Professional Documents
Culture Documents
Beirut
www.stl-tsl.org
Contents
What is the Special Tribunal for Lebanon? 5 Is the STL a UN institution? What is the relationship between the UN and the STL? 5 Why is the tribunal based in the Netherlands and not in Lebanon? 6 Does Lebanon have a duty to cooperate with the Tribunal? 6 What is the Management Committee? 7 How is the STL financed? 7 What is the STL budget? 7 How will the Tribunal benefit the people of Lebanon? 8 What are the guarantees that the STL will be fair and independent? 8 What was the United Nations International Independent Investigation Commission (UNIIIC) and what happened to it? 9 What happened to the evidence collected by the UNIIIC? 9 What is the structure of the Special Tribunal for Lebanon? 9 What is the role of Chambers? 9 How are the Judges of the Special Tribunal for Lebanon appointed? 10 Can the Government of Lebanon withdraw the Lebanese Judges and staff? 10 What is the role of the President? 11 What is the role of the Pre-Trial Judge? 11 What do the Judges of the Trial Chamber do? 12 What do the Judges of the Appeals Chamber do? 13 What is the role of the Office of the Prosecutor? 13 What is the role of the Defence Office? 14 What is a defence team? 15 How are defence counsel selected at the Special Tribunal for Lebanon? 15
What is the difference between the appointment and the assignment of counsel? 16 What is the role of the Registry? 16 What are the official languages of the Tribunal? 17 Will all information be available in all three languages of the Tribunal? 17 What crimes will be investigated? 18 Who decides who will be put on trial? 18 Can a state or group or political party be tried before the STL? 19 Can non-Lebanese persons be put on trial? 19 What is an indictment? 19 What happens once an indictment is filed? 20 When is an indictment made public? 21 How long does it take for the Pre-Trial Judge to make a ruling on an indictment? 22 Does confirmation of an indictment signal the end of the investigation? 22 Can an indictment be amended? 23 What happens after an indictment is confirmed? 23 What is the difference between a suspect and an accused? 24 What is a trial in absentia? 24 When will the trial start? 25 What is an initial appearance of the accused? 26 What is a guilty plea? 27 What is a plea agreement? 27 How are the proceedings conducted? 28 How are the appeal proceedings conducted? 32 What evidence can be used at trial? 32 Do the STL Rules of Procedure and Evidence allow anonymous witnesses to testify? 34
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Who can be called as a witness? 34 What happens to a witness who gives false testimony? 35 Can victims participate in the trial? 35 How can victims participate in the proceedings? 36 What protection and support can the Tribunal give its victims and witnesses? 37 What are the rights of the accused? 38 What sentence will the accused receive if found guilty? 39 Where will the trials take place? 40 How long will the trials take? 40 Will the trials be public? Who can attend the trials? 40 If I cant go to see the trials, how will I know what is happening? 41 Can one obtain all information on filings or trial proceedings? 41
Is the STL a UN institution? What is the relationship between the UN and the STL?
No, the STL is not a UN institution The STL is an independent international judicial organisation It was created following a request by the Government of Lebanon to the UN for assistance in establishing a tribunal of an international character to prosecute the alleged perpetrators of the attack of 14 February 2005 against Rafiq Hariri and others
At the same time, the STL has strong links with the United Nations The UN is an ex officio member of the Tribunals Management Committee and the STL Registrar is a UN staff member The UN, through its Secretary-General, appoints the Tribunals principals and Judges
Understanding between Lebanon and the Office of the Prosecutor, and the Memorandum of Understanding between Lebanon and the Defence Office
What are the guarantees that the STL will be fair and independent?
The Tribunals Statute and Rules of Procedure and Evidence include binding legal provisions that guarantee its independence and the fairness of the proceedings Independence is ensured in a variety of ways The Statute requires that the Judges and the Prosecutor be independent in the performance of their functions and that they shall not accept or seek instructions from any government or any other source The STL is also the first international tribunal to have a Defence Office as an independent organ, which has the duty to protect the rights of the defence and to ensure equality of arms A rigorous selection process ensures that Judges, principals and staff have the highest standards of integrity and professionalism The fairness of the court proceedings is safeguarded through the Statute and the Rules of Procedure and Evidence The Rules protect the rights of all suspects and accused throughout the proceedings, from the investigation phase to the conclusion of trials They also protect victims and witnesses who appear in court The Statute and Rules, as well as other binding legal instruments, are applied by the entire Tribunal In addition the STL President is required to produce an annual report about the activities of the Tribunal, which is provided to the UN Secretary-General and the Government of Lebanon These reports help to ensure transparency and allow for public scrutiny of the tribunals work They are available on the Tribunals website
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What was the United Nations International Independent Investigation Commission (UNIIIC) and what happened to it?
The United Nations International Independent Investigation Commission (UNIIIC) was established by UN Security Council Resolution 1595 in April 2005 and should not be confused with the STL The UNIIIC was a separate body which, unlike the Tribunal itself, had no role in prosecutions or trials but was limited to assisting the Lebanese authorities in conducting investigations into the 14 February 2005 attack and other attacks The UNIIICs mandate ended on 28 February 2009 The information it had gathered was handed over to the STL Prosecutor
Such functions are common to all the other ad hoc and hybrid international tribunals and courts, such as the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone Chambers consists of 11 Judges in three distinct sections - one international Pre-Trial Judge, a Trial Chamber of three Judges (one Lebanese and two international, plus two alternate Judges, one Lebanese and one international), and an Appeals Chamber of five Judges (two Lebanese and three international)
How are the Judges of the Special Tribunal for Lebanon appointed?
In accordance with the Statute of the Special Tribunal, all Judges must be persons of high moral character, impartiality and integrity, with extensive judicial experience The Lebanese Judges are appointed by the UN SecretaryGeneral from a list of 12 names proposed by the Lebanese Supreme Council of the Judiciary and presented by the Lebanese Government International Judges are nominated by States and competent persons All the appointments were made upon the recommendation of a selection panel, made up of two Judges currently sitting on or retired from an international tribunal, and a representative of the UN Secretary-General The biographies of the Judges can be found on the Tribunals website at wwwstl-tslorg
Can the Government of Lebanon withdraw the Lebanese Judges and staff?
No The Lebanese Judges were not appointed by the Government of Lebanon but by the United Nations Secretary-General STL staff who come from Lebanon are recruited on the basis of a competitive process This process entails completing an application, submitting it within the indicated deadline, and participating in at least one telephone or inperson interview with a selection panel STL staff are employed by the STL and cannot be withdrawn by Lebanon
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The Pre-Trial Judge can also act on his own initiative when a party or a victim participating in the proceedings is unable to collect an important piece of evidence, either inculpatory or exculpatory, and the Pre-Trial Judge finds that it is indispensable to the fair administration of justice, the equality of arms and the search for truth Any evidence collected in such a manner will be brought to the notice of both parties and the victims participating in the proceedings and will form part of the file to be later submitted to the Trial Chamber Both parties can appeal such a decision of the Pre-Trial Judge, and the appeal will be handled on an expedited basis Other duties and powers of the Pre-Trial Judge include: submitting to the Appeals Chamber any preliminary question on the applicable law necessary to rule on indictments; facilitating communication between the parties; issuing summonses, warrants for arrest and other orders that may be necessary; placing a suspect or accused in detention or ordering his/her provisional release; authorising victims to participate in the proceedings; coordinating communications between the parties during the pre-trial phase; under certain circumstances, questioning anonymous witnesses; drawing up a complete file for the Trial Chamber which lists the main differences between the parties on points of law and fact and his assessment of their significance; and generally taking any measures necessary to prepare the case for a fair and expeditious trial The Pre-Trial Judge may also render judgments in cases of alleged false testimony, or other forms of contempt or obstruction of justice, in proceedings before him
At the end of the proceedings, the trial Judges determine the guilt or innocence of each accused Should they find an accused guilty, they will agree upon the sentence to be imposed
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How are defence counsel selected at the Special Tribunal for Lebanon?
Suspects and accused who are paying for their own defence are entitled to choose their own counsel Such privately retained counsel will be formally appointed to represent a client by the Head of Defence Office The Head of the Defence Office will verify that the client has given a power of attorney to the counsel, and whether the counsel meets the criteria to practice before the tribunal These criteria are outlined in the Rules of Procedure and Evidence, and include for example being admitted to the Bar in a national jurisdiction and good knowledge of English or French A suspect or accused may also ask the Tribunal for legal aid A request for legal aid is reviewed in order to establish that a suspect or accused does not have the financial means to pay for counsel When such a request is granted, he or she may then freely select a counsel from the list of counsel In such a case, the Tribunal will pay for the cost of the counsel and the defence team The list of counsel is composed by an Admission Panel, who reviews the qualification requirements These requirements are outlined in the Rules of Procedure and Evidence and include requirements such as a minimum of ten years of experience of legal practice in the area of criminal law either in a national system or before international courts involving highly complex cases If an accused is tried in absentia, the Head of Defence Office not only appoints but also selects the counsel from the same list
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When an accused first appears before the Tribunal, he or she will be assigned a counsel for the initial appearance, unless the accused indicates that he wants to be self-represented The first assignment of counsel is a temporary assignment to ensure that, from the moment the accused appears before the Tribunal, his or her right to counsel is guaranteed
What is the difference between the appointment and the assignment of counsel?
An appointment of Defence counsel means that the Head of the Defence Office has confirmed that a counsel has been privately retained by a client and that the counsel in question meets the requirements of Rule 58(A) of the Rules of Procedure and Evidence An assignment of counsel means that the accused lacks the means to pay for counsel and has requested legal aid The accused selects a counsel of his own choosing from the list of counsel The Head of Defence Office assigns this counsel to represent the accused
Though the judicial process is under the control of Chambers, it is the Registrys responsibility to ensure that the process unfolds smoothly and efficiently, by providing support to Chambers and all parties participating in the proceedings In addition, the Registrar oversees the Victims and Witnesses Unit, which provides support to all those testifying before the STL; the Victim Participation Unit, which assists in the participation of victims in the proceedings; the Court Management Services Section, which serves as the custodian of the court records and archives of the Tribunal, and the Language Services Section, which provides interpretation and translation services in the Tribunals three official languages Arabic, French and English The Registrar also oversees the Safety and Security Section, which is in charge of securing the Tribunals premises both in Leidschendam and in Beirut, as well as the Detention Facility of the Tribunal in the Netherlands, which will house in-custody accused persons transferred to The Hague The Registry is also responsible for the overall administration of the Tribunal which includes human resources, finance, procurement, information technology and general services
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Nevertheless, participants in the courtroom proceedings before the STL can use one of the three official languages of the court, and simultaneous interpretation will be provided This interpretation also makes it possible for anyone following the proceedings in the courtroom or on the Tribunals website to follow them in each of the official languages of the Tribunal Arabic, French or English
relevant evidence in support of the charges This evidence is referred to as supporting material The Pre-Trial Judge carefully reviews the indictment and the supporting material to determine whether a prima facie case exists in respect of each charge against each suspect A prima facie case is a case that has been supported by sufficient evidence for it to be taken as proved in the absence of adequate evidence to the contrary In making this determination, the PreTrial Judge may request additional material from the Prosecutor, but he does not weigh or test the credibility or admissibility of the evidence presented The Pre-Trial Judge can confirm or dismiss each count of the indictment The confirmation of an indictment is not a finding of guilt it is simply a determination by the Pre-Trial Judge that there is sufficient evidence to proceed to trial A trial cannot be held without a confirmed indictment Upon confirmation of any or all counts in an indictment, each suspect attains the status of an accused
What is an indictment?
An indictment is a document setting out the Prosecutors case against a person or persons whom the Prosecutor believes is or are responsible for the crime The indictment must specify the name and details of the suspect,
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along with a concise statement of the facts of the case and the crime or crimes with which the accused is charged It must be specific enough to allow the accused to have sufficient notice of the nature and scope of the allegations against him Two or more crimes can be mentioned in one indictment if they were committed by the same accused, provided that the conduct falls within the Tribunals jurisdiction In addition, more than one person can be named in the indictment and charged and tried at the same time, even if the crimes they are charged with are different, provided that the crimes also fall within the Tribunals jurisdiction The first step in the judicial process is the submission of the indictment to the Pre-trial Judge for review Even when confirmed, an indictment is not a verdict of guilt against the accused named in it All accused persons are presumed innocent until proven guilty beyond a reasonable doubt
The Rules of Procedure and Evidence also provide an opportunity for the Pre-Trial Judge, during his review, to submit questions to the Appeals Chamber on the interpretation of the applicable law If he submits such questions, the Appeals Chamber rules on them after hearing the Prosecutor and Defence Office in public session The first time this happened before the STL was on 16 February 2011, when the STL Appeals Chamber issued a decision on the applicable law This was a landmark decision ruling that the crime of terrorism exists under international customary law and that such an international law definition can be used to interpret the applicable Lebanese law on the matter It also clarified that the STL must apply the law of Lebanon in relation to homicide, conspiracy and other crimes The Appeals Chamber decision further tackled the relationship between modes of liability in the Lebanese criminal code and under international law, pointing out that - in case of conflict between the two systems the provisions most favourable to the accused must apply The Pre-Trial Judge must be satisfied that a prima facie case exists before confirming the indictment and he must provide reasons for his decision If the Pre-Trial Judge confirms an indictment, he may issue an arrest warrant or a summons to appear Efforts are also made to contact the accused and inform them of the charges against them At the STL, the accused can be tried in their absence if they are not found or if they choose not to participate in the process
This also ensures that the accused is notified of the charges against him or her in advance of the public The STL made public the fact that the Pre-Trial Judge confirmed the first indictment on 28 June 2011 The indictment itself, however, remained confidential until 29 July 2011, when the Pre-Trial Judge lifted confidentiality on parts of the indictment to make public the full names and aliases, biographical information, photographs and charges against the individuals named in the indictment
How long does it take for the Pre-Trial Judge to make a ruling on an indictment?
There is no time limit set out in the Rules of Procedure and Evidence for the Pre-Trial Judges review and ruling on an indictment The Pre-Trial Judge must notify the Prosecutor of the date of review of an indictment The time required to review an indictment may vary depending on the number of charges, the volume of the supporting materials, the complexity of the case, and the procedural steps The following are possible steps between the filing and confirmation of an indictment: The Pre-Trial Judge submits preliminary questions to the Appeals Chamber; The Prosecutor amends or withdraws the indictment; The Pre-Trial Judge requests or permits the Prosecutor to present additional materials; The Pre-Trial Judge dismisses one or all counts, resulting in the Prosecutor preparing and filing either an amended indictment or a new one
beyond a reasonable doubt Thus, confirmation of an indictment does not necessarily signal the end of the investigation by the Prosecution, which may be ongoing Moreover, the Defence may start its own investigations to prepare for the trial Defence investigations are necessary because the STLs procedural system does not include an investigating judge who compiles a dossier of evidence against and in favour of the accused At the STL, the Prosecutor is tasked to present evidence against the accused, and the Defence can decide to present evidence to challenge the Prosecutors allegations and evidence To this end, the Defence must first analyze and verify any evidence presented by the Prosecutor Secondly, the Defence may collect its own evidence to present in court The Prosecutor must disclose any exculpatory evidence in his possession
to cooperate with the Tribunal must attempt to serve the indictment on the accused, together with the summons to appear or arrest warrant, and information on the rights of the accused The Pre-Trial Judge may issue a warrant of arrest, based on an application by the Prosecutor, to ensure the persons appearance; to ensure that the person does not obstruct or endanger the investigation or the court proceedings (for instance, by posing a danger to, or intimidating, any victim or witness); or to prevent further criminal conduct The Pre-Trial Judge may alternatively issue a summons to appear After the accused has been served the indictment and the summons to appear or an arrest warrant, he must appear before the STL Judges so as to go through the required formal proceedings, referred to as an initial appearance He will be asked to plead guilty or not guilty This procedure marks the beginning of the pre-trial phase of the proceedings During the pre-trial phase, there are a number of procedural obligations that need to be fulfilled For example, the Prosecutor will provide evidence and documents to the Defence so that the accused can prepare his case This is also the time during which the Defence can file a number of preliminary motions, including motions challenging the jurisdiction of the Tribunal or alleging defects in the form of the indictment, etc
that of many other States, the STL Statute and the Rules of Procedure and Evidence allow for such proceedings According to the Statute, proceedings in absentia can be held under three sets of circumstances: when the accused has expressly and in writing waived his right to be present; when the accused has not been handed over to the Tribunal by the State authorities concerned; or when he has fled or cannot be found If, after reasonable attempts the accused cannot be located and served with an indictment, the President of the Tribunal can, after consulting with the Pre-Trial Judge, decide to advertise the indictment, in part or in its entirety, in an effort to inform the accused of the need to appear before the Tribunal The advertisement invites any person with information as to the whereabouts of the accused to communicate that information to the Tribunal If the accused is still not under the Tribunals authority within 30 working days of the indictments public advertisement, the Pre-Trial Judge must ask the Trial Chamber to consider initiating proceedings in absentia The Trial Chamber will then determine whether the conditions for a trial in absentia have been fulfilled If the Trial Chamber decides to proceed with a trial in absentia, the Head of the Defence Office will assign counsel to any accused who fails to appoint one Also, if a trial does take place in absentia but an accused is located during the trial or afterwards, that person would be entitled to request a new trial Proceedings will not be considered a trial in absentia in situations where the accused initially appears in person and, although subsequently absent, is represented by counsel present at the proceedings; or initially appears in person, by video-conference or through his counsel, and does not expressly waive his right to be present at trial but is not physically present at the trial
Judge of the Trial Chamber and, if necessary, the President, will set a tentative date for the start of the trial at least four months in advance Thus, at the very least, there will be four months between the start of the pre-trial phase and the beginning of trial One of the duties of the Pre-Trial Judge is to ensure that the proceedings in the pre-trial phase are not unduly delayed This is to ensure the accuseds right to an expeditious trial A number of preliminary motions may be filed after the start of the pre-trial phase and before the start of the trial, including motions to: challenge jurisdiction; allege defects in the form of an indictment; seek severance of counts or separate trials; or raise objections based on the refusal of a request for assignment of counsel During this time, at least every eight weeks, the Pre-Trial Judge will hold status conferences to review the case preparations Before starting trial, the Trial Chamber will hold one or more pre-trial conferences in which it can give directions it deems necessary or desirable to ensure a fair, impartial, and expeditious trial For example, the Trial Chamber can call upon the Prosecutor to shorten the estimated length of the examination-in-chief for some or all witnesses; determine the number of witnesses the Prosecutor may call; and determine the time available to the Prosecutor for the presentation of evidence The time period between the confirmation of the indictment and the start of the trial is also especially relevant to the Defence, as the Defence is entitled to adequate time and resources to prepare its case for trial, including for its own investigations
accused does not enter a plea, the Judges can enter a plea of not guilty on his behalf If the accused pleads guilty and all the requirements under the Rules of Procedure and Evidence are fulfilled, there will be no trial Rather, the Judges may enter a finding of guilt and then schedule a sentencing hearing
apply to the Trial Chamber to amend the indictment accordingly; submit to the Trial Chamber that a specific sentence or sentencing range is appropriate; and/or not oppose a submission by the accused to the Trial Chamber for a particular sentence or sentencing range This procedure is applied in international tribunals and courts and many national systems, especially those based on the common law tradition If a plea agreement is reached between the parties, it will be presented to the Judges However, the Judges will only enter a finding of guilt if they first satisfy themselves that the accused understands the terms of the plea agreement and that he has discussed them with his counsel; that he understands the consequences of a plea of guilty; that he has not been threatened or coerced in any way to enter into the plea agreement and has entered into the plea agreement knowingly and voluntarily The fact that the Judges may accept such an agreement does not necessarily mean that they are bound by it The Judges may still impose a sentence higher or lower than that suggested in the plea agreement
delay in the proceedings; and take any measures necessary to prepare the case for a fair and expeditious trial At the beginning of the pre-trial proceedings, the Pre-Trial Judge will establish a working plan indicating, in general terms, the obligations that the parties are required to meet and the dates by which these obligations must be fulfilled He will also oversee the implementation of the working plan The trial begins following the resolution of pre-trial matters and after ensuring that the Defence is ready for trial At least four months in advance, the Pre-Trial Judge will set a date for the beginning of trial The Trial Phase The trial is conducted before the Trial Chamber consisting of three Judges one Lebanese and two international Two alternate Judges (one Lebanese and one international) also follow the proceedings The trial proper begins with the opening statement of the prosecution Following that, the legal representative(s) of the victims participating in the proceedings may make an opening statement The Defence may choose to make its statement at this time or after the conclusion of the Prosecutors presentation of evidence and before the presentation of evidence for the Defence At trial, the evidence is presented in the following order (unless otherwise directed by the Trial Chamber in the interests of justice): Evidence for the Prosecutor, Evidence called by the Trial Chamber at the request of victims participating in the proceedings, Evidence for the Defence, Prosecutor evidence in rebuttal, Rebuttal evidence called at the request of victims participating in the proceedings, Defence evidence in rejoinder In each case, an examination-in-chief, cross-examination and re-examination is allowed Examination-in-chief is the questioning of a witness by the party that brought him to testify Cross-examination is the questioning of a witness by the opposing party Re-examination is the opportunity for the party that
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brought the witness into the proceedings to question him in relation to issues that were raised during cross-examination At the STL, Judges may also elect to start questioning the witness themselves, as is more common in Lebanon and other civil law systems At the end of the trial, the Prosecutor may present closing arguments, followed by the victims participating in the proceedings and the Defence The Prosecutor may present a rebuttal argument to which the Defence may present a rejoinder The accused may make a final statement on matters relevant to the trial When both the Prosecution and Defence have completed their presentation of the case, the Presiding Judge will declare the hearing closed and the Trial Chamber will deliberate in private The Judges will examine all the materials submitted into evidence and all the witness testimony to determine if the Prosecutor has proved his case beyond a reasonable doubt If so, the Trial Chamber may find the accused guilty If not, the Judges must find the accused not guilty Judgment may be rendered by a majority of the three Judges of the Trial Chamber It will be accompanied by a reasoned opinion in writing and will describe both the factual and the legal findings and it is likely to be a lengthy document Separate or dissenting opinions may be attached to the judgment This is why deliberations and the drafting of a judgment could take months to complete It is worth noting that the Judges will only consider that which has been submitted in court, as part of criminal proceedings before them, and will not take into consideration any other information that is not formally admitted as evidence As in many countries with the common law tradition, the proceedings for determining the sentence are separate from those to establish criminal responsibility and subsequent to the trial verdict This also allows the Defence to focus on pleading that the accused is not guilty during trial, without having to additionally discuss what the appropriate prison sentence would be, should he be found guilty The sentencing proceedings begin after the accused has pleaded guilty or was found guilty at the end of the trial During the course of the sentencing proceedings, the parties may submit any relevant information that may assist
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the Trial Chamber in determining an appropriate sentence The Judges can sentence a convicted person to imprisonment for a term up to and including life In determining the sentence, the Trial Chamber will take into account the gravity of the offence and the individual circumstances of the convicted person, as well as factors such as: any aggravating circumstances; any mitigating circumstances, including substantial cooperation with the Prosecutor by the convicted person before or after conviction; the general practice regarding prison sentences in Lebanon; the extent to which any penalty imposed by a court of any State on the convicted person for the same act has already been served They can either pronounce separate sentences for each charge or just one sentence punishing the totality of the criminal conduct of the accused At the conclusion of the proceedings, the sentence is pronounced in open court, and, wherever possible, in the presence of the accused, as well as of the victims participating in the proceedings A convicted person may be sentenced to imprisonment for a term up to and including the remainder of his or her life Unlike in Lebanon, there is no death penalty or sentence of forced labour at the Tribunal Those convicted will serve their sentences in a state designated by the President which is on the list of States that have agreed to accept persons convicted by the STL on their territory In case of an acquittal, the accused will be released However, the Judges may order the continued detention of the accused if the Prosecutor informs the Trial Chamber that he intends to appeal the judgment of acquittal Such detention could last until the Appeals Chamber renders its judgment Both the Prosecution and the Defence can lodge an appeal against the verdict If acquitted by the Appeals Chamber, an accused must be released immediately unless he is facing charges in another case
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useful to prove an important fact A Chamber may exclude evidence if its probative value is substantially outweighed by the need to ensure a fair trial The evidence must have been gathered by lawful means which do not violate the rights of suspects and accused, and the Judges can take the measures necessary to verify the authenticity of the evidence submitted Evidence can be presented by the Prosecution, the Defence and the legal representatives of the victims authorised to participate in the proceedings Judges may also call evidence on their own initiative Evidence can be oral or written Generally speaking, witnesses and experts will appear in person before the Judges The parties, and victims participating in the proceedings or their legal representatives, can examine and crossexamine them within the parameters set out in the Rules of Procedure and Evidence This means that, as a general rule, evidence must be discussed in court, in public, with both parties present In addition, and in keeping with the rules that apply at other international and hybrid tribunals and courts, the Judges can also admit written evidence, subject to certain safeguards The principles governing the admissibility of such evidence and the weight that can be given to it varies according to its nature For example: documents, other than written witness statements, are, in principle, admissible; written statements made by a witness not present in court and the transcripts of his depositions are only admissible if they relate to an issue other than the acts and conduct of the accused; written statements by a witness present in court are in principle only admissible if that witness attests that they accurately reflect his declaration and what he would say if examined, and he agrees to be cross-examined if the other party requests; and the written statements of an unavailable witness and the transcripts of his depositions are only admissible if the Judges are satisfied that the witness is genuinely unavailable and that his statements or the transcripts thereof are reliable, taking into account how it was made and maintained The Judges will make a record of reasons for any ruling they make on evidentiary matters
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Do the STL Rules of Procedure and Evidence allow anonymous witnesses to testify?
Yes, under certain very strict conditions and as an exception Given the special nature of terrorist cases, the Rules of Procedure and Evidence allow exceptionally for a witness (for example an individual whose life or the life of someone close to him is in danger) to give evidence, at any stage in the proceedings, anonymously, that is without his identity being revealed to the parties or even to the Trial Chamber This is a proceeding of last resort and would only be used if all the measures for the protection of witnesses as provided for under the Rules of Procedure and Evidence would be insufficient to prevent such danger Anonymous witnesses will be questioned by the Pre-Trial Judge The Pre-Trial Judge can ask an anonymous witness any questions he considers necessary, including those conveyed by the parties or the legal representatives of victims participating in the proceedings He will then send a transcript of the answers (if appropriate, in redacted form so as not to reveal the identity of the witness) to the parties and the legal representatives of victims participating in the proceedings, giving an assessment as to the truthfulness of the witnesss statement The Trial Judges cannot, under any circumstances, convict an accused solely on the basis of the evidence of an anonymous witness Other evidence that corroborates it is required
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It should be noted that in the gathering of evidence, Prosecution and Defence investigators may interview many individuals However, only some of those witnesses will eventually be called to present their evidence before the Judges in court
within the STLs jurisdiction A victim may apply for the status of a victim participating in the proceedings by completing the application form available on the STLs website The Victims Participation Unit (VPU) will check applications and then forward them to the Pre-Trial Judge In determining whether to authorise individual victims to participate in the Tribunals proceedings, the Pre-Trial Judge will consider: whether the applicant has provided prima facie evidence that s/he is a victim; whether his/her personal interests have been affected; whether his/her proposed participation is intended to express his/her views and concerns; and whether his/her participation would prejudice the rights of the accused to a fair trial Upon being granted the status of a victim participating in the proceedings, a victim may present his/her views and concerns in a manner and at a time authorised by the Pre-Trial Judge or a Chamber If authorised by the Trial or Appeals Chamber, a victim can call and cross-examine witnesses, give evidence and file motions or briefs However, a victim participating in the proceedings before the STL is not the equivalent of a partie civile (or civil party) in some civil law systems, such as Lebanon An important difference is that victims cannot start or trigger criminal proceedings or claim compensation before the Tribunal They may, however, use a final judgment of the Tribunal to support the exercise of their rights (such as a claim for damages) in a national court Finally, a victim participating in the proceedings may only do so through a legal representative, unless the Pre-Trial Judge authorises otherwise
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The Victims Participation Unit is responsible for assisting victims participating in the proceedings in a number of ways It informs victims of their rights and of the developments in the case, it assists victims in their application process And if granted the right to participate in the proceedings, it provides the victims or their legal representatives with all necessary judicial support Administering the Victims legal aid programme, The VPU also ensures that indigent victims are assigned a legal representative at the expense of the Tribunal This latter will be designated from a list of qualified counsel drawn up and maintained by the VPU The VWU provides the necessary administrative and logistical assistance to victims appearing before the Tribunal While the relevant provision of the Rules of Procedure and Evidence only refers to witnesses appearing before the Tribunal as being eligible to receive this assistance from the VWU, the VWU, in agreement with the VPU, will also provide the same logistical and administrative assistance to victims who are required to attend the proceedings
What protection and support can the Tribunal give its victims and witnesses?
The nature of all international and hybrid Tribunals and Courts and the cases before them requires that the court be able to take necessary measures to ensure the protection of victims and witnesses called to appear before it The Special Tribunal for Lebanon is no exception The Victims and Witnesses Unit is an independent and neutral body within the Registry which contributes to the effective functioning of the Tribunal by facilitating the appearance of victims and witnesses before the Tribunal, and by providing professional, specialized protection and support services to victims and witnesses, whether they are called by the Chambers, Victims legal representatives (VLR), or the parties These services aim to ensure the safety, well-being and protection of victims and witnesses, to ensure that the act of testifying or participating in the proceedings does not result in further harm or suffering Additionally, the VWU can also provide any additional assistance as ordered by the Pre-Trial Judge or a Chamber as is consistent with the mandate and responsibilities of the Unit In performing its functions, the VWU respects
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the interests of victims and witnesses, and operates with the highest level of integrity, impartiality and confidentiality at all times During appearances before the Tribunal, the Judges of the Tribunal may order a number of protective measures to safeguard the identity of victims and witnesses The Judges may authorise the parties and victims legal representatives to assign victims and witnesses pseudonyms, redact identifying information and order the non-disclosure to the public of any records identifying the victim or witness It may also use image and soundaltering devices to disguise the appearance and voices of victims and witnesses testifying before the Chamber and may allow victims and witnesses to testify in camera (in private) In some situations, the Tribunal may hold hearings in private or closed session to protect the confidentiality of victims and witness testimony Victims and witnesses could also give evidence via video-conference or anonymously (under very strict conditions,) If the situation of a particular victim or witness warrants it, there is a possibility of relocation to a third country This most drastic measure under the authority of the Registrar isreserved for individuals whose lives are at risk of imminent serious harm or death as a result of their interaction with the Tribunal
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to have adequate time and facilities for the preparation of his defence and to communicate without hindrance with counsel of his own choosing; to be tried without undue delay; except in the case of trials in absentia, to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; to have legal assistance assigned to him where the interests of justice so require and without payment by him if he does not have sufficient means to pay for it; to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; to examine all evidence to be used against him during the trial in accordance with the Rules of Procedure and Evidence of the Tribunal; to have the free assistance of an interpreter if he cannot understand or speak the language used in the Tribunal; not to be compelled to testify against himself or to confess guilt The accused may make statements in court at any stage of the proceedings, provided such statements are relevant to the case at issue The Chambers will decide on the probative value, if any, of such statements These rights are in accordance with the highest standards of international justice
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