STL issues general information on initial appearances before the...

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The Special Tribunal for Lebanon issued on Thursday general information on initial appearances before the tribunal.

The STL said an initial appearance is the first hearing whereby an Accused appears before the competent Chamber or Judge.

This comes after the issuing of summons to appear or the execution of an arrest warrant against an individual charged of crimes before the Special Tribunal for Lebanon.

The conduct of initial appearances is regulated by Rule 98 of the STL’s Rules of Procedure and Evidence, the tribunal explained.

The aim of an initial appearance is for the Judge to ensure that the rights of the Accused, including the right to be represented by counsel, are respected, and to have the charges read in a language the Accused understands, so as to allow him/ her to enter a plea. The Accused has 7 days to enter a plea of guilty or not guilty.

Turning to contempt charges, the STL said that the Contempt Judge had issued such charges against New TV S.A.L. and Karma Khayat for having meddled with the administration of justice by broadcasting information with regards to purported confidential witnesses in a series of programs in August 2012.

Moreover, they are charged with violating a court order by failing to delete that information from Al Jadeed’s website and YouTube channel despite the fact that the STL Pre-Trial Judge had ordered so.

In the same context, the Contempt Judge issued charges of contempt against Akhbar Beirut S.A.L. and Ibrahim Al-Amin for having interfered with the administration of justice by publishing information on purported confidential witnesses on 15 and 19 January 2013.

In both the New TV/Karma Khayat and Al Akhbar/Ibrahim Al Amin cases, the Contempt Judge said there was enough evidence to show that the accused tried to interfere with the administration of justice by publishing lists of names and saying these were the names of protected witnesses.

After the initial appearance, if the Accused decides to enter a plea immediately, a plea of guilty or not guilty on one or more counts will be entered, the STL said.

If the Accused fails to enter a plea during the initial appearance hearing or within 7 days, the Contempt Judge may decide to enter a plea of not guilty on the Accused’s behalf.

In the event that the Accused enters a plea of not guilty, a date for the start of trial or for a status conference may be set.

If an Accused pleads guilty, and the Contempt Judge is satisfied that:

1- the guilty plea has been made voluntarily;

2- the guilty plea is informed;

3- the guilty plea is unequivocal; and

4- there is a sufficient factual basis for the crime and the Accused’s participation in it, either on the basis of independent indicia or lack of any material disagreement between the Parties about the facts of the case,

the Judge may find the Accused guilty and set a date for the sentencing hearing.

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STL issues general information on initial appearances before the tribunal