Identifier
Created
Classification
Origin
09BEIRUT101
2009-01-26 17:06:00
CONFIDENTIAL
Embassy Beirut
Cable title:  

LEBANON: JUSTICE MINISTER CONFIDENT SPECIAL

Tags:  PREL PGOV PTER PINR UNSC KCRM KJUS KTIP SOCI 
pdf how-to read a cable
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DE RUEHLB #0101/01 0261706
ZNY CCCCC ZZH
P 261706Z JAN 09
FM AMEMBASSY BEIRUT
TO RUEHC/SECSTATE WASHDC PRIORITY 4059
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 3378
RUEHNO/USMISSION USNATO 3585
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC
C O N F I D E N T I A L SECTION 01 OF 03 BEIRUT 000101 

SIPDIS

DEPT FOR NEA/FO, NEA/ELA
ALSO FOR IO/PDAS WARLICK
P FOR DRUSSELL AND RRANGASWAMY
USUN FOR WOLFF/GERMAIN/SCHEDLBAUER
NSC FOR MCDERMOTT

E.O. 12958: DECL: 01/25/2019
TAGS: PREL PGOV PTER PINR UNSC KCRM KJUS KTIP SOCI
LE, SY
SUBJECT: LEBANON: JUSTICE MINISTER CONFIDENT SPECIAL
TRIBUNAL IS ON TRACK

REF: 2008 BEIRUT 1520

Classified By: Ambassador Michele J. Sison for reasons 1.4 (b) and (d).

SUMMARY
--------

C O N F I D E N T I A L SECTION 01 OF 03 BEIRUT 000101

SIPDIS

DEPT FOR NEA/FO, NEA/ELA
ALSO FOR IO/PDAS WARLICK
P FOR DRUSSELL AND RRANGASWAMY
USUN FOR WOLFF/GERMAIN/SCHEDLBAUER
NSC FOR MCDERMOTT

E.O. 12958: DECL: 01/25/2019
TAGS: PREL PGOV PTER PINR UNSC KCRM KJUS KTIP SOCI
LE, SY
SUBJECT: LEBANON: JUSTICE MINISTER CONFIDENT SPECIAL
TRIBUNAL IS ON TRACK

REF: 2008 BEIRUT 1520

Classified By: Ambassador Michele J. Sison for reasons 1.4 (b) and (d).

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


1. (C) Justice Minister Ibrahim Najjar informed the
Ambassador that he expected the four Lebanese judges on the
Special Tribunal for Lebanon (STL) to spend approximately two
weeks in The Hague in March to approve the procedural code
for the Tribunal. He also believed the four generals,
currently detained in a Lebanese prison for alleged
involvement in former Prime Minister Rafiq Hariri's
assassination, would be transferred to the STL. He expected
appointments of new trial judges in Lebanon to occur in the
next ten days. However, it was unlikely the appointment of
the Head of Judicial Inspections would happen anytime soon,
due to personal disagreements and broader Sunni-Shia
antagonism, he said. Najjar was receptive to receiving U.S.
assistance to implement Lebanon's trafficking in persons
draft law. On Lebanon's June parliamentary elections, Najjar
believed opposition leader Michel Aoun would be under
pressure and forced to change his strategy if President
Sleiman decided to back independent candidates. End summary.

STL JUDGES TO THE HAGUE, FOLLOWED
BY FILES AND DETAINEES
--------------


2. (C) Still convalescing from his December 10 automobile
accident, Justice Minister Ibrahim Najjar informed the
Ambassador January 23 that he expected the four Lebanese
judges selected to serve on the Special Tribunal for Lebanon
(STL) to go to The Hague March 9-20 to finalize procedural
preparations started in October 2008, including provisions
applied to protection, witnesses, evidence submission,
rebuttals, languages to be used, and translation. The first

official act of the STL will be to convene a plenary session
where the judges approve these procedural guidelines.


3. (C) Najjar clarified that his involvement with the STL
only extended to ensuring that Judge Saiid Mirza, the GOL
Public Prosecutor, as well as the Lebanese judges appointed
to the STL were given the independence to do their jobs
without interference from the Ministry or anyone else. He
added that he expected the four generals currently held in
custody in connection with the assassination of former PM
Rafiq Hariri, as well as several other detainees and their
accompanying files, to transfer to the STL soon after it
commences its work.



4. (C) Responding to the Ambassador's query about the status
of appointments for trial judges, Najjar said he expected to
sign the appointments within the next ten days or so. Trial
judges, Najjar affirmed, did not require cabinet approval,
and he did not anticipate rejecting the nominations of the
names submitted. However, the appointment to head the
Judicial Inspection unit remained "deadlocked," he said.
Explaining that the problem with the judicial inspections
nomination was a personal problem between Prime Minister
Fouad Siniora and Speaker of Parliament Nabih Berri, Najjar
did not expect the two to reach agreement on a suitable
candidate anytime soon. Najjar continued that Berri would
never allow Siniora to be perceived as more powerful, and
vice versa.


5. (C) Najjar characterized this dispute as but a small
example of a larger problem of "Sunni-Shia antagonism" in
Lebanon and the region. To illustrate his point, Najjar
called recent overtures by Saudi Arabia to reconcile with
Syria as nothing but a "soap opera" that allowed the Syrians
to gain time. In a veiled suggestion to the new U.S.
administration, Najjar claimed, "Never trust the
Syrians...never. You should count your fingers after you
salute them."


BEIRUT 00000101 002 OF 003


NAJJAR INTERESTED IN U.S. ASSISTANCE
FOR TRAFFICKING IN PERSONS LAW
--------------


6. (C) Turning to the issue of progress on Lebanon's draft
trafficking in persons (TIP) law, the Ambassador urged the
Minister to press for quick passage of the final law. The
Minister agreed the law was important, but its passage and
implementation needed to be completed in a "codified" manner.
He believed that after the nominations of the trial judges
were completed, the newly appointed judges should take up
serious work on the TIP law. The Ambassador offered
additional U.S. assistance in combatting trafficking in
persons, if requested. Najjar responded positively and
requested a subsequent meeting specifically to discuss TIP
issues.

NAJJAR: PRESSURE ON AOUN TO ADJUST STRATEGY
--------------


7. (C) On Lebanon's June parliamentary elections, Najjar, a
March 14 minister, assessed that opposition leader Michel
Aoun would be forced to adjust his electoral strategy if
President Sleiman chose to back specific independent
candidates or created his own bloc. Najjar claimed that
Sleiman would not oppose any strategy that would help him,
especially if it pulled support away from Aoun, saying
Sleiman "heartfully hates Aoun." Najjar believed that
independent Christians like Mansour Ilbon and Neemat Frem
could challenge Aoun's popularity in the district of Kesrwan;
while in the Metn, if Greek Orthodox MP Michel Murr's allies
with March 14, as he has signaled he will, that could add
pressure on Aoun.

JUDICIAL SECTOR ASSISTANCE
--------------


8. (C) The Ambassador highlighted USG support for the
judiciary, an important state institution, equal in
importance to the Lebanese Armed Forces and the Internal
Security Forces. Ongoing USAID assistance to the judiciary
includes efforts to increase the effectiveness and
independence of the Lebanese judicial system with better
educated judges, more efficient and transparent courts and
legal processes, and reduced backlogs. The Ambassador sought
a guarantee from Najjar that the USAID-financed renovation of
the Judicial Training Institute would remain in its current
location and become the dedicated space for all judicial
training programs. Najjar said he agreed "100 percent," and
said it was the GOL's responsibility to be faithful to its
partnership with the U.S. If the U.S. had concerns about the
training institute, Najjar advised that we submit a formal
letter seeking a guarantee, which he promised to sign.


COMMENT
--------------


9. (C) The well-respected Najjar appears an earnest
interlocutor where matters of the Ministry are concerned. We
will follow-up with Najjar on his assurances regarding the
location and use of the Judicial Training Institute and his
interest in TIP law. We are encouraged to hear the
appointments of the trial judges are imminent. However, the
antagonism between Berri and Siniora makes resolution of the
appointment of the Head of Judicial Inspections unlikely in
the near term. Political differences are also holding up the
remaining five appointments to the Constitutional Council,
Lebanon's highest court, which has suffered a judicial vacuum
since 2005 (reftel).


10. (C) On the Tribunal, several of our March 14 contacts,
including Saad Hariri, believe the UN International
Independent Investigation Commission (UNIIIC) will request
the transfer of the four generals to the STL. If UNIIIC does
not do so, we expect mounting pressure on the Lebanese
authorities to release the generals from custody. End
comment.

BEIRUT 00000101 003 OF 003


SISON