LEBANON: DETERMINED UNIIIC COMMISSIONER MAKING

S E C R E T SECTION 01 OF 02 BEIRUT 000996 SIPDIS DEPT FOR NEA/FO, NEA/ELA ALSO FOR IO A/S SILVERBERG AND PDAS WARLICK USUN FOR KHALILZAD/WOLFF/KUMAR/PHEE NSC FOR ABRAMS/SINGH/YERGER/GAVITO E.O. 12958: DECL: 07/08/2018 TAGS: KJUS PGOV PINR PREL PTER UNSC FR GB LE SUBJECT: LEBANON: DETERMINED UNIIIC COMMISSIONER MAKING PROGRESS Classified By: CDA William Grant for reasons 1.4 (b) and (d). SUMMARY -------------- ¶1. (S) UNIIIC Commissioner Daniel Bellemare told emboffs on July 9 that he sees no wavering of French support for UNIIIC and the Special Tribunal, asked for USG support in the Special Tribunal Management Committee and positive USG responses to his requests for assistance. Ever the careful prosecutor, he exuded confidence and determination, but was tight-lipped about certain subjects. ¶2. (C) Acknowledging that UNIIIC is handling cases that are currently under Lebanese jurisdiction, Bellemare lamented that he cannot trust many government officials, particularly those in the security services. He noted that the recent lawsuit filed by Saad Hariri against the four detained generals may raise questions about access to UNIIIC evidence. Bellemare plans to launch a communications campaign in the fall that will aim to entice those with knowledge about the attacks to step forward. End summary. FRENCH ARE "120 PERCENT" SUPPORTIVE -------------- ¶3. (C) The CDA, accompanied by LegAtt and PolOff, met with UNIIIC Commissioner Daniel Bellemare at the UNIIIC headquarters in Monteverde on July 9. Asked about his recent trip to Paris, Bellemare refrained from providing details, but assured the CDA that French support for UNIIIC and the Special Tribunal is unwavering, adding that he felt French officials were "120 percent" behind him. Even if it were otherwise, he said, he is moving ahead and the only entity which can stop him is the UN Security Council. ¶4. (S) France is unable to provide the kind of assistance he is getting from the U.S. DOJ and UK Scotland Yard because the most experienced French investigators are not fluent in English, he said. Instead, he continued, France will be providing other kinds of assistance. MANAGEMENT COMMITTEE MUST "GET OUT OF THE TRENCHES" -------------- ¶5. (C) Noting that he will be traveling to New York next week, July 14-16, Bellemare expressed again the concern that the Tribunal Management Committee within the UN may be too restrictive on what he will need when be becomes Tribunal prosecutor. He relayed that the committee had met the previous day, and that he found the flexibility it had shown to be more positive than prior meetings. ¶6. (C) The committee would next meet on July 21, according to Bellemare. He said there was no decision yet on staffing for the Special Tribunal, and that this concerned him. He wants some flexibility to decide on the number of positions at different ranks, so long as he stays within the overall parameters for staffing. "The committee must get out of the trenches," he complained, adding, "These matters should not hijack the entire Tribunal process". ¶7. (C) Commenting that he heard some "individuals" who might be subjects of the Tribunal have already enlisted top-notch British lawyers in anticipation of indictments, Bellemare said that this gives him all the more reason to push the Management Committee to be more flexible. "I need a dream team to counter the dream team hired by them. We are preparing for war". ¶8. (C) While in New York July 14-16, Bellemare said he hoped to meet Ambassador Khalilzad to update him on how member states' cooperation is going and to hear his assessment of the Management Committee's progress. Bellemare said it is important to have the support of Khalilzad for his efforts. APPRECIATION FOR USG ASSISTANCE -------------- ¶9. (S) Bellemare had high praise for Paul Coffey, the DOJ investigator who recently joined his staff, seconded by the USG. He told us he still needed criminal analysts. ¶10. (S) CDA asked about the status of the investigation. Bellemare confided that for certain lines of the investigation, he had reached the limit of what could be done through research and now hopes to employ wire-tapping on telephone land lines. Within Lebanon, authority for wiretapping is with the Lebanese Armed Forces G-2 (LAF military intelligence) or the Internal Security Forces (ISF), and he is concerned about leaks from both organizations. ¶11. (S) Bellemare explained that there are two phone companies, one Lebanese-owned, MTC Touch, and the other Dutch-owned, Alpha. He said some of the wire-tapping work could be done remotely, but that part of the work required physical maneuvering. He is willing to test out the wire-tapping system on less important targets, using the local company, to see if it is successful. He cautioned that his proposal was predicated on getting the legal authority from the GOL. DIFFICULTY TRUSTING LOCAL LAW ENFORCEMENT -------------- ¶12. (C) Commenting that his relationship with the Lebanese Internal Security Force (ISF) has improved over time, he reported that he meets regularly with a small group of officers. Regarding his wire-tapping proposal, he suggested that he may be able to dentify a few trusted ISF officers who could faclitate its implementation. SAAD HARIRI'S LAWSUIT MAY BE UNHELPFUL -------------- ¶13. (C) This week, Saad Hariri sued the four generals detained for alleged involvement in the assassination of his father. Bellemare noted that this lawsuit could enable Saad to access certain information to build his case. Bellemare reported that he had legal analysts looking into the Lebanese law to see what kind of information access Saad will be granted. Bellemare said he was not sure how Saad's case benefits UNIIIC's mission, stating with conviction, "If the Commission is weakened by this lawsuit, I will have to manage the situation." PLANNING TO LAUNCH COMMUNICATIONS CAMPAIGN -------------- ¶14. (C) Acknowledging that he rarely makes public statements, Bellemare said that he will have a spokesperson, the same woman who worked for Nicola Michel, Legal Advisor to the UN SYG, join him on September 1. He explained that he needed to create an environment where people in Lebanon believe they have a responsibility in this process and have trust in the Special Tribunal institution. "Some people have information and are keeping quiet," he continued, "They have to decide if they want to be part of the problem or part of the solution." He also wants to communicate that those who speak up will be protected. ¶15. (C) Addressing the complaints frequently heard in Lebanon that the Commission needs to "produce something", Bellemare said that there will not be indictments during the life of the Commission, nor on the day that the Special Tribunal commences. He spoke of the complicated nature of the investigation, stressing that he asked for an extension of the Commission's mandate specifically because there is more work to be done. Bellemare said he believes Lebanese political figures who ask for more progress are not really interested in indictments, but in having made public the names of those responsible. GRANT