LEBANON: JUSTICE MINISTER TELLS WELCH BELLEMARE

C O N F I D E N T I A L SECTION 01 OF 04 BEIRUT 000547 SIPDIS SIPDIS DEPT FOR NEA/FO, NEA/ELA, NEA/IPA, PRM/FO, AND PM/FO NSC FOR ABRAMS/SINGH/YERGER TREASURY FOR U/S LEVEY DEPT PASS TO EU MEMBER STATES COLLECTIVE E.O. 12958: DECL: 04/20/2018 TAGS: PGOV PHUM PINR KJUS MASS IR AR SY IS LE SUBJECT: LEBANON: JUSTICE MINISTER TELLS WELCH BELLEMARE MUST DON PROSECUTOR HAT SOONEST BEIRUT 00000547 001.2 OF 004 Classified By: CDA Michele J. Sison for reasons section 1.4 (b) and (d). SUMMARY -------------- ¶1. (C) Justice Minister Charles Rizk told visiting NEA Assistant David Welch on April 18 that the judiciary, unlike the other branches of the Lebanese government, was still functioning, and that the creation of the Special Tribunal had played a significant role. However, the Tribunal needed to start as soon as possible to maintain the momentum and counter public perceptions that the extension of UNIIIC's mandate signaled that UNIIIC did not have a case. At the same time, UNIIIC Commissioner Bellemare needed to assume his prosecutorial role as soon as possible, Rizk argued. He shared a draft letter he had prepared asking PM Siniora to ask the UN to "dual-hat" Bellemare. Rizk also expressed grave concern about mounting pressures to release the four jailed generals, calling for UNIIIC to publicly reaffirm its support for their continued detainment. End summary. ¶2. (C) NEA A/S David Welch, accompanied by Charge, NEA Staff Assistant, and Pol/Econ Chief, met with Justice Minister Charles Rizk at his office in the Ministry of Justice on April 18. President of the Higher Council for Justice Antoine Kheir, President of the Court of Cassation Ralph Riachy, and Director General of the Ministry of Justice Omar Natour also attended the meeting. GOVERNMENT INSTITUTIONS PARALYZED, JUDICIARY FIGHTING FOR INDEPENDENCE -------------- ¶3. (C) Lebanon is paralyzed at the institutional level, Rizk began, with the opposition blocking all three branches of government to one degree or another. Parliament remains closed, there is no president, and the cabinet is only functioning partially. The Ministry of Justice is part of the separation of powers, he said, and he was trying to distance it from the crises afflicting the other branches, despite the opposition's attempts to paralyze the judiciary as well. He praised PM Siniora's support for the judiciary's independence. ¶4. (C) A/S Welch reiterated U.S. support for the immediate election of a president as the first step in addressing Lebanon's political crisis, stressing that the U.S. did not accept the status quo. However, government institutions need to function in the interim, and the GOL needed international support in this regard. A/S Welch, noting bipartisan U.S. support, said the U.S. would continue to support the GOL, including increasing assistance to the military and the judiciary. UNIIIC COMMISSIONER MUST ASSUME ROLE AS PROSECUTOR -------------- ¶5. (C) Continuing, Rizk said that whereas before the air at the Ministry of Justice was "not breathable," the atmosphere within the judiciary branch was better now, because the GOL had "opened the windows to international cooperation" via the Special Tribunal. UNIIIC was doing a good job, he admitted, and he was encouraged by the last UNSC report. Now, however, UNIIIC is in its third year and it is time to move "full steam ahead," he stressed, so that public opinion sees the "inexorable progression of the engine." To avoid losing steam, Rizk planned to ask PM Siniora to send a letter to the UN Secretary General urging that Bellemare start his duties as prosecutor on June 15, in addition to the extension of UNIIIC's mandate (text of draft letter follows in paragraph 10, below). ¶6. (C) UNIIIC Commissioner Daniel Bellemare, as the Prosecutor-Designate, was by definition different than his predecessors, Rizk argued, and it was time for him to assume his role as prosecutor. He had discussed this with both Bellemare and PM Siniora, stressing three points. First, after three years it should be made clear that UNIIIC has all BEIRUT 00000547 002.2 OF 004 means at its disposal. Second, the Special Tribunal is the only international tribunal to have an investigatory commission first; in all other cases the prosecutor led the investigation from the start. Finally, there was the question of public perception: any extension would be interpreted as procrastination and would increase public pressure on the GOL to act. ¶7. (C) A/S Welch said the U.S. supported an extension of UNIIIC's mandate, especially because of its Chapter 7 authority, which gave the investigation an "ominous" aspect. However, an extension of UNIIIC's mandate did not mean things were not moving forward on the Tribunal; on the contrary, the administrative and financial pieces were in place, the investigations were making progress, and the process of establishing the Special Tribunal was irreversible. The important thing now was to change public perception by stressing these positive developments. CONCERNED ABOUT FOUR GENERALS -------------- ¶8. (C) Rizk warned about increasing pressure on the GOL to release the four generals detained in connection with the Hariri assassination. The GOL had arrested the generals based on the recommendation of then UNIIIC Commissioner Mehlis, Rizk recalled, adding that he had recently telephoned Mehlis, who told him he would not have done so without credible evidence. But both of Mehlis' successors, Serge Brammertz and now Bellemare, have indicated they do not yet have a case, Rizk continued, which means either they don't have a case and never will, or they will have one eventually. If it is the former, the generals' lawyers would use this to call for their clients release. The GOL does not have access to UNIIIC's files, he said, so we need UNIIIC's reaffirmation that the generals should continue to be detained. Bellemare's recent statement to the UN Security Council that their arrest was under the jurisdiction of the Lebanese judges hurt us, he said, and allowed those calling for the generals' release to exploit the issue. ¶9. (C) A/S Welch, referencing his recent meeting with Bellemare in Washington, said his sense was that Bellemare would be able to make a case, though he was not there yet. The facts will lead where they lead, he said, but the U.S. needed to avoid appearances of politicizing the issue. Meanwhile the U.S. was looking at ways to meet UNIIIC's increasing requests for assistance to help create a sense of both energy and threat for the culprits, and reassured Bellemare that the U.S. would do everything in its power to ensure the prosecutor's success. Rizk expressed his appreciation for U.S. support for the Tribunal, noting both the political and psychological impact of Washington's willingness to triple its financial contribution. ¶10. (SBU) Text of Rizk's letter to PM Siniora: REPUBLIC OF LEBANON Ministry Of Justice Beirut April 18, 2008 Mr. Prime Minister, The mandate of the United Nations International Independent Investigation Commission (UNIIIC) expires on June 15,2008. On this occasion, I would like to present you with the following:. . 1- Pursuant to UNSC Resolution 1595, dated April 7, 2005, the Security Council established an International Independent Investigation Commission (UNIIIC) to assist the Lebanese authorities in investigating the terrorist bombing of February 14, 2005 in Beirut that resulted in the assassination of former Prime Minister Rafiq Hariri and others. This step was considered necessary as investigation of .the crime was regarded as BEIRUT 00000547 003.2 OF 004 beyond the capacity of the relevant Lebanese authorities, therefore requiring the assistance of the international community. 2- In light of the UN resolution and based on the results of the UNIIIC investigation at the time, on August 30, 2005 the UNIIIC commissioner, German judge Detlev Mehlis, recommended to the Lebanese judiciary the arrest of four senior officers: Gen. Jamil al-Sayyed, Gen. Ali al-Hajj, Gen. Raymond Azar, and Gen. Mustapha Hamdan. This was implemented on the orders of the Lebanese investigative judge in agreement with the prosecutor of the Court of Cassation. 3-UNIIIC continues to pursue its work, three years after its mandate .was extended according to UNSC Resolutions 1636, 1644, 1664, and 1748. Belgian judge Serge Brammertz replaced Judge Mehlis on January 11, 2006. In a meeting with him, also attended by the Chairman of the Lebanese Supreme Judicial Council Antoine Kheir, and Prosecutor of the Court of Cassation Saeed Mirza, I asked Judge Brammertz whether he maintained the UNIIIC recommendation to arrest the four generals, or whether he canceled it. Judge Brammertz answered that he did not cancel the recommendation, so the generals remained under arrest. 4- On May 30, 2007, the UN Security Council issued Resolution 1757, establishing, under Chapter VII of the UN Charter, a special tribunal for Lebanon to prosecute those responsible for the February 14, 2005 attack. The decision to resort to Chapter VII was the result of obstacles from within Lebanon to creating the tribunal through a Lebanese process. The UN decision again confirmed that international collaboration was required to assist the Lebanese judiciary not only at the level of the investigation, but also in preparation for a trial, and it was based on the. same rationale that the UN had earlier applied to provide .international assistance to investigate the Hariri assassination. 5- On November 14, 2007, the United Nations Secretary General appointed Canadian Judge Daniel Bellemare as International Prosecutor and charged him to preside over the UNIIIC, until the time he effectively takes over as the prosecutor. Judge Brammertz, meanwhile, moved to a new assignment at the International Criminal Tribunal for the Former Yugoslavia. 6-On March 12,2008, the UN Secretary General confirmed in his second report on UNSC Resolution 1757 that "the start-up phase has now commenced. Work on the preparation of the premises and 011 the organization of a coordinated transition between the Independent Commission and the Tribunal is being conducted." (Par. 3 1 & 37.) 7-In anticipation for the June 15, 2008 deadline for UNIIIC's mandate, I held a meeting with Judge Bellemare on March 20, 2Q08, during which the latter asked that the Lebanese government request from the Security Council a new extension to the commission's mandate. I answered that the legal position of Judge Bellemare was radically different from that of Judge Brammertz, because of the temporary nature of his function as UNIIIC commissioner while waiting to begin his duties as general prosecutor of the special tribunal, whose accelerating establishment had been mentioned by the UN Secretary General in his report of March 12. I emphasized to judge Bellemare that while Lebanon understood his need to benefit from UNIIIC pending the BEIRUT 00000547 004.2 OF 004 establishment of the general prosecutor's office, likewise Lebanon expected from Judge Bellemare that he be aware of the urgency to take over as general prosecutor of the special tribunal. I also reminded Judge Bellemare that the special tribunal for Lebanon was unique among international tribunals, because it was preceded by a UN-mandated investigative commission, while other international tribunals did not enjoy such a privilege as their prosecutors conducted investigations and gathered evidence themselves. I therefore recommend that the Lebanese government: ¶A. Request that the UN Secretary General formally ask Judge Bellemare to take charge as general prosecutor beginning on June 15,2008. ¶B. Request that the UN Security Council extend UNIIIC's mandate to assist General Prosecutor Bellemare until the time the General Prosecutor's Office is established. I ask you to include this recommendation on the agenda of the Council of Ministers for approval. Charles Rizk Minister of Justice End text. ¶11. (U) A/S Welch has not had the opportunity to clear this cable. SISON