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30 June 2011

Special Tribunal for Lebanon: indictment is confirmed

Sealed indictment
It has been announced today, 30 June, that the STL Pre-Trial Judge confirmed the indictment relating to the assassination of Rafiq Hariri and others on 28 June 2011.
The indictment and accompanying arrest warrant(s) were transmitted to the Lebanese authorities today.
According to the announcement, the judge ruled that the indictment shall remain confidential in order to assist the Lebanese authorities in fulfilling their obligations to arrest the accused.
 Trial in absentia?
There is a likelihood that none of the accused will be arrested. In such a case the following procedure applies:

The Lebanese authorities must inform the President of the STL within 30 days after the confirmation of the indictment of the measures the state has taken to arrest the person(s) named in the indictment.

If after these 30 days no individual(s) is/are arrested and if the STL President considers that reasonable attempts to serve the indictment have been made, he may order a public advertisement calling on the accused to surrender to the Lebanese authorities.

If the accused has not been arrested within 30 calendar days of the public advertisements the Pre-Trial Judge can ask the Trial Chamber to initiate in absentia proceedings.

If the trial in absentia takes place, the accused would be represented by a counsel appointed by the Head of the Defence Office.

If the accused decides to present himself to the tribunal during trial proceedings or at any time after sentencing, he may request a new trial.

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