mowaten

Eichhorst Meets Miqati: We Hope Lebanon Will Continue Supporting Int’l Resolutions, STL

ps: aka "yarmouk"

Report: Miqati, Nasrallah Discussed STL Last Month

minx we want truth, and justice. not a carnival like the stl

Report: Miqati, Nasrallah Discussed STL Last Month

profile: i worship no one. i support our national resistance. atheist yet patriotic.

Report: Miqati, Nasrallah Discussed STL Last Month

calling me iranian is a very worn out rhetoric, but since you guys pretend the STL is not a joke, explain the following:

the source: http://www.stl-tsl.org/x/file/TheRegistry/Library/BackgroundDocuments/RulesRegulations/STL_Rules_of_Procedure_and_Evidence-En.pdf

Rule 110
Disclosure by the Prosecutor
Subject to the provisions of Rules 115, 116, 117 and 118:
(A) the Prosecutor shall make available to the Defence in a language which the accused understands [...]
(i) copies of the supporting material which accompanied the indictment [...]
(ii) [...] copies of: (a) the statements of all witnesses whom the Prosecutor intends to call to testify [...]

>>up to here we agree, this is logical, any trial in the world requires that the prosecution presents proof and testimonials on which the accusation is based. BUT let's have a look at the beginning: "Subject to the provisions of Rules 115, 116, 117 and 118"

Report: Miqati, Nasrallah Discussed STL Last Month

Rule 115
Protection of Victims and Witnesses
(A) In exceptional circumstances, the Prosecutor may apply to the Pre-Trial Judge or Trial Chamber to order interim non-disclosure of the identity of a victim or witness who may be in danger or at risk until such a person is brought under the protection of the Tribunal.

First irregularity, this rule allows to have anonymous witnesses. This is something you will find in no court in the world, except the STL. The lame excuse invoked (their protection) is not receivable anywhere else and that is why there are witness protection programs, where they are given new identities and a fresh start life somewhere else to protect them.

Report: Miqati, Nasrallah Discussed STL Last Month

Rule 116
Application and Grounds for Non-Disclosure
(A) Where information in the possession of the Prosecutor is not obtained under or otherwise subject to Rule 118, and its disclosure would ordinarily be required under Rule 110 or 113, but such disclosure (i) may prejudice ongoing or future investigations, (ii) may cause grave risk to the
security of a witness or his family, or (iii) for any other reasons may be contrary to the public interest, the Prosecutor may apply ex parte to the Trial Chamber sitting in camera to be relieved in whole or in part of an obligation under the Rules to disclose that material. When making such
application the Prosecutor shall provide the Trial Chamber with the information that is sought to be kept confidential, together with a statement relating to the proposed counterbalancing measures including, inter alia: identification of new, similar information; provision of the
information in summarised or redacted form; or stipulation of the relevant facts.

Report: Miqati, Nasrallah Discussed STL Last Month

this one here is just hilarious, in case presenting the evidence in contrary to "general interest" (ROFL) they just hide it, "present it to the judges" and give you a "summarized report" or just state "the relevant facts"
in brief this means i can convict and condemn you based on proof you will not see, all i need to do is tell you the relevant fact, such as "this invisible proof said you're guilty, what do you answer to that for your defense?"

Report: Miqati, Nasrallah Discussed STL Last Month

Rule 117
Security Interests of States and Other International Entities
(A) Where information in the possession of the Prosecutor is not obtained under or otherwise subject to Rule 118, and its disclosure would ordinarily be required under Rule 110 or 113, but such disclosure may affect the security interests of a State or international entity, the Prosecutor may apply ex parte to the Pre-Trial Judge sitting in camera for an order to be relieved of his obligation to disclose in whole or in part, or subject to counterbalancing measures provided for in Rule 116(A). (amended 5 June 2009)

Here they simply tell you that is would be legal to not disclose proof if that proof may affect the security of a state (say for instance that state is israel, and the proof shows that they have something to do with it, then the LEGALLY can not show that proof)
the counterbalancing measure are the same as above, like stating facts, but with no way for the defense to verify or contradict

Report: Miqati, Nasrallah Discussed STL Last Month

and a bonus one :
Rule 113
Disclosure of Exculpatory Material
Subject to the provisions of Rules 116, 117 and 118, the Prosecutor shall, as soon as practicable,
disclose to the Defence any information in his possession or actual knowledge, which may reasonably
suggest the innocence or mitigate the guilt of the accused or affect the credibility of the Prosecutor’s
evidence.

sound logical? yes indeed. BUT it is immediately overrun by this:

Report: Miqati, Nasrallah Discussed STL Last Month

Rule 116
Application and Grounds for Non-Disclosure (as seen above)
Rule 117
Security Interests of States and Other International Entities (as seen above)
Rule 118
Information never Subject to Disclosure without Consent of Provider (you may go to the link and read it yourself

those three exceptions, which are quite vague and allow for a LOT of leeway, just make it legal that the prosecution withhold any proof of the innocence of the accused, or anything affecting the credibility of the accusation, simply if it affects "general interest" (may I ask of whom??) and the security of a friend state (may i again ask of whom???)
now guys if you want to stand such a trial, go ahead, be my guests, but for observators with half a brain, from the entire world, this is merely a joke