detlev Mehlis was quoted in Al-Hayat daily on Wednesday as saying he has a "very clear picture" of the murder and that he has evidence of Lebanese and Syrian involvement in the bombing, and ruled out any compromise.


Anti-Syrian Lebanese politicians who are convinced of Syrian involvement in Hariri's assassination say they fully trust the tribunal not to make any deals that would exonerate the Syrians in return for Damascus' political rapprochement with the West.


The tribunal and investigators have kept a tight lid on their findings as evidence continues to be collected, in what appears to be an attempt to maintain legal professionalism in a highly-charged political case.


The names of the judges have not yet been revealed, but could be announced at the tribunal's opening ceremony on Sunday. Witness protection programs are said to be in place and donor countries have not revealed their contributions to the court.


The tribunal would have a $51.4 million budget for 2009, of which 49 percent paid by Lebanon and 51 percent by member states.


But finances are the least of the problems facing the Special Tribunal for Lebanon. Vincent said that "we have more than enough money … the finances of this tribunal are in an extremely healthy state."


The question remains as to how Syria will react to the tribunal. Damascus has previously said it would not hand over any suspects and would try them on its own territory.


Choosing his words carefully on Syria's cooperation, Vincent told the Saudi-owned Al-Arabiya news channel on Tuesday that "there has been a sad experience with that in the past with other tribunals. In some cases it's taking a fair amount of diplomatic pressure, negotiations, cooperation behind the scenes."


The Lebanese public just hopes that the tribunal will ultimately shed light on "the truth" behind Hariri's killing, to finally close a page that has led to the highest political tensions the country has seen since the end of the 1975-1990 civil war.