Identifier
Created
Classification
Origin
06BEIRUT2092
2006-06-23 12:30:00
CONFIDENTIAL
Embassy Beirut
Cable title:  

MGLE01: MINISTRY OF JUSTICE "FULL STEAM AHEAD" ON

Tags:  PREL PTER KDEM KCRM MARR EAID KMPI LE 
pdf how-to read a cable
VZCZCXRO8737
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DE RUEHLB #2092/01 1741230
ZNY CCCCC ZZH
P 231230Z JUN 06
FM AMEMBASSY BEIRUT
TO RUEHC/SECSTATE WASHDC PRIORITY 4243
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHMFISS/COMSOCCENT MACDILL AFB FL
RHEHNSC/NSC WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 BEIRUT 002092 

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/WERNER/SINGH
LONDON FOR TSOU
PARIS FOR ZEYA

E.O. 12958: DECL: 06/22/2016
TAGS: PREL PTER KDEM KCRM MARR EAID KMPI LE
SUBJECT: MGLE01: MINISTRY OF JUSTICE "FULL STEAM AHEAD" ON
UNIIIC TRIBUNAL AND JUDICIAL REFORM


Classified By: Ambassador Jeffrey D. Feltman. Reasons 1.4 (b) and (d).

SUMMARY
-------

C O N F I D E N T I A L SECTION 01 OF 03 BEIRUT 002092

SIPDIS

SIPDIS

NSC FOR ABRAMS/DORAN/WERNER/SINGH
LONDON FOR TSOU
PARIS FOR ZEYA

E.O. 12958: DECL: 06/22/2016
TAGS: PREL PTER KDEM KCRM MARR EAID KMPI LE
SUBJECT: MGLE01: MINISTRY OF JUSTICE "FULL STEAM AHEAD" ON
UNIIIC TRIBUNAL AND JUDICIAL REFORM


Classified By: Ambassador Jeffrey D. Feltman. Reasons 1.4 (b) and (d).

SUMMARY
--------------


1. (C) In a 6/22 meeting, Minister of Justice Rizk confirmed
that senior Lebanese judges Choucri Sader and Ralph Riachy
will travel to The Hague on July 4 to make progress on a
draft agreement with the UN on establishing a special
tribunal with international character for the Hariri
assassination. Rizk claimed that UNIIIC Commissioner Serge
Brammertz may have enough evidence to initiate formal
prosecution proceedings within six months, and that Brammertz
may assume the role of prosecutor himself. Rizk eagerly
received the text of a draft Article 98 (non-surrender)
agreement from the Ambassador, and said he would push for its
ratification in Lebanon by portraying an Article 98 agreement
as an essential step in achieving full implementation of the
Treaty of Rome. Finally, Rizk agreed with the Ambassador and
USAID Mission Director to aggressively move ahead on the
implementation of a USG-sponsored program to promote judicial
reform and rule of law in Lebanon. Rizk stressed that recent
appointments to the Higher Judicial Council, which finally
restored the Council to its full compliment of 10 justices
after months of political deadlock, have opened the door to
reform wide open, and presented him with opportunities for
judicial and political reform that he intends to exploit to
their fullest. Rizk said that he wants to start by reforming
the Judicial Training Center and centralizing the MOJ's
records. End summary.

PROGRESS ON THE SPECIAL TRIBUNAL
--------------


2. (C) On 6/22, the Ambassador, USAID Mission Director, and
emboff called on Minister of Justice Charles Rizk in his
office at the Palace of Justice. Senior justice and recent
appointee to the Higher Judicial Council, Choucri Sader, was

also present. Rizk said that the visit of Sader and fellow
justice Ralph Riachy to discuss the international tribunal
with UN Legal Advisor Nicholas Michel in New York last month
was very productive. He gave the Ambassador a copy of the MOJ
brief covering these meetings. (NOTE: Post is currently
translating these documents. End note.)


3. (C) Rizk told the Ambassador that, on July 4, Sader and
Riachy will travel to The Hague in order to meet again with
representatives from the office of the UN Legal Advisor. The
purpose of this meeting, according to Rizk, will be for Sader
and Riachy to prepare with the New York officials (to include
Mark Quarterman, Sader said) a draft agreement for the
establishment of an "special tribunal of international
character" in consultation with legal experts from "The
Hague" (comment: presumably he meant the International
Criminal Court) and the UN. The UN will actually draft the
agreement, Rizk explained, in consultation with Lebanese and
international legal experts, after which Sader and Riachy
will bring the agreement back to Lebanon for review. Rizk
described the GOL's cooperation with the UN on this issue as
"groundbreaking," explaining that the special tribunal could
serve as a model for prosecuting other cases involving
international terrorism.


4. (C) Rizk explained that the process for drafting the
agreement at The Hague, with the assistance of Lebanese and
international legal experts, would allow them to tailor-craft
an agreement specifically suited for Lebanon's needs in the
tribunal. For example, the Lebanese would install a
prosecutor general, a position usually found in Anglo-Saxon
legal codes, while maintaining the ability to try suspects in
absentia, a common feature in Napoleonic legal systems. As
such, the tribunal's composition would be based on what Rizk
referred to as the "Sierra Leone," model, although he said
that in this case, they would be sure to "Lebanize" the
agreement to make sure it was not only legally solid, but
also politically feasible. This, according to Rizk, would be
the only way to ensure that the agreement on the tribunal
would pass ratification in Lebanon's Council of Ministers and
Parliament.


5. (C) Rizk did mention, however, that UNIIIC Commissioner
Serge Brammertz is opposed to the idea of trying suspects in
absentia, as he believes that doing so would lessen the
weight of any convictions in the eyes of the international

BEIRUT 00002092 002 OF 003


community. The Ambassador suggested that merely indicting
suspects in absentia, if necessary, could actually benefit
the prosecution by alerting national and international law
enforcement agencies to a suspect's profile, raising the
likelihood of their apprehension and the very prominence of
the case itself.

EXPANDING THE INVESTIGATION;
SELECTING A PROSECUTOR
--------------


6. (C) Sader pointed out that the Lebanese would also draft
the agreement to allow for the possibility of trying 14 cases
of bombings, assassinations, and assassination attempts --
which may be related to the Hariri assassination, and
Lebanese investigations of which the UNIIIC is mandated to
assist -- in the special tribunal. Ideally, as long as the
prosecution could demonstrate that any or all of these 14
cases are materially related to the Hariri assassination,
they could be tried in the tribunal. He said that the cases
would first go to a Lebanese prosecutor, who would have the
option of referring the case to the international tribunal if
he believed the case was linked in any way to the Hariri
assassination.


7. (C) To this, Rizk referred back to his recent
conversation with Brammertz, and said that Brammertz
suspected a connection between Hariri's assassination and the
collapse of Bank Al Madinah. Brammertz told Rizk that he did
not have sufficient resources to fully investigate this link,
but Rizk said he thought Brammertz was being coy about the
depth or importance of this connection. Rizk also noted that
Brammertz said he hoped to have sufficient evidence to start
the prosecution phase of the trial by December 2006, and he
recommended that the GOL refrain from appointing a prosecutor
before this time, as doing so would only slow down the
investigation. Rizk also thought that Brammertz was
suggesting that he would like to assume the role of
prosecutor himself, based on Brammertz's previous statements
that he may step down as Commissioner in six months.

ARTICLE 98
--------------


8. (C) The Ambassador noted with concern several recent
press statements that suggest that Lebanon is reconsidering
its previous refusal to join the International Criminal
Court. The Ambassador raised the issue of a bilateral
U.S.-Lebanese non-surrender agreement under Article 98 of the
Treaty of Rome, and told Rizk that a joint agreement would
help ensure continued U.S. security assistance. Rizk,
looking at the draft, said he would have "no problem"
obtaining a GOL signature on the agreement, and said he would
push for a Lebanese signature by portraying an Article 98
agreement with the United States as a step towards full
implementation of the Treaty of Rome.

JUDICIAL REFORM: U.S ASSISTANCE TO PROMOTE
RULE OF LAW AND AN INDEPENDENT JUDICIARY
--------------


9. (C) When the Ambassador congratulated Minister Rizk for
securing his appointments to the Higher Judicial Council, and
Judge Sader for his selection for the Council itself, Rizk
responded that he had now opened the doors to begin promoting
an aggressive program for judicial reform. The political
deadlock over Council appointments had made an progress on
reform initiatives impossible, but with the Council now in
place and functional, Rizk said he wants to move forward on
reform efforts. "Our judiciary must be independent from the
executive and legislative branches of government," Rizk said,
"but it must be answerable to the people of Lebanon."


10. (C) Noting that the judicial appointments provides new
opportunities for cooperation and assistance, USAID Mission
Director told Rizk that USAID has completed a rule of law
assessment for Lebanon. The USG now has suggestions on how
to proceed with a U.S. program supporting judicial
independence, judicial reform and rule of law. Rizk strongly
supported the idea, and after some discussion asked to focus
U.S. program assistance on enhancing judicial independence
through improving court efficiency and transparency, as well
as public outreach to improve respect for rule of law and
judicial accountability. Rizk specifically asked to focus on

BEIRUT 00002092 003 OF 003


improving the curriculum for the Judicial Training Institute,
and for help in creating a centralized database to improve
access to legal decisions and administrative records.


11. (C) USAID Mission Director said that he would begin the
process of soliciting proposals to work on these issues, and
that he would would push in hopes of starting assistance
programs in as little as three months. Rizk was visibly
pleased at this news, and said he would provide whatever
assistance he could to help move the process along, adding
that he hoped this would be the beginning of long-term
cooperation between the United States and Lebanon to improve
rule of law and judicial independence. The Ambassador and
USAID Mission Director confirmed that this is a high-level
priority for the Embassy, and that we looked forward to
establishing a long term, comprehensive program. Following
the meeting, Minister Rizk and the Ambassador made a joint
press statement, announcing a commitment to work together to
promote an independent judiciary and rule of law in Lebanon.
FELTMAN