STL Prosecutor files ’amended indictment’ for confirmation by STL Pre-Trial Judge

Suddenly and without prior notice, Special Tribunal for Lebanon Prosecutor Daniel Bellemare filed an "amended indictment" for confirmation by STL Pre-Trial Judge Daniel Fransen, on the eve of the rally to be held by the STL supporters in Lebanon, the remains of the so-called March 14 forces in their sixth birthday.

The “innocent” move raised tens of question marks in Lebanon, in relation with the political meanings of the amendment of the indictment, but also delayed the expected release of the indictment, as sources monitoring the situation predicted the indictment would be released in May or June of this year.

Lebanese daily As-Safir quoted on Saturday sources following up on the investigation as saying that Fransen will have six to ten weeks to study the amended indictment. STL sources, however, told the daily that the pre-trial judge does not have a deadline to reject or accept Bellemare's amended indictment, meaning that the process may take several months and not necessarily weeks as has been reported.

Lebanese judicial sources told the paper that the STL's Rules of Procedures and Evidence grants Bellemare the right to issue more than one indictment at various points in time and without any limits, meaning that he can submit an indictment even after the trial begins. Furthermore, he has the right to submit an indictment as long as the investigation is ongoing.

On Friday, Bellemare filed an "amended indictment" for confirmation by STL Pre-Trial Judge Daniel Fransen "as a result of the gathering and analysis of further evidence," the Office of the Prosecutor announced in a press release. "This amendment expands on the scope of the indictment filed on January 17, 2011 in connection with the attack on former Lebanese Prime Minister Rafiq Hariri and others on February 14, 2005," the OTP noted. The possibility for the Prosecutor to amend an indictment, without leave, at any time before its confirmation, is specifically provided for by Rule 71A (i) of the Tribunal's Rules of Procedure and Evidence, the OTP clarified.

Bellemare "has submitted that the Pre-Trial Judge's Order of January 19, 2011 on non-disclosure of the confidential indictment should apply equally to the amended indictment and supporting materials," according to the press release. "Their unauthorized disclosure could, therefore, be considered as interference with the Tribunal's administration of justice amounting to contempt of the Tribunal in violation of Rule 60 bis(A)."

Reiterating Bellemare's remarks contained in STL's 2010-2011 Annual Report, which has been recently published, the OTP noted that "the investigation continues in order to meet the evidentiary threshold required at trial and to be able to bring to justice others who may be responsible for the attack."