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20130429 F0021 PUBLIC PRV CJ Dec Re Allegations of Contempt Filed En

20130429 F0021 PUBLIC PRV CJ Dec Re Allegations of Contempt Filed En

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Published by: Denis Fitzgerald on Apr 29, 2013
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PUBLIC
R000166STL-II-01IPT/CJ/R60blS.IF0021-R60bls.IIPRV
120
130429/R000
I66-ROOO
177IEN/af
SPECIAL
TRIBUNAl FOR
L£BANONTRIBUNAl.
SPiClAL POUR
l£
UBAN
Case No.:Before:Registrar:Date:Original language:Classification:
THE
CONTEMPT JUDGESTL-II-OIIPT CJIR60bis.1
Judge
David Baragwanath, Contempt Judge
Mr
Daryl Mundis, Acting Registrar
29
April 2013EnglishPublic
THE
PROSECUTOR
v.
SALIM
JAMIL
AYY ASHMUSTAFA AMINE BADREDDINEHUSSEIN HASSAN ONEISSIASSAD HAS SAN SABRAPublic Redacted version
of
DECISION ON ALLEGATIONS
OF
CONTEMPT
Office of the Prosecutor:
Mr Norman Farrell
Mr
Ekkehard Withopf
Mr
David Kinnecome
Ms
Antoinette Issa
Mr Skye Winner
Counsel for
Mr
Salim Jamil Ayyash:
Mr
Eugene O'Sullivan
Mr
Emile Aoun
Defence Office: Counsel for
Mr
Mustafa Amine Badreddine:
Mr
Francois RouxMs Heleyn Unac
Mr
Johan Soufi
Legal Representatives of Victims:
Mr Peter Haynes QCMs Nada Abdelsater-AbusamraMr Mohammad
F.
MattarMr Antoine KorkmazMr John Jones, QC
Counsel for
Mr
Hussein Hassan Oneissi:
Mr Vincent Courcelle-LabrousseMr Yasser Hassan
Counsel for
Mr
Assad Hassan Sabra:
Mr David Young
Mr
Guenael Mettraux
r
 
PUBLIC
ROOOl67
STL-II-OIIPT/CJIR60bts
I
FOO21-R60bts
IIPRV120
1304291ROOOI
66-ROOOI
77lEN/af
SPECIAL
TRiBUNAl
FOIl
llBANON
TRIBUNAL
Si'tClAl
POUR
llllBAN
INTRODUCTION
1.
Following a series
of
assassinations in Beirut, specifically the
'14
February 2005 attackthat killed the former Prime Minister
of
Lebanon, Rafiq Hariri and others, the United
Nations
Security Council found there to be such a threat to international peace and security as to warrantestablishing the Special Tribunal
of
Lebanon
in
exercise
of
its powers under Chapter VII
of
theUnited Nations Charter.
I
The Tribunal's task is to investigate, prosecute, defend and try suspects
in
the relevant attacks mentioned
in
Article 1
of
the Tribunal's Statute.2.
The
attack
of
14
February 2005 in which 23 people were killed and
226
injured, is thesubject
of
an indictment against four Accused, Messrs. Ayyash, Badreddine, Oneissi and Sabra.A trial
in absentia
has been ordered.
2
3. With respect to these proceedings, the Pre-Trial Judge made two decisions in relation tothe
non-disclosure
of
confidential material to the public. In the first,
dated
25
May
2012, he
ordered
inter alia:
all third parties to the proceedings not to disseminate material in the proceedings
of
whichthey may have knowledge or any information contained therein, which may be subject toa protective measure, unless that material
or
information
becomes
public during opensession proceedings.
3
In the
secondorder, dated
14
June 2012,he
further stated that "the measures set out in theDecision
of
25 May 2012 apply to all material disclosed by the Parties and the Victims' LegalRepresentative.,,4 Other confidentiality orders and provisIOns
of
the Tribunal's Rules
of
Procedure and Evidence ("Rules") may also apply.
I
See SC Res. 1757, UN Doc. SIRES/I 757 (30 May 2007), including its annexed document and attachment thereof(Statute).
2
STL,
Prosecutor v
Ayyash
et
af
,
STL-II-OII1/TC,
DeCISIOn
to Hold
Tnal
In
Absentia, I February 2012.
3
STL,
Prosecutor
v
Ayyash
et
af,
STL-II-OIIPTIPTJ, DeCision Relatmg to the Prosecution Request SeekmgMeasures for the Non-Dissemination
of
Material
of2
May 2012,25
May 2012 ("Decision
of25
May 2012"), p. 23.
4
STL,
Prosecutor
v
Ayyash
et
af
,
STL-II-OIIPTIPTJ,
DeCISion Authorizing the Withdrawal
of
the ProsecutionApplication
of
21
December 2011 and the Modification
of
the Application
of
IS
March 2012 Requesting protectiveMeasures for Witnesses, ("DeciSIOn
of
14
July 2012"), p. 4.Case No.
STL-II-OIIPT/CJIR60his
IPage
I
of
11
29 Apn12013
 
PUBLIC
ROOOl68
STL-II-011PT/CJIR60b.s 1
FOO21-R60b.s
I/PRV
120
1304291ROOO
1
6-ROOO
1
77lEN/af
SPECIAL
TRIBUNAL
fOR
LEMNON
TRIBUNAL
SptClAl
POUR
LE.
LlMN
4.
[REDACTED]. I will refer to these publications as the first event.
5.
[REDACTED]. I will refer to these publications as the second event.
6.
[REDACTED]. I will refer
to
these publications as the third event.
7.
On
12
April 2013, the Head
of
Defence Office informed the Pre-Trial Judge
of
the thirdevent. The Pre-Trial Judge considered that the publication
of
the information was likely toconstitute
contempt
of
the Tribunal and referred the
matter
to the President for referral to aContempt Judge.
14
Rule 60
his
(C)
of
the Rules requires the President
of
the Tribunal todesignate a Contempt Judge
in
accordance with the relevant Practice Direction to hear cases
of
contempt and obstruction
of
justice. On
11
March 2013, as President, I had issued a PracticeDirection designating a Contempt Judge for each calendar month
of
the year and also AppealsPanels to hear appeals from the Contempt Judges.
15
Given that I was rostered to be the ContemptJudge for the month
of
April, and acting in my capacity as President, on
15
April I designatedmyself as Contempt Judge
in
that case.
16
8.
In response to submissions by the Legal Representative
of
Victims and the Prosecutor,
17
r
the Pre-Trial Judge then referred
to
me,
in
my capacity as President, for referral to a Contempt
5
[REDACTED].
6
[REDACTED].
7
[REDACTED].
8
[REDACTED]
9
[RED ACTED].
10
[REDACTED].
11
[REDACTED].
12
[RED ACTED].
13
[REDACTED].
14
STL,
Prosecutor v
Ayyavh
et al.,
STL-II-OIIPTIPTJ/R60bis.l, Order Referring the Facts Brought
to
HIS
Attention on 12 April 2013 by the Head
of
the Defence Office to the PreSIdent
of
the Tnbunal for Referral to aContempt Judge,
12
April 2012, para. 4.
15
PractIce DIrection on DeSignatIon
of
Judges
ID
Matters
of
Contempt, ObstructIOn
of
Justice and False TestImony,
STLIPD/2013/06,
I1
March 2013 ("Practice Direction").
16
STL,
Prosecutor
v.
Ayyash
et al.,
STL-II-OIIPTIPRES/R60bls.l, Order DeSignating Contempt Judge,ConfidentIal,
15
Apn12013, para. 3
17
LRV Submission, para. 37, STL,
Prosecutor v
Ayyash
et
01
,
STL-II-01/PT/PTJ, Request
to
Refer Matters
to
Contempt Judge pursuant to Rule
60bls(D),
Confidential,
16
Apnl 2013 ("ProsecutIOn SubmIssion
of
16
April") (apublic redacted
versIOn
was filed on
17
ApnI2013)Case No. STL-II-OIIPT/CJ/R60bis.1Page 2
of
II
29 Apn12013

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