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The Special Tribunal for Lebanon: Decision on the Disclosure of Materials from the Criminal File of Mr El Sayed

Published online by Cambridge University Press:  27 February 2017

Alison Plenge
Alison Plenge*
Affiliation:
War Crimes Research Office at American University Washington College of Law
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Type
International Legal Documents
Information
International Legal Materials , Volume 50 , Issue 6 , December 2011 , pp. 1098 - 1109
Copyright
Copyright © American Society of International Law 2011

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References

End notes

* This text was reproduced and reformatted from the text available at the Special Tribunal for Lebanon website (visited Dec. 1, 2011) http://www.stl-tsl.org/en/the-cases/in-the-matter-of-el-sayed/main/filings/orders-and-decisions/pre-trial-judge/decision-onthe-disclosure-of-materials-from-the-criminal-file-of-mr-el-sayed.

1 Indeed, El Sayed has stated that ‘‘the tribunal might not ‘be able to bear the consequences’ of what he called prosecutor Daniel Bellemare’s ‘footdragging’ and ‘delaying tactics’ in providing the material.’’ International Justice Desk, STL Prosecutor Hides Evidence: Lebanese Ex-general, Radio Netherlands Worldwide, Jan. 17, 2011, available at http://www.rnw.nl/international-justice/article/stl-prosecutor-hidesevidence-lebanese-ex-general.

2 See In the Matter of El Sayed, Case No CH/PTJ/2011/08, Decision on the Disclosure of Materials from the Criminal File of Mr. El Sayed (Spec. Trib. for Leb. May 12, 2011), available at http://www.stl-tsl.org/en/the-cases/in-the-matterof-el-sayed/main/filings/orders-and-decisions/pre-trial-judge/decision-on-the-disclosure-of-materials-from-the-criminalfile-of-mr-el-sayed [hereinafter May 2011 Decision on Disclosure].

3 In the Matter of the Hariri Case, Case No. CH/PTJ/2009/06, Order Regarding the Detention of Persons Detained in Lebanon in Connection with the Case of the Attack Against Prime Minister Rafiq Hariri and Others, ¶¶ 39-40 (Spec. Trib. for Leb. Apr. 29, 2009), available at http://www.haguejusticeportal.net/Docs/Court%20Documents/STL/Order-Regarding-the-Detention-of-Persons-Detained-in-Lebanon.pdf.

4 May 2011 Decision on Disclosure, supra note 2, ¶ 1.

5 See In the Matter of El Sayed, Case No. CH/PTJ/2011/01, Order Relating to the Jurisdiction of the Tribunal to Rule on the Application by Mr. El Sayed Dated 17 March 2010 and Whether Mr. El Sayed Has Standing Before the Tribunal (Spec. Trib. for Leb. Sept. 17, 2010), available at http://www.stl-tsl.org/en/the-cases/in-the-matter-of-el-sayed/main/filings/orders-and-decisions/pre-trial-judge/order-relating-tothe-jurisdiction-of-the-tribunal-to-rule-on-the-application-bymr-el-sayed-dated-17-march-2010-a [hereinafter September 2010 Order].

6 Id. ¶ 32.

7 Rule 2 defines ‘‘party’’ as ‘‘the Prosecutor or the Defence,’’ and Rule 131 states that the Trial Chamber may decide after hearing the parties ‘‘that it would assist the proper determination of the case to invite or grant leave to a State, organisation or person to make written submissions on any issue, or to allow a State, organisation or person to appear before it as amicus curiae.’’ Spec. Trib. for Leb., Rules of Procedure and Evidence r. 2 & 131 (Nov. 2010).

8 September 2010 Order, supra note 5, ¶ 40.

9 Id. ¶ 44.

10 Id. ¶ 53.

11 See In the Matter of El Sayed, Case No. CH/AC/2010/02, Decision on Appeal of Pre-Trial Judge’s Order Regarding Jurisdiction and Standing (Spec. Trib. for Leb. Nov. 10, 2010), available at http://www.stl-tsl.org/en/the-cases/in-thematter-of-el-sayed/main-interlocutory-appeal-01/filings/ordersand-decisions/appeals-chamber/decision-on-appeal-of-pre-trialjudges-order-regarding-jurisdiction-and-standing.

12 See In the Matter of the Hariri Case, Case No. CH/PTJ/2011/01, Order on Mr. El Sayed’s Request for Authorization to File a Rejoinder to the Prosecution’s Reply and for the Convening of a Hearing (Spec. Trib. for Leb. Jan. 7, 2011), available at http://www.worldcourts.com/stl/eng/decisions/2011.01.07_Prosecutor_v_Accused.pdf; and Scheduling Order for a Confidential and Ex Parte Hearing in Connection with the Request for Release of Evidentiary Materials Related to the Crimes of Libelous Denunciations and Arbitrary Detention Filed by Mr. El Sayed on 17 March 2010 (Spec. Trib. for Leb. Apr. 12, 2011).

13 May 2011 Decision on Disclosure, supra note 2, ¶ 28.

14 Id. ¶ 29.

15 Id. ¶¶ 33-38.

16 Id. ¶ 41.

17 September 2010 Order, supra note 5, ¶ 53. 18 May 2011 Decision on Disclosure, supra note 2, ¶ 47.

19 Id. ¶¶ 52-60.

20 Id. (at Disposition).

1 Public redacted version of Memo No. 112. The Application: Request for Release of Evidentiary Materials Related to the Crimes of Libellous Denunciations and Arbitrary Detention, CH/PTJ/2010/01, 17 March 2010.

2 Order relating to the Jurisdiction of the Tribunal to Rule on the Application by Mr El Sayed Dated 17 March 2010 and Whether Mr El Sayed Has Standing Before the Tribunal, CH/PTJ/2010/005, 17 September 2010, paras 36, 42 and 53.

3 Ibid, para. 57

4 Decision on Appeal of Pre-Trial Judge’s Order Regarding Jurisdiction and Standing, CH/AC/2010/02, 10 November 2010, paras 57 and 65.

5 The Appeals Chamber noted in this respect that it was for the Pre-Trial Judge ‘‘to consider and decide on the merits of the Application, namely the existence and scope of the Applicant’s right of access to documents from his criminal file that are in the possession of the Prosecutor. It is for the Pre-Trial Judge to consider this question in the first instance’’ (ibid., para. 66).

6 Order on Mr El Sayed’s Requests for Authorisation to File a Rejoinder to the Prosecution’s Reply and for the Convening of a Hearing, CH/PTJ/2011/01, 7 January 2011, pp. 5-6.

7 Order Inviting the Prosecutor to File an Application Containing Grounds Relating to the Non-disclosure of Materials in his Possession Concerning the Detention of Mr El Sayed, CH/PTJ/2011/03, 7 February 2011, pp. 6 to 7 (‘‘Order of 7 February 2011’’).

8 Prosecutor’s Application on the Grounds Relating to the Nondisclosure of Materials in his Possession Concerning the Detention of Mr El Sayed, CH/PTJ/2011/03, 10 March 2011, para. 37.

9 The official translation provided by the Language Section filed on 10 February 2011 contained the expression ‘‘an inventory of the materials’’ whereas the original version in French specified that the Prosecutor should file the ‘‘inventoried materials’’. An amended version of the Order in English was filed on 14 March 2011 by the Language Section of the Registry and was notified to the parties on 16 March 2011.

10 Prosecutor’s Materials Concerning the Detention of Mr El Sayed and Request to Set a 1 April 2011 Deadline for the Filing of the Materials with Suggested Redactions, CH/PTJ/2011/03, 17 March 20 11, para. 8 (‘‘Prosecutor’s Submissions of 17 March 2011’’).

11 Ibid., para.

12 and Annexes B and C. 12 Scheduling Order for the Prosecutor to File Redacted Materials, CH/PTJ/2011/06, 21 March 2011.

13 Prosecutor’s Submission of Documents that can only be Disclosed to the Applicant in Redacted or Summarised Form, CH/PTJ/2011/06, 1 April 2011 (‘‘Prosecutor’s Submissions of 1 April 2011’’).

14 Scheduling Order for a Confidential and Ex Parte Hearing in Connection with the Request for Release of Evidentiary Materials Related to the Crimes of Libellous Denunciations and Arbitrary Detention Filed by Mr El Sayed on 17 March 2010, CH/PTJ/2011/07, 12 April 2011.

15 Addendum to the Non-exhaustive Inventory of the Documents and Materials General El Sayed Requests from the Prosecutor, CH/PTJ/2010/01, 26 April 2011.

16 Prosecutor’s Submissions Concerning Additional Documents for Disclosure or Inspection by the Applicant, CH/PTJ/2011/07, 28 April 2011.

17 Prosecution’s Further Submissions Concerning Additional Documents for Disclosure or Inspection by the Applicant, CH/PTJ/2011/07, 5 May 2011.

18 Réplique á [REPLY TO] “Prosecution’s response to the applicant’s 26 avril [sic] 2011, motion”, 10 May 2011.

19 Application, 17 March 2010, pp. 7 and 8. 20 Non-exhaustive Inventory of the Documents and Materials General El Sayed Requests from the Prosecutor, CH/PTJ/2010/01, 3 December 2010.

21 The Prosecutor’s Application, paras 11 and 34.

22 Ibid, para. 37.

23 Ibid, para. 36.

24 Prosecutor’s Submissions of 1 April 2011, para. 4.

25 Prosecutor’s Application, para. 16.

26 Order of 17 September 2010; Decision on Appeal of Pre-Trial Judge’s Order Regarding Jurisdiction and Standing, CH/AC/2010/02, 10 November 2010.

27 Ibid, para. 52.

28 Ibid., para. 53.

29 Article 11 of the Statute.

30 Rule 55 of the Rules.

31 Prosecutor’s Application, paras 25 to 29.

32 Prosecutor’s Application, paras 30 and 36. 33 Prosecutor’s Application, para. 31.

34 Prosecutor’s Application, paras 32, 33 and 35.

35 Annex C to the Prosecutor’s Submissions of 17 March 2011.