YK:n Libanon-erityistuomioistuin tuomitsi yhden syylliseksi pommi-iskuun, joka surmasi mm. Libanonin pääministerin v. 2005

Today, 18 August 2020, the Trial Chamber of the Special Tribunal for Lebanon pronounced its Judgment in the Ayyash et al. case (STL-11-01).

The Trial Chamber found, unanimously, the Accused, Salim Jamil Ayyash guilty beyond reasonable doubt as a co-perpetrator of:

• conspiracy aimed at committing a terrorist act;
• committing a terrorist act by means of an explosive device;
• intentional homicide of Mr Rafik Hariri with premeditation by using explosive materials;
• intentional homicide of additional 21 persons with premeditation by using explosive materials; and
• attempted intentional homicide of 226 persons with premeditation by using explosive materials.

It further found Hassan Habib Merhi, Hussein Hassan Oneissi and Assad Hassan Sabra not guilty of all counts charged in the amended consolidated indictment.

The case concerns the attack on the former Lebanese prime minister Rafik Hariri’s life by explosives equivalent of 2,500 to 3,000 kilograms of TNT in daytime on 14 February 2005 in central Beirut. The explosion killed 22 people, including the former prime minister, and injured 226 others. Shortly after the explosion, on the afternoon of 14 February, the Al-Jazeera news network in Beirut received calls claiming responsibility for the attack, and a video tape that it later broadcast. In the video, a young Palestinian man, Mr Ahmad Abu Adass, claimed, on behalf of a fundamentalist group called ‘Victory and Jihad in Greater Syria’, to have executed the attack.

The Trial Chamber considered the evidence individually and in its totality. The trial record comprised the evidence of 297 witnesses and 3,135 exhibits with a total of more than 171,000 pages. At the end of the trial, the transcript—with all three official languages combined—amounted to more than 93,900 pages.

The reasoned Judgment is 2,641 pages. To make it more accessible to the public, the Trial Chamber also issued a summary of the Judgment, which is an authentic and authoritative abbreviated version of the judgment. The judgment, the summary of judgment and the pronouncement of the Judgment, as delivered in court on 18 August 2020, are available on the Special Tribunal’s website.

The Trial Chamber is composed of Presiding Judge David Re, Judge Janet Nosworthy and Judge Micheline Braidy. Judge Walid Akoum and Judge Nicola Lettieri are Alternate Judges.

Annexed to the Judgment are one separate opinion and a declaration by Judge Re, one separate opinion by Judge Nosworthy and one dissenting opinion by Judge Braidy.

Sentencing proceedings:

The Trial Chamber will now proceed with the sentencing proceedings in relation to Salim Jamil Ayyash and—after receiving submissions from the Parties—impose a sentence in respect of each count in the amended consolidated indictment upon which it has found him guilty or impose a single sentence reflecting the totality of his criminal conduct.

Salim Jamil Ayyash may be sentenced to imprisonment for a term up to and including the remainder of his life. The sentence will be pronounced in public.

Appeal:

A Judgment or sentence may be appealed within 30 days of the pronouncement of the sentence.

Background information:

• An overview of the case of Prosecutor v. Ayyash, Merhi, Oneissi and Sabra trial here.
• The Judgment in English is now available on the STL website.
• The Summary of Judgment is available here.

Judgment in the Ayyash et al. case (STL-11-01)