Hariri indictments: trial in absentia?
The special tribunal for Lebanon (STL) last week handed over its first set of indictments and four arrest warrants after a six-year investigation into the murder of former Lebanese Prime Minister Rafik Hariri. While the names were supposed to be kept secret, they were quickly leaked to the media. At least two of the suspects, Mustafa Badreddine and Salim Ayyash, are high-ranking members of the militant group Hezbollah.
By Daisy Mohr, Beirut
It had been widely speculated that members of the Iranian and Syrian-backed group would be among those indicted. Hezbollah has denied any involvement and insists that the tribunal is a political conspiracy by Israel and the West to increase pressure on their organization. Hezbollah’s leader, Hassan Nasrallah, warned earlier this year that his group will ‘cut off the hands’ of anyone attempting to arrest its members. He has repeatedly denounced the UN-backed tribunal and vowed to retaliate.
Now that the names have been handed over, Lebanon is obliged to arrest and detain the suspects within 30 working days. Since Hezbollah is a dominating force in the new Lebanese government, few expect that to happen.
Trial in absentia
In his first reaction to the indictment, Nasrallah said no power in the world would be able to arrest the ‘honorable brothers’. In a televised speech last Saturday he said: “They cannot find them or arrest them in 30 days or 60 days, or in a year, two years, 30 years or 300 years. What will happen is a trial in absentia, a trial in which the verdict has already been reached.” Nasrallah went on to describe the STL as full of ‘financial and moral corruption’. He illustrated his speech with slick video images, allegedly tying tribunal officials to Western intelligence agencies. Before and after Nasrallah’s speech, bursts of celebratory gunfire and fireworks erupted in the southern suburbs of the Lebanese capital where mostly Hezbollah supporters live.
Israeli spy network
Leaks from the tribunal suggest it is mainly relying on mobile phone evidence. According to Hezbollah an Israeli spy network inserted false phone traffic into the mobile phone records of the day of the murder. They say that these records were tampered with in order to implicate their members in the murder.
Saad Hariri, Rafik’s son, called the indictment an ‘historic day for Lebanon’ and urged Lebanon’s new government to live up to its international obligations. Prime Minister Najib Mikati promised to deal with the indictment ‘responsibly and realistically’ but is well aware his government is dominated by Hezbollah and its allies. “Today we are facing a new reality that we must be aware of, bearing in mind that these are accusations and not verdicts,” Mikati said and added: “All suspects are innocent until proven guilty.”
The massive truck bombing that killed Hariri and 22 others on February 14, 2005 was one of the most dramatic political assassinations in the Middle East. A billionaire Sunni businessman, Hariri was one of Lebanon’s most prominent politicians after the 15-year civil war ended in 1990. The assassination polarized Lebanon into an anti-Syrian, western-backed camp led by his son Saad al-Hariri, and another dominated by Hezbollah. Suspicion initially fell on Syria, since Hariri had been seeking to weaken the military and political domination of its larger neighbour.
Political deadlock
While some Lebanese feel it is crucial to find out who is behind the killing of Hariri, others are tired of the political deadlock it creates and worry about the stability of their divided country. Many people seem to have made up their minds a long time ago and new proof or information will not easily change their opinion about who is responsible for the crime. Analysts seem to agree that Lebanon is roughly equally divided over Hezbollah’s innocence or guilt. But if indeed the Shia group was involved in the assassination of this important Sunni politician it would deal a severe blow to the group’s carefully-cultivated image as a force of resistance against Israel.
Backlash
Security was immediately tightened in the city after STL investigators visited the offices of Prosecutor General Saed Mirza to hand over the indictment. Because of fears of a potential backlash, tanks were moved into many areas of the capital. Given that Hezbollah is the single most powerful party and has an enormous arms arsenal, violence is always a worry in this small Mediterranean country where sectarian and political strife could quickly spill into the streets. A warning came from Walid Jumblatt, a partner in the government. He pointed to widespread fears that the case could further divide the country. “Civil peace is more important than anything else,” he said.
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