Monday 11 October 2010

Najjar’s Report: Judiciary Has Power over False Witnesses Issue - Berri Prefers Justice Council to Handle False Witnesses

Berri Prefers Justice Council to Handle False Witnesses

11/10/2010 Justice Minister Ibrahim Najjar has sent a copy of his report on the false witnesses to Parliament Speaker Nabih Berri.

Berri insisted that the Justice Council take action regarding false witnesses since the Council has jurisdiction to look into issues that stir tensions and agitate national divisions.

Najjar, in his report, said the Council lacks authority to look into the issue since its role "is restricted to crimes committed against state security, spying activities, murders that relate to international law and undermining the state's authority." Najjar did not rule out the likelihood that judicial authorities, besides the Justice Council, could investigate the case of false witnesses.

When asked whether he was coordinating with Opposition Cabinet ministers regarding referring the case to the Justice Council, Berri told An-Nahar newspaper in remarks published Monday: "This issue is left for Cabinet. I said what I had to say."

On his opinion about a Government change and calls for Prime Minister Saad Hariri's resignation, Berri said: "It is possible to change a hundred governments, but for my part, I can only Premier Hariri as prime minister for several considerations."

Ministers of the Amal Movement will on Tuesday back Berri’s position to transfer the file to the Justice council, As-Safir said, quoting the speaker as saying that the cabinet must tackle the issue of “false witnesses” as soon as possible.

"My wish is to learn everything about the false witnesses because the delay will lead to the devastation of the country," Berri said earlier in remarks published Sunday.



10/10/2010 Finally, the report of Lebanese Justice Minister Ibrahim Najjar over the false witnesses issue was released on Saturday and submitted to cabinet ministers ahead of a tense discussion expected on Tuesday…

Najjar was delegated by the cabinet on August 18 to follow up on the issue of witnesses who gave false testimonies in the investigation of the 2005 assassination of former Prime Minister Rafiq Hariri.

Last Wednesday, opposition ministers insisted the issue should be given absolute priority as Speaker Nabih Berri said that the Development and Liberation bloc ministers will not attend a future cabinet session unless it is devoted to discussing and finalizing the issue of false witnesses.

Hezbollah Secretary General Sayyed Hasan Nasrallah also said on Saturday that Tuesday’s cabinet session should be decisive over this matter. “The next cabinet session on Tuesday must settle this issue for the sake of the national interest. And when the case gets referred to the judiciary, we must make sure the judiciary doesn't delay it too,” Sayyed Nasrallah emphasized.

Meanwhile, and according to press reports, the report prepared by the Justice Minister confirmed that the false witnesses issue falls within the jurisdiction of the Lebanese judiciary even though that the decision awaits a review of the International Tribunal indictment.

The report, a copy of which was handed over to the ministers on Saturday, set out principles that have been taken into account, namely:
- Separation of powers, particularly between the executive and the judiciary powers.
- The principle of independence of the judiciary as stated in the Constitution.
- Respect for international agreements (especially the agreement between Lebanon and the United Nations on the formation of a special tribunal for Lebanon).
- The principle of confidentiality of the investigation.

Najjar said that the measures, until preparation of the report, included charges against Husam Ali Mohsen, Osama Kanafani, Maj. Gen. Jamil Sayyed, Maj. Gen. Ali Hajj, Brig. Gen. Raymond Azar, Brig. Gen. Mustafa Hamdan, Mustafa Mesto, Ayman Tarabay, Majed Hasan al-Akhras, Ra'ed Mohammed Fakhreddine, Fadi Elias al-Nammar, Majed Ghassan al-Khatib, Zuheir Mohammed Siddiq, Mahmoud Amin Abdel Aal, Ahmed Amin Abdel Aal, Ibrahim Michel Jarjoura, Firas Hatoum, Abdel Azim Khayat, Mohammed Barbar, Nassim al-Masri and Khalil al-Abdullah.

In preliminary observations, the report said, Siddiq was not questioned by Lebanese judicial authorities or by the judicial police, but as a witness by the International Committee outside Lebanese territory after leaving in April 2005.

In the meantime, Lebanese daily An-Nahar quoted Special Tribunal for Lebanon Prosecutor Daniel Bellemare as saying that the false witnesses are witnesses whose credibility is in question. "False witnesses are witnesses with their credibility in question as long as there is no final Court decision yet," Bellemare reportedly said in his response to Najjar's letter.

An-Nahar said Bellemare's remarks were in response to Najjar who has forwarded a letter to Bellemare in this respect.

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