November 7, 2009 - Daily Star - Special Tribunal refines rules to enhance trial's efficiency, integrity

BEIRUT: The Special Tribunal for Lebanon (STL) charged with prosecuting those responsible for the February 2005 assassination of former Prime Minister Rafik Hariri has further refined its Rules of Procedure and Evidence, officials said Friday. The amendments, adopted in October, were aimed at further enhancing the efficiency, effectiveness and integrity of the proceedings, a statement from the STL said.
The most significant amendments include:
l an increased consultation and coordination between the president and the registrar on administrative and judicial support functions.
l a mechanism for the prosecutor to provide the pre-trial judge with documents and information, during the investigative stage.
l a strengthening of the regime for protecting witnesses at all stages of the proceedings, including the investigation stage, as well as after proceedings have concluded.
l the addition of procedures to ensure that victims who participate in the proceedings will have the same access to documents as other parties.
l witnesses will also be subject to disclosure obligations, including the obligation to disclose exculpatory evidence.
l the extension of “in absentia proceedings” to all stages of the proceedings before the STL and not only the trial stage.
l the inclusion of two new contempt provisions which will operate prospectively.
l a clarification that the pre-trial judge is empowered to take statements of anonymous witnesses at all stages of the proceedings, while the decision on whether to admit such statements in a trial is one for the Trial Chamber.
l an improvement on rules relating to the appeal stage of the proceedings, including when notices of appeal must be filed and the status of an accused following an appeal.
The amendments will enter into force on November 17.