Third report of the IIIC established pursuant to
Security Council resolutions 1595, 1636 and 1644
Wednesday, March 15, 2006
The Security Council requested the United Nations International Independent
Investigation Commission to report to the Council on the progress of the
inquiry, including on the cooperation received from the Syrian authorities,
every three months from the adoption of resolution 1644 (2005) 0115 December
2005.
This third report details the status and progress of the investigation into the
killing of former Lebanese Prime Minister Rafik Hariri and 22 others, and
highlights the progress made in consolidating the Commission's organizational
structure and resources in light of both its expanded and extended mandate.
The consolidation provides critical continuity to the core work of the
Commission following the appointment of the new Commissioner, and allows it to
afford necessary technical assistance to the Lebanese authorities with regard to
the investigation of the terrorist attacks perpetrated in Lebanon since 1
October 2004, as requested by the Council in resolution 1644 (2005).
In the critical area of cooperation with the Syrian Arab Republic, a common
understanding has been reached on the operational modalities in such areas as
the applicable legal framework, access to individuals, sites, and information,
and communications with the Government.
The report presents a number of conclusions in regard to the investigation of
the Hariri assassination, and the capacity of the Lebanese authorities to
conduct their investigations into presently 14 other cases of assassination
attempts, assassinations, and explosions perpetrated in Lebanon since 1 October
2004.
Contents
I. Introduction 1-12
II. Progress in the Investigation 13-48
III. Technical Assistance in 14 other
cases 50-88
IV. International Cooperation 89-102
V. Organizational Support
103-110
VI. Conclusions 111-116
I. Introduction
1. The present report is submitted pursuant to Security Council resolution 1644
(2005) of 15 December 2005, in which the Council requested the United Nations
International Independent Investigation Commission ("the Commission") to report
to the Council on the progress of the inquiry every three months, including on
the cooperation received from the authorities of the Syrian Arab Republic
("Syria").
It covers the progress made in implementing the Commission's mandate as laid out
in Security Council resolutions 1595 (2005), 1636 (2005), and 1644 (2005) since
its last report of 10 December 2005 (Sf20051775).
2.This third report details the status and progress of the investigation into
the killing of former Lebanese Prime Minister Rafik Hariri and 22 others ("the
Hariri investigation"), and highlights the progress made in consolidating the
Commission's organizational structure and resources in light of both its
expanded and extended mandate. The consolidation provides critical continuity to
the core work of the Commission, and allows it to afford necessary technical
assistance to the Lebanese authorities with regard to the investigation of the
terrorist attacks perpetrated in Lebanon since 1 October 2004, as requested by
the Council in resolution 1644 (2005).
3.The Commission's work has entered into a new phase, commensurate with the
natural progression of any criminal investigation. It is developing a deeper
understanding of the structural and political environment in which the crimes
took place, an enhanced capacity to pursue new lines of inquiry, and a
methodological approach to ascertain the reliability of information obtained,
corroborate new evidence and findings, and, where appropriate, review initial
leads and working assumptions.
4.In this phase, it remains critical for the success of the Commission's work to
ensure the application of recognized standards of international and Lebanese
law. The Commission is conscious of the fact that only a credible investigative
process will be able to assist and guide the Lebanese authorities in their own
investigations, and provide an accepted basis for the establishment of a
tribunal, possibly of an international character, as requested by the Prime
Minister of Lebanon in his letter to the Secretary General of 13 December 2005
(S/2005/783), and reflected in resolution 1644 (2005). In anticipation of the
latter, the Commission has enhanced the identification, planning, implementation
and management of various support systems commensurate with cases of this
complex nature.
5.While conscious of the high level of expectations surrounding its work, the
Commission is encouraged by the Lebanese authorities' recognition of the need
for a systematic and methodological approach to the investigation. This includes
the application of internationally accepted investigative and legal standards
and an awareness of the timescale realities required to pursue the
investigations successfully, as already concluded by the Commission in its
previous reports.
6.The investigation of the blast that killed former Prime Minister Hariri and 22
other victims has advanced further. Based on a systematic evaluation of
available but previously not tracked forensic evidence, the Commission has moved
closer to establishing the exact circumstances and modus operandi of the blast.
This will provide a critical link in the chain of evidence needed to identify
and hold accountable those who are perpetrators, sponsors, organizers, and
accomplices of the crime.
The Commission, however, does not deem it appropriate, at this stage, to
disclose further details of its work as this may unnecessarily threaten the
security of witnesses, compromise the collection of future evidence and
undermine the outcome of the investigation as a whole.
The Prosecutor General of Lebanon agrees with this approach.
7.The Commission has continued to share, on a regular basis, information and
results of the Commission's investigative efforts with the relevant Lebanese
authorities and has broadened its dialogue with law enforcement and judicial
authorities to identify areas in which the Commission can best assist the
Lebanese efforts.
8.Moreover, since receiving authorization by the Council in resolution 1644
(2005), the Commission has directed part of its capacity to the task of
extending technical assistance to the Lebanese authorities with regard to the
investigations of the assassination attempts, assassinations, and explosions
perpetrated in Lebanon since I October 2004.
This has involved the provision of legal, forensic, and analytical expertise and
cooperation to the Lebanese authorities in their investigation of presently 14
cases.
9.International cooperation remains key to successfully discharging the
Commission's mandate. To that end, progress has been made in the critical area
of cooperation with Syria.
In view of the difficulties encountered by the Commission in the past in
accommodating its requests for cooperation, the Commission held two high-level
meetings, in Damascus and in Beirut, with senior Syrian Government officials.
A common understanding has been reached on the operational modalities in such
areas as access to individuals, sites, and information, witness/suspect
interviews, the applicable legal framework, and communications with the
Government. This understanding will be tested in the upcoming months.
10.In this context, the Commission has reaffirmed the legal framework of its
operations and activities, which is principally formed by the body of relevant
Security Council resolutions, most notably resolutions 1595 (2005), 1636 (2005),
1644 (2005), and the recognized standards of international criminal law, taking
into account Lebanese and other national law where consistent with these
standards.
11.During the reporting period, the Commission was also required to direct
considerable time and effort at the consolidation of its internal structure and
capacity. Uncertainties surrounding the actual length of the Commission's
mandate had led to the gradual departure of significant numbers of key staff
primarily investigators, and posed a challenge to the incoming Commissioner's
endeavors to ensure continuity and a seamless transition.
The Commission reviewed its entire staffing table, developed a new budget and
appropriate job descriptions, and recruited a number of new staff members, in
part by approaching international judicial/law enforcement institutions as well
as member states.
12.All staff members presently employed are equipped with the skills,
qualifications, and experience needed to conduct complex terrorism
investigations and international criminal law enforcement activities.
Reconciling the focus on staff security with the need to maintain staff morale
and the high levels of commitment and professionalism in a volatile and
restrictive environment continues to be a priority for the Commission's senior
management.
II. Progress in the Investigation
A. Support mechanisms
13.During the reporting period, the Commission introduced a number of essential
support mechanisms (see in more detail under Chapter V. of this report) to
further strengthen the investigation process, including an operational analysis
capacity; a legal advisory and analysis capacity; forensic coordination and
analysis capacity; an information systems management capacity commensurate with
the complexity of the case; standard operating procedures for investigative work
such as interviews of witnesses and suspects; minimum legal and operational
standards for interpreters and translators; the procurement of electronic
analysis tools and case management software; specialist skills, e.g.
anti-terrorism expertise, as and when required; and a rolling recruitment
process to provide continuity and depth to the investigation effort. These core
functions within the investigative process are crucial to conduct complex
patterns analysis, manage extensive amounts of communications data, and identify
linkages.
B. Methodology
14.In pursuing the investigation into the assassination of former Prime Minister
Rafik Hariri and 21 other named victims (Zahi Abou-Rjeyleh, Yehya Al-Arab,
Mohammed Al-Ghalayini, Abdul Hamid Al-Ghalayini Mahmoud Saleh Al-Khalaf, Sobhi
Al-Khodr, Omar Al-Masri, Mahmoud Hamad Al-Mohammad, Joseph Aoun, Alaa Asfour,
Rima Bazzi, Abdu Bou-Farah, Mazen Dahabi, Yamama Damen, Mohammed Darweesh,
Bassel Fouleyhan, Rawad Haydar, Farhan Issa, Talal Nasser, Haytham Ousman, Ziad
Tarraf. An unidentified body was also found), the Commission, since the January
of this year, has been following a three-pronged approach: (i) review of
collected information and evidence; (ii) analysis of existing information and
evidence; and (iii) pursuit of selected existing or identified new lines of
inquiry. While shifting in their relative emphasis, all three core objectives
are being advanced, simultaneously, to ensure balanced strategic direction and
continued forward momentum.
15.Firstly, the Commission undertook a review of all intelligence, information
and evidence collected since the inception of its work in June of 2005. The
review has included an assessment of the manner and rationale for the collection
of this large volume of material as well as an evaluation of the evidentiary
standard and legal thresholds applied. All key collection categories (i.e. crime
scene, execution of the assassination operation, linkages to alleged
perpetrators, perpetrator involvement and target identification) have been
subjected to this process. This review has been nearly completed.
16.Secondly, the Commission has established a multi-disciplinary investigative
capacity to analyze and review existing and new intelligence, information, and
evidence, in order to assess its value for the development of the case. Such
capacity is essential to effective investigative work and to assess any
modifications in the case direction.
17.Thirdly, the Commission continues to pursue selected existing lines and newly
identified lines of inquiry while ensuring the application of minimum
international operating and legal standards, at all times, in anticipation of a
possible future judicial process.
18.Following the above-mentioned review of the existing sources, a decision has
been taken to discontinue some of the previously identified leads, and to
corroborate and ascertain the specific utility of some others to the case.
C. Current status of the investigation
1. Circumstances of the blast
Nature of the impact
19.The Commission has moved closer to establishing a unifying theory of the
exact circumstances of the blast that killed Mr. Hariri, 21 other named victims
and a single unidentified person, possibly one of the perpetrators. It has
evaluated comprehensive supporting evidence, including forensic findings of how
the crime was perpetrated and on the nature of the blasts. It has also further
examined the possibility of an aboveground, underground or combination impact.
Engaging the services of terrorism experts was of great help to the Commission
and has produced valuable new insights into the means and methods used by the
perpetrators on the day of the crime.
20.Since the beginning of the Commission's work, there have been numerous
forensic reports, varying both in their terms of reference and the specificity
of tasks undertaken. Over the last few weeks, all of these reports have been
subjected to a comparative forensic analysis aimed at establishing areas of
commonality or contradiction, gaps in their terms of reference, and the quality
of forensic collection. This analysis was necessary to satisfy the minimum
standards required of any future legal process as well as to enable the
investigation to discard certain theories while testing and scrutinizing other
theories.
21.As a result, further forensic study of the crime scene will be carried out,
including the examination of surrounding areas, types and origin of the
explosives conducting important DNA analysis as well as a thorough examination
of the damaged vehicles.
22.Forensic examination of the crime scene It is likely that fragments from
relevant vehicles are still at the crime scene. Thus, even after the crime scene
is designated as "clean" of forensic evidence and handed over to the Lebanese
authorities for re development, the Commission will continue to provide forensic
coverage for the blast affected area, in case any other forensic-related
evidence is found.
23.DNA examination The Commission deems it necessary to establish the ethnic and
regional origin of the single unidentified person whose human remains have been
found at the crime scene and to complete an inventory of DNA samples that have
been collected and analyzed to date. Also, parts of the driving compartment of
the Mitsubishi truck have been collected and will be tested for explosives
residues, DNA and/or fingerprints. They will, thus, be submitted for forensic
examination and comparative analysis.
24.Inventory of forensic exhibits A complete inventory of all forensic exhibits
is being established to record essential data, including the type of exhibit,
picture, date and origin of collection, identity of the examining person and
actual location.
25.Exact time of blast/s The time of occurrence given by the report of the
initial fact-finding commission (S/2005/203), namely 12:56:26, and by the
National Centre of Geophysics in Lebanon, namely 12:55:05, differ. It is crucial
to establish the reasons for a time difference of apparently 1 minute 21
seconds, then determine the exact time of the blast/s, in order to integrate
other forms of evidence concerning the implementation and mechanical aspects of
the operation.
26.Videotape analysis Further forensic and media-technical examination is
required of the videotape of Ahmad Abu Addas and its packaging, e.g. DNA,
fingerprints, videotape analysis.
27.Seismologic analysis While the seismologic analysis has been conducted by
specialists in natural seismology, it is necessary to complement this with an
analysis by specialists in artificial seismology to determine the properties of
the explosion.
Properties of the blasts
28.While there still remains contradictory information on whether the blasts
occurred underground or aboveground (as well as on the immediate events
surrounding the attack), the Commission is pursuing promising lines of inquiry
and achieving clarity in this respect. It has prioritized its evaluation of
possible road works occurring in the vicinity of the explosion prior to the
detonation.
Mitsubishi truck
29.In its second report the Commission discussed the line of inquiry surrounding
a stolen Mitsubishi truck. This remains an on-going initiative, with significant
DNA analysis being scheduled and further information being sought as to the
vehicle's origins and movements prior to the blast/s. It was stated that further
investigation was required into an allegation that a Mitsubishi truck was seen
in a camp in Zabadane (Syria) shortly before the explosion This allegation needs
to be further corroborated and remains an on going line of enquiry in the
context of the evaluation of the information provider.
HSBC footage
30.The Commission noted in its previous report that certain individuals present
at the crime scene and captured in the HSBC Close Circuit TV footage had been
acting suspiciously and that further interviews would be required This line of
enquiry remains open. Additional analysis of the HSBC footage is on-going to
support new lines of inquiry, in particular concerning the modus operandi of the
perpetrators.
Modus operandi for the attack
31.There still remains no single unifying theory with comprehensive supporting
evidence of how the execution of the operation was implemented. However, the
Commission is closer to a more complete understanding of how the preparatory
work was undertaken, how those who participated on the day performed their
respective tasks, what those tasks were before, during, and after the attack and
of the overall modus operandi employed by the perpetrators for the attack.
32.Four investigative measures contribute to this understanding: (i) the
collection of witness and victim testimony; (ii) forensic investigation; (iii)
expertise in the means and methods assessments; and (iv) overlaid application of
analysis of communications patterns, both on the day of and in the lead-up to
the crime. The latter aspect is being evaluated for authenticity and
reliability. While the Commission has obtained significant results in this area
over the last two months, it would not be appropriate to disclose any specific
information at this stage of the investigation.
33.On a more general note, it has become clear that the means and methods of
such a terrorist operation are more complex in their preparatory and planning
stage, and simpler in their execution. The individuals who perpetrated this
crime appear to be very "professional" in their approach, as they planned to a
high percentage likelihood for success, and conducted the operation with high
standards of individual and collective self-discipline. It must be assumed that
at least some of those involved were likely experienced in this type of
terrorist activity.
Other previously identified leads
34.In its second report, the Commission suggested that further investigation
into the mooted delay of Mr Hariri' s motorcade and into the apparent
interference with telecommunications on 14 February 2005 would be undertaken,
and that the origins of a call to Al-Jazeera be further investigated. The first
two topics have been largely dealt with by the Commission, and it has satisfied
itself as to the findings and their relevance. The third topic remains under
consideration, and the Commission is actively engaged in clarifying and
developing the issue.
2. Those who committed the crime on the ground
35.The identification of the actual "on the ground" perpetrators of the crime on
the day is an on-going aspect of the investigation. The Commission believes it
is inappropriate to comment extensively on this facet of its inquiry, but can
state that it has made progress in the investigation and pro-actively continues
to pursue its work into this component of the case.
3. Those who enabled the crime
36.The Commission believes that there is a layer of perpetrators between those
who initially commissioned the crime and the actual perpetrators on the day of
the crime, namely those who enabled the crime to occur. Participation in
enabling the crime can be tangential or central to its perpetration, and can
carry differing levels of criminal liability. Because this area of the
investigation promises to be fruitful for the Commission, it is being given
priority. While the Commission has identified a number of individuals for
interviewing or re-interviewing, as well as other forms of evidence for review,
no further details can be disclosed at this stage due to the critical
requirement for confidentiality.
37.The Commission is also actively pursuing several lines of enquiry identified
in its previous reports. For example, the role of the Al-Ahbash organization,
and members thereof, is still being evaluated for its relevance to the
investigation. Likewise, the Commission's earlier suggestion to restore military
intelligence archives for its review remains an on-going line of investigative
inquiry. The Commission also continues to investigate and evaluate the extent to
which certain intercepted telephone conversations referred to previously provide
any insight into the scope of involvement of key individuals in the
assassination. Further, the reduction of security personnel for Mr. Hariri' is
currently being evaluated in the context of its relevance and in relative terms
of priority with other lines of inquiry. Similarly, the Commission is evaluating
the documentation of orders by the Lebanese Internal Security Forces (ISF)
asking to place Mr. Hariri under surveillance.
4. Those who commissioned the crime
38.Due to the highly complex nature of the sponsoring, support and execution of
terrorist activities, it is critical for the Commission to identify and utilize
new forms of intelligence and information to establish links between the crime
itself and those who enabled or commissioned it. The Commission is proactively
pursuing a number of sources which can yield such data.
39.The Commission has also begun conducting a series of interviews aimed at
clarifying the existence of an alleged informal oral agreement referred to in
its previous report as the "Damascus Protocol".
40.Regarding other previously identified leads, the Commission has evaluated the
relevance of issues surrounding the affairs of the bank Al-Madina and concluded
that the issue remains a task for f investigation. The second report also
mentioned that a fund operated by the former Director of Surete Generale was
being cross-checked with other lines of inquiry' This remains the case today and
continues to be a factor for investigative consideration as and when
appropriate.
41.Moreover, the Commission has undertaken a comparative telephone analysis
cross-referencing numbers allegedly related to the Hariri assassination and the
14 other attacks. This analysis has been completed as a preliminary exercise,
and remains a priority task for further consideration. Similarly, the analysis
with regard to a pre-paid SIM card user has been completed as a preliminary
exercise and remains a priority topic for the investigation.
5. Interaction with the Lebanese
authorities
42.In its resolution 1595 (2005), the Security Council requested that the
Commission assist the Lebanese authorities in their investigation of all aspects
of the 14 February 2005 terrorist act. In order to enable the Commission to
discharge its duties, the Council stated that the Commission shall enjoy the
"full cooperation of the Lebanese authorities, including full access to all
documentary, testimonial and physical information, and evidence in their
possession". In addition, the Council gave the Commission the authority to
"collect any additional information and evidence", in particular to interview
witnesses. The framework set out by the Security Council has been further
refined in a Memorandum of Understanding of 13 June 2005 between the United
Nations and the Government of the Republic of Lebanon.
43.The interaction between the Commission and the Lebanese authorities is the
centerpiece of this novel joint - national and international - effort to
identify the perpetrators, sponsors, organizers and accomplices of the terrorist
attack of 14 February 2005. The Commission would like to commend the commitment
displayed in this respect by the Prosecutor General of Lebanon and his office,
and the investigating judge in this case. Close coordination and effective
interaction will become even more essential as and when the investigation is
nearing its completion and the results of both the Commission's work and the
Lebanese investigation will be used in a court of law.
Information sharing and coordination
44.Numerous coordination meetings were held in recent months and case-related
information has been shared, including witnesses and suspect statements. For
instance, on 2 March 2006, the Commission received from the Lebanese authorities
statements taken by 1SF investigators regarding an important aspect of the
investigation. In turn, on 3 March 2006, the Commission transmitted to the
competent investigating judge seven binders of documents, including
witness/suspect statements. On 8 March 2006, the Commission's and the Lebanese
authorities' forensic experts met to discuss the status of various DNA projects
both related to the Hariri investigation and that of the 14 other terrorist
attacks. Forensic coordination is critical to ensure that these 14 cases are
being investigated adequately from a forensic perspective, both individually and
horizontally.
45.These initiatives have already contributed towards strengthening the
investigative capabilities and confidence of the Lebanese judicial and law
enforcement agencies. It must be recalled that the Commission is primarily
assisting the Lebanese authorities in their investigation. Hence, it must be
ensured that all relevant information be shared with the Lebanese authorities in
a timely fashion to enable the Lebanese judiciary to adequately discharge its
functions. The Commission will thus, as a matter of policy, accompany any
witness/suspect statements shared with the Lebanese authorities with its own
assessment of the actual evidentiary value of the information provided.
46.Among the issues still to be clarified with the Lebanese authorities is that
of information obtained from sensitive sources. Naturally, the Prosecutor
General would like to have access to all information obtained from sensitive
sources relevant to the ongoing investigation.
47.However, sensitive sources and potential witnesses who appear to possess
credible information relevant to the investigation have on occasion conditioned
their cooperation with the Commission upon the premise that their information
will not be divulged to the Lebanese authorities. The Commission aims at finding
a practical case-by-case solution to this issue that would allow for the testing
of integrity and reliability of sources or potential witnesses. The ability of
the Commission and the Lebanese authorities to keep and attract further
potential insider witnesses will depend on the ability to protect them. A first
meeting has taken place between the Prosecutor General's office and the
Commission to begin discussions on the application of witness protection support
programs within the context of the national Lebanese judicial system, and
possibly a tribunal of an international character. The discussions covered the
flail range of measures and procedures commonly associated with such programs.
Suspects and arrests
48.In the course of the ongoing investigation into the attack of 14 February
2005, and in order to preserve their procedural rights, several individuals have
been interrogated as suspects by the Lebanese judiciary and the Commission In
total 14 suspects were arrested by the Lebanese and, in one case by the French
authorities, some following a recommendation by the Commission To date, 10
individuals are still held in custody in connection with the Hariri
investigation.
49.All these individuals are suspected of having committed crimes under the
Lebanese Penal Code, the Weapons and Ammunitions Law, and the so-called Law
dated 11 January 1958. The suspects can be grouped into three categories: (i)
persons suspected of instigating and participating in the planning and execution
of the crime, based on articles 270, 271, 314, 549 and 549/201 of the Penal
Code, articles 2,4, 5 and 6 of the Law dated 11 January 1958, and articles 72
and 76 of the Weapons and Ammunitions Law; (ii) individuals suspected of
withholding information concerning a crime committed against state security,
forgery, or fraudulent use of personal documents, based on articles 398, 471 and
471/454 of the Penal Code, articles 2, 4, 5 and 6 of the Law dated 11 January
1958, and articles 72 and 76 of the Weapons and Ammunitions Law; and (iii)
individuals suspected of making false testimony, based on article 408 of the
Penal Code.
Ill. Technical Assistance in 14 Other Cases
50.In resolution 1644 (2005), the Security Council authorized the Commission,
following the request of the Lebanese Government, to extend its technical
assistance as appropriate to the Lebanese authorities with regard to their
investigations of the terrorist attacks perpetrated in Lebanon since 1 October
2004, that is, the assassination attempts and assassinations and explosions that
took place in Lebanon starting with the attack on Minister and Member of the
Lebanese Parliament Marwane Hamadeh on 1 October 2004. The Council also
requested the Secretary General, in consultations with the Commission and the
Lebanese Government, to present recommendations on whether to expand the mandate
of the Commission to include investigations of those other attacks.
A. Progress in providing technical
assistance
51.The Commission has offered assistance in seven substantive areas: crime
analysis; legal analysis; forensic analysis and investigation; identification of
next investigative steps, gaps, and areas of strength; horizontal inter-case
crime analysis; identification of any linkages of the 14 cases to the Hariri
investigation; and identification of areas for future investigative capacity
building measures. Mindful of the Commission's continuing operational focus on
the Hariri investigation, the provision of such assistance takes place on a
case-by-case basis and is governed significantly by the amount of resources
available to the Commission for these tasks. More detailed technical assistance
may become necessary should preliminary assessments indicate potential linkages
between the 14 cases or with the Hariri investigation.
52.The Commission met with the Prosecutor General of Lebanon on 1 February 2006
to discuss the modalities of the requested technical assistance to the Lebanese
authorities. Based on a series of additional individual meetings with the
relevant military and investigating judges in charge of these cases, the
Commission developed an action plan. On 6 February 2006, the Commissioner and
the Prosecutor General, joined by the investigating judges, agreed on the
modalities of their cooperation with respect to the investigation of those
terrorist attacks perpetrated since 1 October 2004.
53.Between 8 and 24 February 2006, the Commission held 14 meetings with eight
investigating judges responsible for the cases. The objective of the meetings
was to understand the facts and merits of each individual case; to assess the
status and progress of the investigation; to discuss any problems encountered
during the investigations; and to hear the investigating judges' views on means
to manage the investigative issues. Based on these meetings and additional
documentation provided, the Commission conducted individual case analyses and
established the respective requirements of each case in terms of technical
assistance to be provided by the Commission.
54.In addition, the Commission visited the crime scenes of seven attacks for
preliminary orientation and assessment purposes. It further held meetings on 24
February 2006 with the Chief of the Explosives Department of the Scientific
Police Division of ISF and the Chief of the Explosives Ordinance Devices Unit
(Engineer Battalion). A meeting was held with the Prosecutor General's office to
discuss witness management and protection services, particularly in light of the
possible creation of a tribunal of an international character. The Commissioner
also had a working meeting with the management of the 1SF forensic laboratory to
discuss the need for further support to establish adequate technical
capabilities.
56. Hamadeh case: At around O9O5hrs, on Friday 1 October 2004, a car exploded
when Minister Marwane Hamadeh was driving on California Street, in the locality
of Dar El Mraisseh, Beirut. The explosion caused the immediate death of his
security escort. Marwane Hamadeh and his driver sustained serious injuries.
57. New-Jdeidh case: At around OO3Ohrs, on Sunday 19 March 2005, an explosion
took place at the locality of New-Jdeidh, a residential area North of Beirut.
The bomb was placed close to a pillar of a building near a parked car. As a
result of the blast, eleven persons were injured, 38 cars were damaged and the
building sustained significant damage.
58. Kaslik case: At around OO45hrs, on Wednesday 23 March 2005, an explosion
took place in "Altavista" tower, a commercial centre, in Kaslik, North of
Beirut. The area is known to be very crowded during the day but quiet, except
for guards, at night. The blast caused the death of one guard and two of his
friends and seven persons were slightly injured. The blast caused significant
material damage.
59. Bouchria case: At 2125hrs, on Sunday 26 March 2005, an explosion took place
at the locality of Sid-El-Bouchria, an industrial area with only carpentry and
mechanics enterprises in the Northeast of Beirut. The location of the explosion
is about one kilometer distance from the location of the bomb explosion that
occurred on 19 March 2005 (New-Jdeidh case). The bomb was placed behind a car
and near a concrete pillar. The blast caused serious material damage to cars and
buildings. A number of persons were wounded, sustaining minor injuries.
60. Broumana case: At around 2145hrs, on Friday 1 April 2005, an explosion took
place in a commercial mall called "Plaza centre" in Broumana, East of Beirut.
The bomb was placed close to a concrete pillar located near the door of the
parking area. At this hour the commercial centre was closed. The blast damaged
many shops and offices; nine persons were slightly injured.
61. Jounieh case: At around 2lOOhrs, on Friday 6 May 2005, an explosion took
place at Central Street in Jounieh, near the building of the "Voice of Charity"
radio station. The bomb was placed close to a concrete pillar of the building
where the radio station offices are located. At this hour offices and shops were
closed. After the blast, the radio stopped broadcasting for a few days. The
blast caused destruction of at least two buildings. Several other buildings and
cars were seriously damaged and eleven persons injured.
62. Samir Kassir case: At around 1045 hrs, on Friday 2 June 2005, an explosion
took place in a small lane in Ashrafieh district, Beirut. The blast targeted the
car of Samir Kassir, a prominent journalist. The car had been parked the night
before, at around midnight, in front of Mr. Kassir's residence. The bomb
exploded when Mr. Kassir sat down on the driver seat. He died as a result of the
blast.
63. George Hawi case: At around O95Ohrs, on Tuesday 21 June 2005, an explosion
took place near a gas station on Boustany Street in the locality of Wata
Msaytbeh, in Beirut. The explosive charge targeted the car of George Hawi, a
former leader of the Lebanese Communist Party. The car had been parked on the
night of 20 June 2005. On 21 June 2005, Mr. Hawi left his house and sat in the
front seat beside the driver. It was known that Mr. Hawi left his house at
almost the same time everyday. The driver started the engine, drove off, and
after several hundred meters the explosion occurred, killing Mr. Hawi and
slightly injuring his driver.
64. Elias El-Murr case: At around 0945hrs, on Tuesday 12 July 2005, the former
Minister of Interior, and current Minister of Defence, Elias El-Murr, left his
house using his car to go to his office in Beirut. He was accompanied by two
other persons and drove the car himself. In the Naccache area, they passed a
parked car which exploded at around lOl8hrs. A person who happened to pass by in
his car was killed. Mr. El-Murr and his two companions were seriously injured in
the explosion, which also caused serious material damage.
65. Ashrafieh-Monot street case: At around 2145hrs, on Friday 22 July 2005, an
explosion took place in the Ashrafieh-Monot area in Beirut. The site of the
explosion is an open road leading to Monot Street. The bomb was placed near an
abandoned house, between a wall and a car. The blast slightly injured 13 persons
and caused damage to cars which were parked on both sides of the road.
66.Zalka case: At around 2200hrs, on Monday 22 August 2005, an explosion took
place in an auxiliary road at Zalka, a commercial area located North of Beirut.
The bomb was placed on the roof of a garage. The blast slightly injured eleven
persons, partially damaged some cars.
67. Ashrafieh-Naoum Libki Street case: At around 2345hrs, on Friday 16 September
2005, an explosion took place in Naoum Libki Street in Ashrafieh, Beirut. The
street only has residential buildings. The explosion caused the death of one
person, slightly injured ten persons and caused serious material damage.
68. May Chidiac case: At around 1 74Ohrs, on Sunday 25 September 2005, in the
Ghadir area, a bomb seriously wounded Ms. May Chidiac, a prominent journalist,
as she had just entered the car. The car was parked in front of a friend's house
and the bomb was placed under the driver's seat.
69. Gebran Tueni case: At around O95Ohrs, on Monday 12 December 2005, in the
Mkalles area, an explosion took place causing the death of Gebran Tueni, his
driver, and a security escort. Mr. Tueni, a Member of Parliament and head of the
An-Nahar newspaper, had just returned the previous day from Paris, France. Mr.
Tueni left Lebanon after the assassination of Mr. Hariri to reside in France
because of threats against his life.
C. Initial comparative review of the 14 other cases
70. An initial comparative review of the available information appears to reveal
certain characteristics common to the 14 crimes. For example, the Commission
notes that three of these terrorist acts were perpetrated against politicians,
using vehicle bombs, three others targeted two journalists and a politician,
using booby-trapped vehicles and eight bomb explosions seemingly targeted the
urban infrastructure.
The car bomb cases
71. In these cases, which occurred on Friday 1 October 2004, Tuesday 12 July
2005 and Monday 12 December 2005, respectively, the perpetrators targeted three
well known politicians, Marwane Hamadeh, Elias El-Murr, and Gebran Tueni. The
first is a Druze Muslim while the other two are Christian Orthodox. Mr. Hamadeh
is presently the Minister of Communications in Lebanon. Mr. El-Murr is the
son-in-law of President Emile Lahoud and currently the Minister of Defense. Mr.
Tueni was the nephew of Mr. Hamadeh and a well known journalist heading An-Nahar
Newspaper. Mr. Tueni ran as a candidate in the last elections and won a seat as
Member of Parliament.
72. The car bombs used in these three cases were placed in a Mercedes E300, a
Mitsubishi Montero Sport, and a Renault Rapid. It is alleged that in the blast
targeting Mr. Hamadeh's car, 10kg of TNT was placed between the back seat and
the trunk and directed towards the outside; in the other two cases, 40kg of TNT
was used as a charge. In all three cases, the detonation was probably triggered
by a remote control device. In the case of Mr. Hamadeh, the car bomb was parked
at the right side of the road and right in front of a road bump. In the case of
Mr. El-Murr, his car was struck by a car bomb that was placed in a vehicle at
the right-hand side of an up-hill road. In the case of Mr. Tueni, the car bomb
was parked in an ascending curved road.
Following the assassination of Mr. Tueni, a Muslim fundamentalist group, called
The fighters for the unity and freedom of Bilad El-Cham, sent a fax to a
newspaper based in London, claiming responsibility for the assassination of both
Gebran Tueni and Samir Kassir.
The booby-trapped car cases
73. These three blasts took place on Friday 2 June, Tuesday 21 June, and Sunday
25 September 2005 targeting prominent media figures and a politician in Lebanon,
Samir Kassir, Georges Hawi and May Chidiac. The first two were Christian
Orthodox, while the third is a Christian Maronite. All three were well known for
their criticism against the Syrian presence in Lebanon and had intensified their
criticism following the assassination of Rafik Hariri in their articles, TV
shows and public statements in general.
74. In each case, the location where their cars were parked at the time of the
explosion was unguarded. Mr. Kassir and Mr. Hawi parked their cars, around
midnight, the night before the blasts. Ms Chidiac parked her car in front of a
friend's house. Mr. Kassir and Mr. Hawi died immediately as a result of the
blasts, while Ms. Chidiac, protected by the strong frame of her vehicle,
survived the explosion but was seriously injured.
75. In the cases of Ms. Chidiac and Mr. Hawi, the bombs were attached to their
cars, while in the case of Mr. Kassir, it is still unclear whether the bomb was
attached to the car or placed on the ground underneath the car. It is unclear
whether Mr. Kassir and Ms. Chidiac had started their cars before the blast,
while Mr. Hawi had already traveled several hundred meters, sitting in the
passenger seat. In all three cases, the bombs were located underneath the seat
of the targeted persons. It is possible that the perpetrators wanted to harm
only the targeted person and not necessarily other passengers in the cars.
The bomb explosion cases
76. Eight bombs exploded between 19 March 2005 and 16 September 2005. Four of
these blasts took place on Fridays 1 April, 6 May, 22 July and 16 September
2005. A hypothesis being examined is that the pattern of these blasts, taking
into consideration the time of the blast and the choice of the location, could
indicate that the perpetrators did not have the intention of carrying out
targeted assassinations. Rather, they appear to have intended to damage the
infrastructure or spread fear among the public.
77. The neighborhoods where the blasts occurred are commercial and/or
residential and considered to be areas inhabited by Orthodox and Maronite
Christians. Ashrafieh, where two blasts occurred, is perceived as a Christian
neighborhood. Five explosions took place between 2lOOhrs and 2200hrs: in
Bouchria, Jounieh, Zalka, Broumana and on Monot street in Ashrafieh. Some of the
locations are known to be crowded during the day but quiet at night and only
attended to by guards. The remaining three blasts occurred after 2200hrs: in
Naoum Libki street, Ashrafieh (at 2345hrs), in New-Jdeidh (at OO3Ohrs) and in
Kaslik (at OO45hrs), all three in residential areas. The blasts injured persons
and caused significant and serious damage to the surrounding buildings and
vehicles. In two blasts, in the Kaslik case and the Ashrafieh-Naoum Libki Street
case, it appears from the records of the Lebanese investigations that a total of
four persons have died.
78. In these cases, the bomb was placed near locations such as a concrete
pillar, an auxiliary road that was quiet and empty, a garage roof, or an
abandoned house. The charges used for the blasts varied between 8kg and 35kg. In
four cases the charge was 25kg. Most of the bombs were put in plastic bags,
except for one case, where the bomb was put in a black rucksack or backpack. In
all the cases the forensic experts stated that the detonation was triggered
either by remote control or a timed device.
79. At this stage, taking into account the qualitative level of the
investigations conducted in all 14 cases and of the evidence currently
available, it is too early to conclude or even make an assumption that any of
the 14 other cases are linked either with each other or with the Hariri case.
However, the Commission remains actively engaged in evaluating any information
emanating from each of these 14 cases against the backdrop of this hypothesis.
D. Findings emanating from the provision of technical assistance
80. Following is a list of the Commission's main observations during its
interactions with the Lebanese judicial and law enforcement institutions. The
findings have been discussed with the investigating judges and should be
addressed expeditiously by providing the necessary capacity, training, and
further technical assistance to support the Lebanese investigations into the 14
terrorist acts.
81. All Lebanese judges agree with the finding that the crime scenes were
interfered with in the immediate aftermath of the blast/s, although not
necessarily maliciously. In several cases, when the investigating judges arrived
at the crime scene they found a crowd of people on the scene. This demonstrates
that while several security agencies were usually present at the crime scene, an
effective securing of the scene did not occur. Thus, coordination between the
different security services needs to be improved; clear lead responsibilities
need to be defined for such basic but critical activities, as failure impacts
negatively on the ability to conduct effective investigations at the crime
scene.
82. It is also likely that the intervention of firefighters and other
first-responders, a situational necessity, has made forensic collection of
residual explosives and other material evidence more complicated. This is
particularly true given the lack of in-depth forensic expertise in Lebanon, most
notably in the area of forensic crime scene management and procedure, and of
adequate technical resources for specialized units, which currently have only
basic equipment, supplies and tools.
83. Coordination between the investigating judges of the 14 cases is not
seamless, especially as they have numerous other cases to investigate. This is
compounded by their occasional difficulties in gaining access to information and
intelligence products. The Commission has thus suggested to the Lebanese
authorities that investigating judges with specific expertise or experience in
terrorism investigations be assigned to these cases.
84. The Security services use investigative techniques with no analytical
capacity and electronic tools, and lack technical administrative resources such
as computers and photocopy machines.
85. As a result, the lack of progress made to date in the investigations of the
14 other terrorist acts committed since 1 October 2004, appears, in the
Commission's opinion, to strain the confidence in, and trust between, the
judiciary, the various security forces, the families of victims, and the public
in general.
Next steps
86. Individual discussions have taken place with each investigating judge and
with the office of the Prosecutor General concerning a number of areas that
would benefit from future technical assistance and a greater development of
capacity to enable investigations to be undertaken more effectively. These
measures are currently subject to further discussions between the Commission and
the Lebanese authorities.
87. The Commission continues to extend technical assistance in the form of
forensic and crime analysis capacity for each individual case, and provides its
expertise by conducting comparative analysis with the Hariri investigation.
88. While it is not within the mandate of the Commission to conduct a
comprehensive assessment of the functioning of the Lebanese judicial and law
enforcement agencies, the Commission continues to interact closely with all
relevant institutions to provide advice and guidance, as asked and as
appropriate, and within the overall mandate and capacity of the Commission.
IV. International Cooperation
89. All States are required to fully cooperate with the Commission. Security
Council resolution 1595 (2005) unequivocally "calls on all States and all
parties to cooperate fully with the Commission". This obligation is reaffirmed
in Security Council resolution 1636 (2005) and resolution 1644 (2005) which call
"upon all States to extend to the Lebanese authorities and to the Commission the
assistance they may need and request in connection with the inquiry, and in
particular to provide them with all relevant information they may possess
pertaining to this terrorist attack". Cooperation of all member States, as and
when appropriate, is of critical importance to the Commission as the successful
completion of its work depends on it. During the reporting period, the
Commission has thus continued to request assistance from member States, on both
judicial and technical matters.
A. Cooperation with Syria
90. Security Council resolution 1595 (2005) and resolutions 1636 (2005) and 1644
(2005), both adopted under Chapter VII of the UN Charter, require Syria to fully
cooperate with the Commission. Based on this framework, the Commission has
pursued its efforts to obtain full and unconditional cooperation from Syria,
both on legal and operational matters.
91. In its previous reports, the Commission highlighted several instances of
difficulty encountered when seeking cooperation from the Syrian authorities. In
order to address the real and urgent need to make progress on this issue, in the
interest of expediting the investigation, the Commissioner twice met with senior
Syrian officials to discuss the practical modalities of their cooperation. On 23
February 2006, the Commissioner met with the Syrian Minister of Foreign Affairs,
the Deputy Minister of Foreign Affairs, the Legal Adviser of the Foreign
Ministry, and the Chairman of the Syrian Special Judicial Commission (SSJC), in
Damascus. On 7 March 2006, the Commissioner met again with the Deputy Foreign
Minister and the Legal Adviser, this time in Beirut. As a result, the Commission
has now reached a common understanding with Syria of the legal framework for
their cooperation and of certain practical modalities to facilitate the
expeditious implementation of the Commission's requests for assistance. The
understanding will be tested in the upcoming months.
1. Framework of cooperation
Legal framework
92. It was understood that the legal framework for the Commission's operations
and activities is principally formed by the body of relevant Security Council
resolutions, most notably resolutions 1595 (2005), 1636 (2005), 1644 (2005), and
the recognized standards of international criminal law, taking into account
national law where consistent with such standards. Thus, there is no need for a
separate cooperation agreement between the Commission and Syria. The Commission
applies its own procedures, consistent with generally recognized standards of
criminal procedure. As far as executing investigative measures within the
jurisdiction of Syria, the Commission will, as appropriate, take into account
Syrian law and judicial procedures.
Access to information and sites in Syria
93. According to resolution 1595 (2005) and 1636 (2005), Syria should grant the
Commission full access to documentary, testimonial and physical information and
evidence it possesses that the Commission deems relevant to the inquiry. The
resolutions further require Syria to grant the Commission full access to sites
and facilities on Syrian territory. Syria has signaled its intention to fully
comply with these resolutions. The Commission intends, as appropriate, to
request full, unhindered and direct access to documents, facilities and sites,
in the presence of Commission officials.
Location and modalities for witness interviews
94. Resolution 1636 (2005) also vests authority in the Commission to determine
the "modalities of interview of Syrian officials and individuals it deems
relevant to the inquiry". The Commission takes a practical and pragmatic
approach with regard to the modalities and logistical aspects of interviews of
Syrian citizens. It will therefore determine the location of interviews on a
case-by-case basis, taking into account security and other concerns.
Interview of senior officials and the Head of
State
95. Emphasizing the relevant provisions of resolutions 1595 (2005), 1636 (2005),
and 1644 (2005), the Commission reaffirmed its right to interview any Syrian
officials. The Syrian authorities have confirmed that members of government
should be available for such interviews by the Commission. Moreover, following
the two meetings between the Commission and Syrian government officials, the
Syrian Minister of Foreign Affairs informed the Commissioner on 9 March 2006
that a meeting with the President and another meeting with the Vice-President
will take place during the upcoming month.
Procedures for arrest of Syrian nationals
96. As stipulated in resolution 1636 (2005), should the Commission request the
arrest of a Syrian official or individual suspected of involvement in the
planning, sponsoring, organizing or perpetrating of the criminal acts at issue,
the relevant Syrian authorities would be obliged to make that person "fully
available to the Commission". Syria has signaled that it will fully comply with
any such requests, including by arresting and making available to the Commission
the person concerned, taking into account, as appropriate, Syrian legal
procedures.
Communication with the Syrian authorities
97. There were differences of view in the past between the Commission and the
Syrian authorities with regard to the role of the SSJC. While the Commission
encourages the SSJC to effectively discharge its functions and collect
information relevant to the inquiry, it is understood that the appropriate
official interlocutor of the Commission remains the Government of Syria,
represented by the Minister of Foreign Affairs.
Evaluation of information provided in response to Commission requests
98. The Syrian Government has, through the SSJC, in particular in the last three
months, formally complied with nearly all of the Commission's previous requests
for assistance. It has provided responses on a number of specific issues that
were raised with the authorities, some of which had been pending since November
2005. For instance, on 22 February 2006, the SSJC informed the Commission that
it had examined the archives of the Military Intelligence and reviewed records
related to the political situation in Lebanon, as requested by the Commission. A
number of reports concerning the security and political situation in Lebanon
were handed over to the Commission. These and other documents provided to the
Commission are currently being reviewed for their relevance to the
investigation.
99. Despite these encouraging steps, it is important to note that the Commission
will ultimately judge cooperation of the Syrian authorities on the merits of the
information provided and the promptness with which its requests are being
accommodated. The Commission is currently in the process of preparing additional
requests for assistance related to Syria's presence in Lebanon and specific
requests related to the assassination of Mr. Hariri. In order to ensure
implementation of such requests, the Commission and Syrian authorities will hold
regular working level meetings on cooperation matters.
B. Cooperation with other governments and entities
100. The Commission has continued to request, through embassies in Beirut and
permanent missions to the United Nations in New York, further judicial and
technical assistance from member states. In response, judicial and expert
technical assistance was provided by several governments. The Commission
welcomes, in particular, the valuable technical and judicial assistance it has
received during the reporting period from France, the Netherlands, Japan, and
the United Arab Emirates (UAE). French authorities provided valuable logistical
assistance during the interview of a witness residing on French territory and
are expected to facilitate additional witness and suspect interviews. Dutch
forensic experts have assisted the Commission in providing technical assistance
to the Lebanese authorities in one of the 14 other cases. The commission has
received substantial cooperation from the Japanese and the UAE authorities in
connection with the investigation into the theft of the Mitsubishi Canter truck,
of which engine parts were found at the crime scene of the Hariri assassination.
101. The Commission is also grateful for the assistance received from
international judicial and law enforcement organizations such as the ad hoc
International Criminal Tribunals for the former Yugoslavia and Rwanda, the
International Criminal Court, and law enforcement agencies such as Interpol.
They have made available human resources assistance and qualified staff to
assist the Commission in its work. As the investigation progresses further, this
assistance will be increasingly crucial to the Commission. The Commission would,
therefore, welcome additional assistance from individual governments and the
above-mentioned institutions by making qualified and specialized human resources
available.
102. In its earlier reports, the Commission had already highlighted the critical
need for member states to make available to the Commission specific information
of immediate relevance to the investigation. This remains an area to be pursued
with relevant member states. At this stage, the Commission would welcome any
information that would advance the investigation, whether it is directly linked
to the crime or in support of the broader requirements relating to this complex
case. In conformity with the well-established practice of international judicial
or law enforcement institutions, any such information provided on a confidential
basis would not be disclosed and would be used for internal investigative
purposes only.
V. Organizational Support
103. The imperatives of resolution 1644 (2005) to extend the Commission's
mandate initially until 15 June 2006 and to expand it to incorporate the
provision of technical assistance to the Lebanese authorities (in relation to
the 14 cases that occurred since I October 2004), and bearing in mind the
possible establishment of a tribunal of an international character, presented a
considerable challenge to the Commission in the early weeks of this reporting
period.
It was a priority for the incoming Commissioner to consolidate the Commission's
financial, institutional, and managerial structure. Retaining and gradually
strengthening its key investigative capacity and providing continuity in the
leadership and substance of the investigations were the cornerstones of the
Commission's organizational efforts during this transitional period.
104. In particular, the staffing situation encountered, most notably in the
critical area of investigations, crime analysis, and forensics, was difficult in
terms of lack of resources. The uncertainties surrounding the actual length of
the Commission's mandate had led to the gradual departure of significant numbers
of key staff, primarily investigators, since September 2005. By the end of 2005,
such downsizing of the Commission's staffing level had reduced the number of
investigators/analysts to nine from previously 48 budgeted posts, and by
February 2006, the number was six. The Commission was forced to focus much of
its initial attention on rebuilding a team based around the dedicated and
professional capacity remaining without loss of momentum or direction for the
investigation.
105. In this context, the Commissioner commends the exemplary dedication of the
Commission's staff, particularly those still present since the very beginning of
the investigation, in a highly volatile and constrained work/living environment.
The Commissioner is paying particular attention to maintaining staff morale to
sustain the high levels of commitment and professionalism currently displayed.
106. The Commission reviewed its entire staffing table, developed a new budget
and appropriate job descriptions, and recruited a number of new
multi-disciplined staff members, including by approaching international judicial
and law enforcement institutions and member states. All staff members presently
employed are equipped with skills, qualifications and experience in complex
investigations, counter-terrorism investigations, or international criminal law
enforcement/ justice initiatives, that are commensurate with the requirements of
the expanded mandate. The Commission will need to continue to dedicate part of
its efforts to the recruitment of qualified and professional staff in order to
ensure sustainability of the investigation beyond the expiration of its current
mandate and towards a possible tribunal of an international character.
107. In particular, the Commission enhanced its investigative capacity by adding
two critical components to its existing structure: a legal advisory unit and an
integrated support services component. These components are being staffed with
specialists in the field of international investigations, international and
comparative law, criminal analysis and other functional specialized areas of
relevance. Both components will help to ensure that technical assistance to the
Lebanese authorities continues to be provided comprehensively and with maximum
professionalism. It will also enable the Commission to carry out "over the
horizon" planning, as and when appropriate, to prepare for the transition of the
investigation from the Commission to a possible tribunal of an international
character, or any other court of law.
108. The legal component provides legal advice on matters of international and
Lebanese law and matters of cooperation with member states. It will ensure
internal legal consistency in the Commission's day-to-day work. It will also
provide legal support to the operational activities of the investigation
component. The integrated support services component will provide operational
support to the various aspects of the Commission's on-going investigative work.
It will establish systems to improve the Commission's information management
capability, forensics expertise and witness protection capacity, and ensure that
all of the above operate at the highest levels of professional standards and
methodology.
109. To support the large influx of information that has already been collected
and is anticipated to further grow over the next three months, it is necessary
to procure and manage electronic systems that ensure efficient data management.
Adequate electronic analysis tools are fundamental to the progress of the
investigation. In particular, the procurement of appropriate case management
software will be crucial in portraying the legal construction of a case,
ensuring relevant evidence is associated to individual legal elements and
evidence thresholds are met for each case component.
110. Alongside the introduction of standard procedures for interviewing
witnesses and suspects, sensitive source management and interpretation/
translation management, and in order to ensure that case management capability
is efficient and meets minimum legal standards, the following measures are being
implemented to ensure the expanded and extended mandate can be fulfilled and
remains sustainable: a single unified hard-copy filing system; a single unified
electronic-copy filing and data retrieval system; a datestamping receipt,
storage and distribution system for incoming information; security protocols for
electronic and hardcopy information storage; an external requests for assistance
management and tracking system; a single unified protocol for liaison with
Lebanese authorities; and a management system for authorization of missions and
travel.
VI. Conclusions
111. With the expansion of its mandate and the prospect of a tribunal of
international character on the horizon, the work of the Commission has entered
into a new phase. It continues to extend its assistance to Lebanese authorities,
building upon the work done in 2005 and is putting maximum investigative effort
into the case of the killing of Rafik Hariri and 22 others. A significant number
of new lines of inquiry, identified since January 2006, have already enabled
faster-than-expected progress in two important areas. Along with the on-going
development and refinement of case knowledge, the Commission is confident that
its support to the Lebanese authorities will result in a successful outcome to
the investigations within a realistic time-frame.
112. The Commission has begun the provision of further technical assistance to
the Lebanese authorities for their investigations into 14 other alleged
terrorist attacks since 1 October 2004. This aspect of its work is eliciting
potentially significant areas of investigative development in linking these
cases (or some thereof) together. The Commission is of the view that it is
necessanecessary to make short, medium and long term investments into the
capacity of the relevant Lebanese judicial and law enforcement agencies in
specific areas of expertise.
113. Interaction with the Lebanese authorities is close and frequent. The
Commission will strive not only to maintain this excellent working relationship,
but will continuously seek to find ways to further assist and enhance the
interaction and information exchange. It must be noted that the Commission's
capacity and mandate to provide technical assistance to the Lebanese authorities
is limited. It can only provide preliminary assistance from its organic
capacity, can identify future capacity requirements for the Lebanese authorities
and enter into dialogue with states and other entities in pursuit of the
fulfillment of those measures identified.
114. The Commission has laid the groundwork with the Syrian authorities for
improved cooperation based on the framework set out by the relevant Security
Council resolutions. It looks forward to receiving timely and relevant responses
to its requests, as agreed by the Syrian government.
115. The Commission has enjoyed good support from the United Nations system at
all relevant levels. In light of the continuing staffing requirements due to the
highly specialized levels of expertise required in many aspects of the
Commission's work, human resources management will have to remain a priority
focus for this interaction. Effective human resources management underpins the
sustainability of the Commission's capability to perform its tasks and ensures
it has the capacity to cope with future transitional requirements without
deflecting from its core work objectives.
116. The Commission is fully aware of the limitations that its conservative
approach to sharing case relevant information publicly and providing details on
the pursuit of particular lines of inquiry may pose to the Council. The
Commission would like to take this opportunity to assure Council members that
this cautious approach is an integral part of its overall investigation
strategy, and indeed, is standard investigation practice.