Naharnet

STL Judges Approve Amendments to Rules of Procedure and Evidence

The judges of the U.N.-backed Special Tribunal for Lebanon have approved some amendments to the tribunal's Rules of Procedure and Evidence which “clarify and improve the existing rules” and “speed up proceedings."

“At a Plenary meeting, the Judges of the STL have approved some amendments to the Tribunal's Rules of Procedure and Evidence,” the STL said in a statement on Monday.

“While several amendments are minor and technical in nature, the following is a summary of the most significant changes adopted:

- Rule 7 – Deadlines will now be counted as calendar days and not working days.

- Rule 36 – This amendment assigns more powers to a single Judge of a Chamber (the Judge Rapporteur) in order to speed up proceedings.

- Rules 60bis and 152 – Cases of contempt and false testimony will be heard by a single Judge, with the aim of simplifying and speeding up such proceedings.

- Rule 89(E) The amendment allows the Pre-Trial Judge to refer any matter to the Trial Chamber that he considers should be adjudicated before the formal transmission of the case file. As a result, the Trial Chamber will be able to consider such matters before the start of trial.

- Rule 70 – This amendment is aimed at streamlining the disposal of cases in case of joinder. When two or more cases are joined into one, the Trial Chamber already seized of one of them may assume some of the powers of the Pre-Trial judge. This will expedite proceedings in case of joinder and prevent litigation on the most appropriate forum.”

The STL said the amended rules shall enter into force on March 6 and will become available on the court's website.

Pre-Trial Judge Daniel Fransen has postponed the provisional March 25 start date for trials.

Four Hizbullah members have been indicted in the Feb. 2005 assassination of ex-Premier Rafik Hariri. They will be tried in absentia.

The suspects were indicted after prosecutors analyzed a vast network of telephone records to link an "assassination team" to the suicide truck bombing on the Beirut seafront boulevard.

Fransen said in a written ruling on Thursday trials will be postponed because prosecutors have not yet disclosed all evidence to defense attorneys for the suspects, and the attorneys can't access other material because of technical issues. Also, defense lawyers have a number of outstanding requests for assistance in their investigations with Lebanese authorities.

Fransen ruled that the problems and delays would "not allow Defense Counsel adequate time to prepare for trial and would be in violation of the most basic right of the accused and the principle of fair trial," the tribunal said in a statement.

No new date was immediately set for the trial.


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