Special Tribunal for Lebanon Pre-Trial Judge Daniel Fransen confirmed on Thursday an indictment against Hassan Habib Merhi who is accused of being involved in the February 14, 2005 Beirut attack that killed former Premier Rafik Hariri and 22 others.
The confirmed indictment and an arrest warrant were transmitted confidentially to the Lebanese authorities on August 6 so that they could search for, arrest and transfer the accused to STL custody, announced the tribunal in a statement on Thursday.
The Lebanese authorities were given 30 calendar days to carry out this obligation and report back on their efforts by September 5, 2013.
On September 6, the Lebanese Prosecutor General submitted his confidential report to Tribunal President, Judge Sir David Baragwanath, stating that so far the accused has not been found. Subsequently, the STL President requested additional measures be taken by the Lebanese authorities.
All of these steps have been confidential until now to allow the Lebanese authorities the best opportunity to apprehend the accused, continued the STL statement.
Merhi, is charged with a number of crimes including the crime of conspiracy aimed at committing a terrorist act. He is alleged to have acted in a conspiracy with Hizbullah members Mustafa Amin Badreddine, Salim Jamil Ayyash, Hussein Hassan Oneissi, and Assad Hassan Sabra in relation to the attack on February 14, 2005, all of whom have already been indicted.
The accused Merhi is alleged to have coordinated the preparation of the purported claim of responsibility as part of the preparations for and in furtherance of, the attack, said the STL statement.
The STL said Merhi is “a supporter of Hizbullah” who was born on December 12, 1965 in Beirut.
“He is the son of Habib Merhi and Latifa Abbas,” it added, revealing that he has resided in Burj al-Barajneh and that “he is a citizen of Lebanon” whose “Lebanese civil registration is 1126/Zqaq-EI-Blat.”
"Merhi, together with Badreddine, coordinated the preparation of the false claim of responsibility, and, at times, was in contact with Ayyash in relation to the preparations for the attack. Merhi, prior to the attack, coordinated the activities of Oneissi and Sabra in order to identify a suitable individual, later identified as Ahmad Abu Adass, who would be used to make a video-taped false claim of responsibility for the attack,” the court announced in its indictment.
“Immediately following the attack, Merhi, coordinated the activities of Oneissi and Sabra, who participated in (i) disseminating statements falsely attributing responsibility for the attack; (ii) ensuring the delivery of the video, with a letter attached, containing the false claim of responsibility to Al-Jazeera; and (iii) ensuring the video would be broadcast,” it added.
Under the current circumstances in Lebanon, Baragwanath has deemed the efforts by the Lebanese authorities to be sufficient to justify alternative means to search for the accused. As a result, he has determined to initiate a 30-day public advertisement phase with the help of the Lebanese authorities to locate the accused as well as to inform him of the charges against him and of his rights, which are guaranteed under international law.
He also calls on the Lebanese authorities to "reinvigorate and intensify their efforts to apprehend" the accused.
Lebanon has an ongoing obligation under United Nations Security Council Resolution 1757 to search for, arrest and transfer the accused to STL custody.
The STL Prosecution’s case and charges against Merhi are outlined in the publicly redacted version of the indictment.
The pre-trial judge has set tentatively January 13, 2014 as the first day of trial for these four accused.
Later on Thursday, STL Prosecutor Norman Farrell welcomed the public announcement of the indictment against Merhi, saying: “The Office of the Prosecutor continues its efforts to fully investigate and prosecute those alleged to be responsible for the attack on 14 February 2005.”
“Recognizing that all suspects are presumed innocent and have the right to a full defense, the Prosecution is working towards accountability, preparing to present reliable and credible evidence to the Trial Chamber,” he added.
The prosecutor stated that “my Office remains committed to working at full capacity to bring perpetrators to justice and, by doing so, to achieve a just result for the victims”.
Hizbullah chief Sayyed Hassan Nasrallah has rejected the STL, describing it as an American-Israeli product bent on destroying the party.
He has vowed never to cooperate with the tribunal, saying that the suspects will never be found.
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