STL: To trial 5th suspect in Hariri assassination in absentia if not found

The Special Tribunal for Lebanon announced on Monday the confirmation of an indictment accusing Hassan Habib Merhi of involvement in the 14 February 2005 Beirut attack for which four other accused are to be tried in absentia; that trial has a tentative start date (13 January 2014).

The Lebanese authorities have so far been unable to locate Mr Merhi. Judge Baragwanath, President of the Special Tribunal of Lebanon ordered the service of the indictment in alternative modes, which include public advertisement. If, following such procedures, Mr Merhi has not been brought under the Tribunal's authority, the Trial Chamber will be asked to decide whether to initiate proceedings against him in absentia.

For citizens of Lebanon, trial in absentia is a familiar alternative to trial in the presence of the accused. Its justification is two-fold. First because it is fair: STL Statute and Rules of Procedure and Evidence ensure that counsel is appointed to protect the interests of the accused in absentia.

Moreover, a person who has been convicted in absentia but then appears before the Tribunal is entitled to a retrial. Secondly, trial in absentia is a valid alternative because it enables the victims and the community to learn the nature of the case presented in the courtroom, and allows victims the opportunity to actively participate in proceedings.

Trial in absentia is however a second-best, because of the absence of the accused. From the standpoint of the accused its disadvantage is that Defense counsel and the Tribunal both lack the information in support of his defense that only the accused can provide.

Judge Baragwanath addressed both Mr Merhi and also the people of Lebanon. As to Mr Merhi, he invited him to consider whether he is prepared to face the Special Tribunal with the help both of the Defense Office headed by Maître François Roux and of the counsel he would assist you to obtain if that is your wish.

As to the people of Lebanon, STL seeks your help and support in properly performing our tasks.


STL