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Fransen Opens Hearing Looking into Maj. Gen. Sayyed’s Demands for Evidences of his Arrest, False Witnesses Issue

Fransen Opens Hearing Looking into Maj. Gen. Sayyed’s Demands for Evidences of his Arrest, False Witnesses Issue
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The public hearing looking into Major General Jamil Sayyed's demand to see the evidence that led to his arrest for nearly four years, for the charge of being a suspect in former PM Rafik Hariri's assassination case, took part today, Friday, in The Hague.

Pre-Trial Judge Daniel Fransen launched the hearing, saying that he chose for this public hearing to be held for what presents the best for the justice.

Francine said that he does not expect to be presented with relevant document that would be examined during this hearing.

The Pre-Trial Judge said that his question enrolled in his hearing aimed at gathering notes to know whether requested documents could be handed to Jamil Sayyed after going through each document alone.

"In 17 September 2010, I made a decision in which I considered the tribunal specialized with Jamil Sayyed's request, and that he has the whole right to prosecution before the tribunal",
Francine said.

On his part, Jamil Sayyed's Attorney Akram Azzouri said, "We see procedural maneuvers that aim at procrastination". He also added that the behavior witnessed before Sayyed's demands was based on hiding facts.

Furthermore, Attorney Azzouri affirmed, "Every general prosecutor well-informed about the crimes and hides evidence is accused of hiding facts, and therefore must justify these violations".

Attorney Azzouri wondered whether the procrastination policy of the general prosecutor serves the public interest or not, further wondering about takes responsibility of losing the time in this issue.

"The question is that if this stalling results the tribunal to issue a decision in our favor, then would we be able to raise the case in other trials?" Azzouri wondered.

"A request for a secret hearing could have been organized before this hearing", Attorney Azzouri referred. He also added, "It has been 5 years and we see the General Prosecutor avoiding answering your questions and whether these evidences are relevant to what I requested".

Furthermore, Akram Azzouri pointed out that evidences that reveal the slander were purchased since the late 2005.

On the level of Syrian Judiciary's issuance of the arrest warrants in the issue of false witnesses, Attorney Azzouri said that the investigation judge in Damascus reported the case to the Lebanese authorities, which on their part refused to commit to these measures.

Azzouri stated therefore, the Syrian Judiciary attempted to issue the absentia arrest warrants.

On his behalf, Major General Jamil Sayyed defended his case, and in reference to the false witnesses' issue, he said that General Prosecutor Bellemare has been postponing discussing this issue without any reason to prevent him [Sayyed] from practicing him legal rights.

"The false witnesses' crime occurred in the framework of the international investigation in Rafiq Hariri's assassination", Jamil Sayyed stressed.

Furthermore, Sayyed referred that the Lebanese Minister of Justice and the Lebanese Judiciary do not want to open a discussion in the false witnesses' issue, also adding that till now, Bellemare is still stalling any discussion.

Jamil Sayyed referred to the Special Tribunal for Lebanon, saying that with is came the false witnesses file.

"This tribunal is a tool for the international justice and was a result of a Security Council resolution, which states that the tribunal should implement highest standards of international justice. Where is this justice?" Sayyed wondered.

"My insistence on purchasing these evidences is to request to speed up discussing this issue [false witnesses], because stalling will result in different repercussions that the tribunal will not be capable of handling." Maj. Gen. Sayyed said.

In this context, Jamil Sayyed referred that if the sides responsible were prosecuted, then what occurred with the international investigation committee will not be repeated.

On behalf of the Special Tribunal for Lebanon's General Prosecutor Daniel Bellemare, his office stated that Jamil Sayyed has no right to be handed his requested documents.

Bellemare's office pointed out that Jamil Sayyed's problem with his request lies in that they [Bellemare's office], haven't received any information regarding the national court, which Jamil Sayyed would refer to in order to pursue those responsible of false testimonies.

"Jamil Sayyed did not reveal his intention for purchasing these evidences, and what are the national courts he would refer to", the office's spokesperson referred.

Bellemare's office believed that if they had to give out any information, then they would have to reveal the content of investigations.

"Revealing the content of the information exchanged between the Lebanese authorities and the investigators, at a time when investigation are still ongoing, might lead to loosing mutual trust between the General Prosecutor and the Tribunal", Bellemare's office stated.

"This could jeopardize the security of the witnesses", Bellemare's office's spokesperson claimed.

After Bellemare's office's statement, Attorney Azzouri affirmed that Bellemare's office did not answer any of the questions asked, and requested from Judge Francine to adopt appropriate measures in this level.

He also wondered, "Why does the General Prosecutor insist on not using the term False Witnesses?"

Azzouri, on another level, pointed out that the UN, as a friend of the Special Tribunal, does not possess any of the documents and evidences requested by the Maj. Gen Sayyed.

On the level of Jamil Sayyed's arrest, Azzouri stated that the arrest was arbitrary, because General Sayyed did not know who implicated him in this issue.

At the end of the hearing, Attorney Azzouri addressed Judge Francine saying, "If you decided to hand the documents to me, then I will immediately refer them to the National Lebanese Courts".

The hearing was closed with two contradicting requests; one asking for evidences, and the other refusing those evidences to be handed out.

Judge Daniel Fransen announced by the end of the hearing that he will examine all requests of today's hearings, and will adopt appropriate action.

Jamil Sayyed's request aims at gathering evidences in order to investigate in the issue of false witnesses, and prosecute those who fabricated them.

On the other hand, the Special Tribunal represents another obstacle in front of achieving justice; contrary to its supposed duty.

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