The Special Tribunal for Lebanon Streamlines its Rules of Procedure and Evidence

Leidschendam, 29 June 2009: As part of his continued efforts to ensure that the Special Tribunal for Lebanon (STL) is suitably equipped with the required legal framework and instruments to efficiently and effectively discharge its mandate, President Antonio Cassese initiated a number of amendments to the Rules of Procedure and Evidence. The amendments were unanimously approved by the eleven Judges of the Tribunal on 5 June and were posted on the STL website on 10 June 2009. They therefore entered into force on 19 June 2009, pursuant to Rules 5 and 7 of the Rules of Procedure and Evidence.

The amendments were introduced by President Cassese following consultations with the STL Prosecutor and the Head of the Defense Office as well as the Registrar.

The Judges adopted the amended Rules pursuant to Rule 5(F) of the Rules of Procedure and Evidence, which allows amendments to be adopted other than at plenary sessions, provided they are unanimously approved by the Judges.

The amendments relate to the investigation stage of the proceedings (Rules 16, 18, 77 and 96); the effect of non-compliance by States with Tribunal requests and orders (Rules 20, 21); the Senior Management Board and the functions of the Registrar (Rules 38 and 48); service of judicial documents (Rule 75bis); warrants of arrest (Rule 79); detention on remand (Rule 101); and disclosure of confidential information (Rules 117-119).

The overall rationale for the Rules, including some of these amendments, is covered in the Explanatory Memorandum of the Tribunal’s President on the Rules of Procedure and Evidence, posted on the STL website and accessible in English and French through the following link:

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

The specific objectives of the amendments made are as follows:

To streamline the rules and ensure that they better translate the letter and spirit of the relevant provisions of the STL Statute;

To ensure the consistency of the amended rules with other relevant rules of the Rules of Procedure and Evidence;

To further clarify cooperation responsibilities and obligations based on possible agreements on legal assistance;

To encourage cooperation with the STL to the extent possible by States and organizations, as well as sources of sensitive information;

To meet operational needs of the ongoing investigation; and

To protect the confidentiality of information during the investigative stage for the effective conduct of the investigation and/or the protection of any person.

The amendments were made in conformity with Paragraph 1 of Article 28 of the STL Statute which provides the Judges with the exclusive prerogative to adopt the Rules of Procedure and Evidence and stipulates that the Judges “may amend” the rules “as appropriate”. This provision is a standard provision in international and hybrid tribunals, where Rules of Procedure and Evidence are frequently amended. This provision stems from the need to ensure that the Rules of Procedure and Evidence of the Tribunals, as a legal operational instrument to implement the provisions of their respective Statutes, can facilitate proceedings before these Tribunals. As such, Rules of Procedure and Evidence are a living and an evolving legal instrument that are subjected to regular review.

The Special Tribunal for Lebanon will ensure that all future amendments, if any, are posted in a timely fashion on its website.

For further information please contact Ms Suzan Khan, Press Officer & Spokesperson khan32@un.org - Tel: +31 (0) 70 800 3416 - M: +31 (0) 6 1107 9542