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STL Bulletin

April 2016

The STL Bulletin provides a monthly overview of the latest developments, news and visits to the Special Tribunal for Lebanon.
It is not a judicial document with legal authority. It is one of a number of public information documents produced by the
Tribunal. You can view them all at http://www.stl-tsl.org/en/news-and-press.

The Prosecutor v. Ayyash et al. (STL-11-01)

On 4 and 5 April, Mr Gary Platt, an investigator


with the Office of the Prosecutor (OTP) testified as
to his qualifications and experience to enable the Trial
Chamber to determine whether he was qualified as an
expert under the Tribunals Rules of Procedure and
Evidence (RPE).

Mr Platt informed the court of his qualifications and his


former employment positions in a chronological order.
Trial Chamber in the Ayyash et al. case
The Prosecution then asked the witness in a thematic
manner on various topics in which it considered he was Defence Counsel for Mr Badreddine, Mr Ayyash, Mr
qualified including asking about the training courses Sabra and Mr Merhi cross-examined the witness on his
qualifications and expertise. Mr Platt was asked about
All public filings and transcripts in the Ayyash et al. case how he described himself in various reports and state-
are available on our website.
ments that he had produced during his time working
for the OTP. He also discussed his resume, training
that he had provided on those subjects. He also spoke courses and examinations he completed, and previous
about his time working in the OTP, since March 2010, cases he had worked on in the United Kingdom.
and his role within the investigation unit.

www.stl-tsl.org
Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands PO Box 115, 2260 AC Leidschendam, Netherlands.
For more information please contact the Public Information and Communications Section: stl-pressoffice@un.org Tel : +31 (0) 70 800 3560 / 3828 and +961 4 538 100 (Beirut)
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On 6 April, the Trial Chamber decided, in an oral The witness gave a general explanation of the mobile
decision, that Mr Platt fell within the legal definition network components, how a call is set up and trans-
of an expert and that his employment as an investi- mission in a network. He also explained that the call
gator with the OTP did not of itself disqualify him data records (CDRs) contained numerous fields of
from being classified as an expert. The Trial Chamber information, such as registration information related
declared Mr Platt qualified to give an expert opinion to calls, times, routing and system connections.
in two limited areas: (1) matters connected with the
surveillance of criminal networks and; (2) the identi- Witness PRH 707 spoke about the Alfa subscribers
fication and organization of covert communications database that contains addresses, names, dates and
networks. Written reasons for this decision were later type of subscriptions. Regarding pre-paid subscribers,
handed down by the Trial Chamber on 13 April 2016. he explained that current rules control the sale of such
Mr Platt then commenced his substantive testimony, subscriptions, but that such a system did not exist in
presenting analysis of the activity of four telephone 2004-2005.
networks (green, yellow, blue and red networks) impli-
The witness informed the court that Alfa has no
cated, according to the Prosecution, in the 14 February
detailed records in its database of complaints made
2005 attack. The witness discussed the yellow network
in 2004-2005. The company only started to register
consisting of 13 individual phones, their use, financing,
details of complaints in the past two to three years.
organization and their eventual shutdown.
From 20 to 22 April, PRH 707 was cross-examined by
On 14 and 15 April, Mr Gary Platt resumed his testi-
Defence Counsel for Mr Sabra.
mony before the Trial Chamber.
Witness PRH 707 was questioned in depth about the
The witness gave evidence on the green telephone
methods and steps that Alfa teams used to respond to
network consisting of 18 individual phones with a 12
the OTPs requests for assistance in relation to Alfas
month subscription, the use of those phones, and their
2005 coverage maps. He confirmed that his prede-
purchase with alleged false subscribers details. He
cessor provided the Alfa mapping information to the
further testified about call sequence tables and maps
OTP and added that the information provided in the
that reflected the activities of those phones.
system took into consideration the cell sites that were
Additionally, Mr Platt testified about the blue tele- active and operating in 2005.
phone network consisting of 15 pre-paid phones,
Counsel asked witness PRH 707 about the cell sites
allegedly operating as a network between October
that were in service in 2005 and those that were
2004 and October 2005. He explained the setup of the
dismantled before or after the attack of 14 February
network, its formation, the cessation of its activities,
that year. He then compared this to the document
finances and maintenance.
provided by Alfa. Counsel then focused on certain cell
He finally spoke about the red telephone network, sites that were on air during the events of 14 February
which according to Mr Platt, consisted of a group of 2005 but were not included on the Alfa maps and
eight pre-paid mobile phones purchased sometime about the consequences of not having all the cell sites
between 24 December 2004 and 4 January 2005, and on air on the shape files. PRH 707 explained that its
used by the Red Network between 14 January 2005 not a 100 per cent error. He stated that in such case,
and 14 February 2005. the coverage of the neighboring cells partly might have
not been correct, and there would be a certain margin
On 18 and 19 April, protected witness PRH 707, of shortage in the coverage of the cells.
a representative of Lebanese telecommunications
provider Alfa Telecommunications (Alfa), testified Witness PRH 707 identified the elements that create a
before the Trial Chamber. The witness had been given margin of error in the mapping information of the cell
permission to consult Alfas business records and to sites. This included the accuracy of the map, the algo-
seek advice from the relevant Alfa operational advi- rithm and mapping tools, the topography and human
sory teams in order to obtain information related to error. He added that Alfa estimated 60 to 70 per cent
issues that arose during his initial testimony in January of accuracy of the prediction maps in the period of
and February 2016. Throughout his testimony he 2004 and 2005.
identified to the Trial Chamber the source(s) for his
The witness then discussed Alfas drive tests that deter-
information.
mine whether the site has the coverage it needs, and

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon

2
confirmed the difference which could exist between Finally, the witness gave evidence on the directed re-try
the predicted coverage of a cell site and the drive tests feature of the Alfa network which gives a caller trying
due to the lack of necessary measurements in 2004. to make a call through a cell site when all its channels
The witness explained the process of drive testing, the are busy, the opportunity to direct the call to another
analysis of the measurements and the types of predicted cell site. When asked by the Defence Counsel, the
coverage that could be used for more accuracy. He witness stated that the Prosecution software could not
further noted that the results of these drive tests were be relied upon to determine exactly the location of the
not routinely kept on record by the company. caller.

Witness PRH 707 was then asked about the state of The Trial Chamber then deferred the cross-examina-
Alfas network and its coverage in 2004 and 2005 and tion of witness PRH707 by Defence Counsel for Mr
the use of prediction packages in the planning tool, Badreddine. Thus, the witness continues his testimony
which accurately predicts the coverage. He confirmed during the first week of May 2016.
that there are certain basic fundamental elements to a
package, with four of the key ones being the propaga-
tion model, the clutter model, the terrain model, and
the transmission parameters.

Facts and Figures


There are three components to the Prosecutions case:
(1) Forensic evidence relating to the attack which is completed;
(2) Evidence of the preparatory acts of the Accused which is at an advanced state;
(3) Identity and roles of the Accused which is forthcoming.

Case information is available on the STL website.


In The Hague: 61
In person (Viva Voce): 105 Via Video Teleconference (VTC): 40
Witnesses Total: 200
In The Hague and via VTC: 4
Written statement: 98, of whom 3 also testified in person
Prosecution: 897
Ayyash: 6
Badreddine: 84
Exhibits Total: 1102 Defence: 200 Oneissi: 39
Merhi: 25
Sabra: 46
Legal Representative of Victims: 5
Filings Total: 3348
Pre-trial Written: 330 Trial Written: 371 Appeal Written: 49
Decisions Total: 918 Judge: Delivered in Chamber: Delivered in Chamber: Delivered in
330 Court: 0 539 Court: 168 49 Court: 0
Victims Participating in the Proceedings Total: 72, 24 of whom have attended the proceedings

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon

3
In the case against Akhbar Beirut S.A.L. and
Mr Ibrahim Mohamed Ali Al Amin (STL-14-06)

On 7 April, the Defence Counsel started the pres- or harassment following the publication of the article.
entation of its case. The first witness was Mr Najib The Amicus Curiae then asked the witness about his
El-Kharrat, who testified via Video Teleconference witness statement, his testimony in the Ayyash et al.
(VTC). He was asked about his witness statement, case on 1 October 2015, and his relationship with
specifically about the article published by Al Akhbar Mr Al Amin and Al Akhbar newspaper. The witness
on 15 January 2013 that included his personal infor- was further questioned about articles he wrote for Al
mation. He confirmed that the publication of the Akhbar about car accidents and traffic laws. He was
article did not affect his personal or professional life. also asked about a clarification that he requested Al
The Amicus Curiae then cross examined Mr El-Kharrat Akhbar to publish after his photo and name appeared
in a private session. in the newspaper.

The second witness was Mr Mahmoud Assi, who was On 8 April, the last Defence witness, Mr Elias Aoun,
the manager of the Sidon branch of Capital Insurance President of the Order of Lebanese Press Editors,
and Reinsurance Company in 2002. As per his witness testified as an expert before the contempt judge. The
statement, Al Akhbar newspaper published an article witness was asked about his experience and qualifica-
on 19 January 2013 in which Mr Assis name, photo tions, and about the freedom of press and expression
and other personal information were published. The in Lebanon and the report he drafted covering the
newspaper also cited him as one of the Prosecution topic. He also spoke about the rules and obligations of
witnesses before the STL. The witness confirmed his journalists in Lebanon. The Amicus Curiae asked the
written statement of 8 March 2016 and informed the witness about his report, about the media in Lebanon
Trial Chamber that he was not subject to any threat and the reactions to Al Akhbar articles.

Facts and Figures


Case information is available on the STL website.
In The Hague: 9
In person (Viva Voce): 11 Via Video Teleconference (VTC): 2
Witnesses Total: 11
In The Hague and via VTC: 0
Written statement: 4, of whom 4 also testified in person
Amicus Curiae Prosecution: 153
Exhibits Total: 211
Defence: 58
Filings Total: 361
Written: 100 Written: 3
Decisions Total: 116 Contempt Judge: 113 Delivered in Appeals Panel: 3 Delivered in
Court: 13 Court: 0

Document provided by the Public Information and Communications Section of the Special Tribunal for Lebanon

4
STL President concludes working visit to Lebanon
On 14 April, STL President Judge Ivana Hrdlikov, American University.1 President Hrdlikov also gave
concluded a visit to Lebanon, after holding a number a briefing at the Beirut Bar Association on Contempt
of meetings with Lebanese government officials, diplo- Proceedings in International Criminal Jurisdictions
mats, in addition to representatives of the legal and and a lecture at Saint Joseph University on Evidentiary
academic communities in Beirut. Rules of the STL and the Lebanese Legal System.

The STL President also participated in a number of The full press release can be found here.
outreach events. She concluded the fifth Inter-Uni-
versity Programme on International Criminal Law 1 The IUP is organised by the STL in cooperation with nine prominent
and Procedure (IUP) with a lecture at the Lebanese Lebanese universities and the T.M.C. Asser Institute in The Hague.

Visits of the Head of Defence Office


From 4 to 8 April, Mr Franois Roux concluded On 12 April, Mr Franois Roux was invited by the
a four-day visit to New York to discuss Defence Romanian National Institute for Magistracy in
Matters with the management committee members, Bucarest, Romania, to lecture on International Crim-
Under-Secretary-General for Legal Affairs Mr Miguel inal Justice and international terrorism.
de Serpa Soares and his Deputy, Mr Stephen Mathias,
and the Deputy Program Director of the International
Center for Transitional Justice, Ms. Anna Roccatello.

Visits to the Tribunal


During the month of April, the STL hosted student Fdration des associations des tudiants cagous
visitors from seven institutions: Universit de Franche en mtropole (France), UN Youth Association of
Comt (France), Universit de Nanterre (France), Germany (Germany), University of Groningen (The
Netherlands), London School of Economics and Polit-
ical Science (UK) and Ghent University (Belgium).
Current Opportunities at the STL.

Students from the Universit de Nanterre Students from Ghent University

Current Opportunities at the STL


Job Vacancies Please refer to our website for regu- Internships The STL accepts internship applica-
larly updated employment opportunities at the STL. tions for placement in the Chambers, Office of the
Prosecutor, Defence Office, and Registry on a rolling
basis throughout the year.

www.stl-tsl.org
Dokter van der Stamstraat 1, 2265 BC Leidschendam, Netherlands PO Box 115, 2260 AC Leidschendam, Netherlands.
For more information please contact the Public Information and Communications Section: stl-pressoffice@un.org Tel : +31 (0) 70 800 3560 / 3828 and +961 4 538 100 (Beirut)
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