Cassese Extends Deadline Given to Sayyed, Bellemare for Remarks on Investigation Documents

Judge Antonio Cassese, President of the Special Tribunal for Lebanon, has extended to November 5 a deadline given to former General Security chief Maj. Gen. Jamil Sayyed and STL Prosecutor Danielle Bellemare to file any observations on the investigation documents issue.

On September 17, 2010, STL Pre-Trial Judge Daniel Fransen issued an order in which he determined that the Tribunal has jurisdiction to rule on Sayyed's application for access to certain materials in the Hariri case. He also decided that Sayyed had standing to address the Tribunal.

On September 30, 2010, Prosecutor Bellemare appealed against Fransen's ruling on Sayyed's request to access certain documents linked to interrogations of false witnesses.

Bellemare said that Fransen had "erred in law in his interpretation of the Rules of Procedure and Evidence … and in ordering the Prosecution to translate its Rejoinder into French."

"In this case, suspensive effect is appropriate to ensure that the Pre-Trial Judge does not advance proceedings that are based on erroneous considerations," he added.

U.N. Under-Secretary-General for Legal Affairs Patricia O'Brien on October 1, 2010, filed a request with Cassese, asking him to refrain from granting Sayyed access to investigation documents.

O'Brien based her request on "the inviolability of the archives and documents of the United Nations."

"Considering the need for a more comprehensive discussion" of the issues arising from O'Brien's request, "including the question of whether this is a matter to be decided during the instant appellate proceedings," Cassese said Friday that "it is appropriate to extend the deadline for observations to be filed by the parties."