The Prosecutor v. Salim Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi, Assad Hassan Sabra
| Court |
Special Tribunal for Lebanon (Trial Chamber), The Netherlands |
| Case number |
STL-11-01/T/TC |
| Decision title |
Summary of Judgment |
| Decision date |
18 August 2020 |
| Parties |
- The Prosecutor
- Salim Jamil Ayyash
- Hassan Habib Merhi
- Hussein Hassan Oneissi
- Assad Hassan Sabra
|
| Other names |
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| Categories |
Conspiracy to commit a terrorist attack, Homicide with premeditation, Terrorism |
| Keywords |
Special Tribunal for Lebanon, Terrorism, conspiracy to commit an act of terrorism |
| Links |
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| Other countries involved |
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back to topSummary
On 14 February 2005, explosives equivalent to 2500 kgs of TNT were detonated in Downtown Beirut, killing former PM Rafik Hariri and 21 others and injuring 226 people.
In its judgement of 18 August 2020, the Trial Chamber found Mr. Ayyash guilty of co-perpetrating conspiracy for committing a terrorist act, committing a terrorist act by an explosive device, intentional homicide of Mr. Rafik Hariri with premeditation and by explosive materials, and attempted intentional homicide of 226 persons with premeditation by using explosive materials. The Court’s reasoning was based on the connection of Mr. Ayyash to mobile Red 741, which had been proven to have monitored Mr. Hariri’s movements and prepared for the attack.
The Trial Chamber, however, acquitted Messrs. Oneissi and Sabra for lack of sufficient evidence proving, beyond a reasonable doubt, their complicity to the attack, and acquitted Mr. Merhi for insufficient factual evidence surrounding his actions.
back to topProcedural history
On 16 February 2011, the Appeals Chamber issued an interlocutory decision which decided the applicable law governing the alleged crimes.
On 28 June 2011, the Pre-Trial Judge confirmed the indictment which had been submitted by the Prosecutor accusing Messrs. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi, and Assad Hassan Sabra.
On 31 July 2013, the additional indictment against Mr. Merhi by the Prosecutor was confirmed by the Pre-Trial Judge.
The trial in the Ayyash et al. case began on 16 January 2014.
On 11 July 2016, the Appeals Chamber ordered the termination of the proceedings against Mustafa Badreddine after confirmation of his death.
The trial was concluded on 21 September 2018 with closing arguments.
On 10 July 2020, the Trial Chamber issued a scheduling order to the public pronouncement of the Judgment in the Ayyash et al. case on Friday 7 August 2020.
On 5 August 2020, the Trial Chamber issued a scheduling order postponing the public pronouncement to 18 August 2020.
back to topRelated developments
On 10 September 2020, the Trial Chamber, which had previously confirmed the jurisdiction of the STL in the Ayyash case relating to the attacks against Mr. Marwan Hamade, Mr. George Hawi, and Mr. Elias El Murr, dismissed the motion filed by Defense Counsel for Mr. Ayyash that argued that the Connected Case Decision erred in ruling the connection of the attacks to the 14 March attack.
The STL’s Pre-Trial Judge Daniel Fransen held a second Status Conference on 16 September 2020, which aims at reviewing the status of the Ayyash case (STL18-10) and ensuring the expeditious preparation for trial.
back to topLegally relevant facts
- The Special Tribunal for Lebanon, established by the UN Security Council upon the request of the Lebanese Government, is a hybrid tribunal applying the Lebanese Criminal Code on substantive crimes, with the exception of the offences outlined in Rule 60 bis. (Para. 430 Summary of Judgment; paras 5863-5864 actual Judgment).
- The Trial Chamber defined three elements constituting the crime of terrorism by an explosive device: performing an act using an explosive device that is liable to create a public danger, knowledge that the act committed will create public danger, and an intent to cause a state of terror (para. 431 Summary of Judgment; para. 6199 actual Judgment).
back to topCore legal questions
Under the definition of terrorism and the substantive Lebanese law adopted by the Court, is the evidence presented to the Court (including telecommunication evidence) sufficient to prove, beyond a reasonable doubt, the charges against Messrs. Salim Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi and Assad Hassan Sabra?
back to topSpecific legal rules and provisions
- Article 2 and Rule 60 bis of the STL Statute (applicable law).
- Article 23 of the STL Statute and Rule 168 of Rules of Procedure and Evidence (on rendering the Judgement).
- Articles 270 and 314 of the Lebanese Penal Code (terrorism, conspiracy for committing a terrorist act).
- Articles 547 and 549 (intentional homicide, intentional homicide with pre-meditation and use of explosives).
- Articles 200 and 203 of the Lebanese Penal Code (attempting homicide).
- Article 212 of the Lebanese Penal Code and Article 3(1)(a) of the STL Statute (definition of perpetrator).
- Article 219 of the Lebanese Penal Code (accessory to a felony).
back to topCourt's holding and analysis
The Trial Chamber found Mr. Salim Jamil Ayyash guilty beyond reasonable doubt as a co-perpetrator of conspiracy for committing a terrorist act, committing a terrorist act by an explosive device, intentional homicide of Mr. Rafik Hariri with premeditation and by explosive materials, and attempted intentional homicide of 226 persons with premeditation by using explosive materials (Disposition of Summary of Judgment; para. 6904 actual Judgment).
The Tribunal based its reasoning primarily on the evidence connecting Mr. Ayyash to mobile Red 741, without which there would be no evidence linking him to the attack (para. 543 Summary of Judgment; para. 6714 actual Judgment). The Red mobiles tracked Mr. Hariri’s movements, and prepared for the execution of the attack when the convoy passed (para. 6804 actual Judgment), thus establishing the actus reus.
The Court inferred from Mr. Ayyash’s actions that he was aware of what he was doing and had a mission to assassinate Mr. Hariri (para. 554 Summary of Judgment; para. 6805 actual Judgment), thus establishing mens rea.
Further, it found Messrs. Hassan Habib Merhi, Hussein Hassan Oneissi and Assad Hassan Sabra not guilty of all counts charged in the amended consolidated indictment (Disposition of Summary of Judgment; para. 6904 actual Judgment).
The Court based its reasoning for the acquittal of both Messrs. Oneissi and Sabra on the Prosecution’s failure to prove, beyond a reasonable doubt, that using a mobile, calling each other, and being somewhere in the area where false claim activities happened amounted to the knowledge and acceptance of the attack carried out by the perpetrators (para. 563 Summary of Judgment; para. 6883 actual Judgment).
The Court based its reasoning in the acquittal of Mr. Merhi on the lack of factual evidence of Mr. Merhi’s actions, as well as the inability to link any perpetrators to the false claim of responsibility, which Mr. Merhi was alleged to have supervised (para. 572 Summary of Judgment; para. 6896 actual Judgment).
back to topInstruments cited
back to topRelated cases
The Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hasan Sabra (STL-11-01/I) (http://www.internationalcrimesdatabase.org/Case/818)
back to topAdditional materials
G. Azar, ‘Hariri welcomes ruling in the killing of slain father’, Annahar, 18 August 2020 (https://en.annahar.com/article/1259950-hariri-welcomes-ruling-in-the-killing-of-slain-father)
H. Mneimneh, ‘Pushing Lebanon to Despair: The Hariri Tribunal Verdict and Iran’s Stranglehold’, The Washington Institute, 2020. (https://www.washingtoninstitute.org/fikraforum/view/lebanon-hariri-tribunal-verdict-hezbollah)
J. Bowen, ‘Rafik Hariri Tribunal: Guilty verdict over assassination of former PM’. BBC News. (https://www.bbc.com/news/world-middle-east-53601710)
N. Noureddine, S. Hawkins & E. Naughton, ‘Justice Served? The Special Tribunal for Lebanon Renders Its Long-Anticipated Judgement’, International Center for Transitional Justice, 2020. (https://www.ictj.org/news/justice-served-special-tribunal-lebanon-renders-its-long-anticipated-judgment)
N. Houssari. ‘Shattered Lebanon finds little peace in Hariri Verdict’, Arab News, 20 August 2020 (https://www.arabnews.com/node/1721896/middle-east)
‘The European Union supports the Special Tribunal for Lebanon’, EU Neighbours, 19 August 2020 (https://www.euneighbours.eu/en/south/stay-informed/news/european-union-supports-special-tribunal-lebanon)
M. Omari, ‘A Syrian Perspective on the Special Tribunal for Lebanon: What lessons to be learnt?’, Arab Reform Initiative, 12 November 2020 (https://www.arab-reform.net/publication/a-syrian-perspective-on-the-special-tribunal-for-lebanon-what-lessons-to-be-learnt)
back to topSocial media links
