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Hariri attack: convicted defendant cannot appeal unless he goes to justice

2021-04-06T16:13:41.597Z


The Special Tribunal for Lebanon (STL) announced Tuesday, April 6 that a suspected member of Hezbollah, found guilty of the 2005 assassination of ex-Lebanese prime minister Rafic Hariri, does not have the right to appeal unless he surrenders to justice. Read also: Hariri attack: the prosecution appealed against the judgment of the STL Salim Ayyash, 57, was tried last year in absentia and sentenc


The Special Tribunal for Lebanon (STL) announced Tuesday, April 6 that a suspected member of Hezbollah, found guilty of the 2005 assassination of ex-Lebanese prime minister Rafic Hariri, does not have the right to appeal unless he surrenders to justice.

Read also: Hariri attack: the prosecution appealed against the judgment of the STL

Salim Ayyash, 57, was tried last year in absentia and sentenced at first instance to life imprisonment, notably for "

intentional homicide

".

The other three accused in the case were acquitted.

Salim Ayyash's defense challenged the judgment in January and asked the STL, which sits in the Netherlands, "

that all his convictions be quashed

."

The appeals chamber of the court, however, "

concluded by a majority

" that the defense of Salim Ayyash, "

convicted by default, did not have the right to appeal

," the STL said in a statement on Tuesday.

The legal framework for default trials before the STL does not provide for the possibility for the defense to appeal a default judgment

,” the court explained.

Salim Ayyash's lawyers "

were neither appointed nor accepted

" by the latter, "

who is on the run and has not been found

" despite the international arrest warrant he is the subject of, said the STL .

Read also: Death of Rafic Hariri: a suspected member of Hezbollah sentenced to life

However, he has the right to appeal or to request a retrial if he presents himself, said the tribunal, set up after a resolution of the UN Security Council.

The appeal trial will now only concern the prosecution's appeal against the acquittal of the other three suspects, also tried in their absence.

Former Lebanese Prime Minister Rafic Hariri was killed in 2005 when a suicide bomber blew up a van full of explosives as his armored convoy passed Beirut, killing 21 others and injuring 226.

Salim Ayyash also faces a trial before the STL for three separate attacks on politicians in Lebanon, which is scheduled to open in June.

Source: lefigaro

All news articles on 2021-04-06

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