STL Appeals Chamber Dismisses Challenges against in Absentia Trial
The Appeals Chamber of the U.N.-backed Special Tribunal for Lebanon has unanimously dismissed challenges by the Defense asking for a review of the decision to begin an in absentia trial against the four men accused in the February 14, 2005 attack that killed former premier Rafik Hariri, the STL said in a statement on Thursday.
The Trial Chamber decided in February to try the four accused – Hizbullah members Salim Ayyash, Mustafa Badreddine, Hussein Oneissi and Assad Sabra – in their absence after they failed to appear before the Tribunal.
Upon being appointed, lawyers for the four accused asked the Trial Chamber to reconsider its ruling, but the judges denied the request. Defense counsel appealed that decision.
The Trial Chamber’s judges considered the efforts by the Lebanese authorities to find the accused and inform them of the proceedings against them, as well as the massive publicity that the indictment and the identities of the accused received in Lebanon. The Chamber found that under the circumstances, it was inconceivable that the Accused were unaware of the indictment against them and that everything was done to notify them.
In a decision published on Thursday, the Appeals judges confirmed the Trial Chamber’s finding that the accused had knowledge of the charges and proceedings against them.
Trials in absentia are permissible under Lebanese law and are a “measure of last resort to ensure that those who abscond do not delay the course of justice,” said the STL in its statement.
The STL is the only international court since the Nuremberg tribunal to allow for trials in absentia, because it applies Lebanese law as well as international law.
STL Pre-Trial Judge Daniel Fransen has set March 25, 2013 as the tentative start date for trial.
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