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Truth postponed
Published in Al-Ahram Weekly on 15 - 12 - 2005

The assassination of Gibran Tueni, coinciding with the release of the second Mehlis report, dashed hopes for Lebanon's recovery, reports Hicham Safieddine
The Lebanese may have little to celebrate this upcoming New Year. The assassination of prominent politician and journalist Gibran Tueni and the release of the second United Nations report investigating the death of former prime minister Rafik Al-Hariri have plunged the country into yet another phase of fear and confusion over its political future.
The series of assassinations that began with the killing of Al-Hariri claimed another high- profile victim on Monday. Tueni, editor-in- chief of the daily An-Nahar and rookie member of parliament, was killed while heading to the newspaper's office in the city centre after returning from France the night before. His car was targeted by a roadside bomb that rocked the eastern Beirut suburb of Maqallis. Several others died in the explosion. News of the killing sent shockwaves across the country. Politicians from all factions, including Prime Minister Fouad Al-Siniora, Parliamentary Speaker Nabih Berri and President Emile Lahoud condemned the killing with the strongest terms.
"People here are stunned at what happened, but also angry," said An-Nahar lawyer Ziad Barood, who was close to Tueni. "I think speeding up the process of pursuing justice has already begun right after his death and will hopefully continue," Barood told Al-Ahram Weekly. He added that An-Nahar will not be silence by the killing. The daily has also lost Samir Kassir, another leading columnist among its ranks, to an assassination last summer.
Barood would not assign blame to one specific culprit but insinuated at the potential perpetrators. "Gibran was chosen because he was crazy with courage when it came to saying what he believed in."
Druze leader Walid Jumblatt and his ally in parliament Marwan Hemadeh -- also Tueni's uncle and the target of an assassination attempt last year -- were quick to blame Syria for the killing.
Tueni was a vociferous critic of the Syrian regime. His polemics polarised the Lebanese public into those who saw him as a tireless patriot fighting for Lebanese independence and those who dismissed him as an Arab-phoebe adamantly opposed to Lebanese-Syrian rapprochement. For its part, Syria vehemently denied it had a hand in his death. Syrian officials said the assassination of one of its opponents at this time could only serve the interests of those bent on destabilising the region.
The timing of Tueni's assassination gains extra significant political weight as it coincides with the release of the second report by UN investigator Detlev Mehlis into the 14 February assassination of Al-Hariri. The build up to the release of the report involved a fierce debate over the establishment of an international court to try the suspects in the killing. Tueni was a strong proponent of the court.
"Prior to his death, Tueni had urged the legislature to sign up to the International Criminal Court," Barood explained.
The majority bloc in parliament, headed by the former prime minister's son Saad Al-Hariri, had been pushing for this court but was facing opposition from its coalition partners, Shia parties Amal and Hizbullah. The latter claim the forming of such a court could open up further doors of international intervention in Lebanon and play into the hands of the United States policy of systematic regime change in the region. Supporters of the court counter- charge that the Lebanese judiciary and security apparatus are incapable of meting out justice, both due to the lack of sufficient resources and the lack of proper protection for witnesses and others involved in any future trial procedures.
The death of Tueni gave a boost to those demanding an international court. On the evening of the explosion, the government held an emergency meeting to discuss the latest developments and the proper response to the killing. Al-Siniora had received a copy of the Mehlis report prior to the meeting.
Following a hot session, the government voted for officially requesting the establishment of an international court. It also called for an international investigation into the series of assassinations that has plagued the country this year. But the decision was not unanimous. Ministers representing Amal and Hizbullah temporarily suspended their membership in cabinet in protest of the decision.
Information Minister Ghazi Al-Ariedi tried to put on a positive spin of the disagreement, saying it was a manifestation of the new Lebanon, where disagreement is allowed within the ruling power unlike in the past when decisions came from above. But analysts suggest the row over the course of action in light of the continued violence is going to be harder to bridge. The second Mehlis report takes the conclusions of the first a step further by turning the Syrian witnesses into suspects and preparing to ask the Syrian government to arrest them. Six Syrians, five believed to be high- profile officials, were interrogated in Vienna in the run up to the release of the report. Mehlis said all five, in addition to 14 others -- Syrian and Lebanese -- are suspects. The report was also critical of Syria's cooperation with the investigation, describing it as "slow".
Still, there is no smoking gun in this report either, and it came on the heels of one witness, Hossam Hossam, back-peddling on his testimony. Mehlis himself has decided against serving as head of the commission for a third term. All these factors, including the appointment of a new commissioner, are bound to slow down the process of unveiling who was behind the wave of killings and bring the matter to a close. For his part, Barood says an international court whose mandate does not over- step the prosecution of those involved in the killings will not jeopardise the frail sense of autonomy in decision-making that Lebanon has enjoyed lately.
"UN Resolution 425 which calls on the withdrawal of Israel from Lebanon has always been cited and nobody seemed to protest that it constituted an act of international interference," he said.
In an apparent compromise between those who demand an international court and those who reject the notion, the Free Patriotic Movement headed by Maronite leader and former militia head Michael Aoun has been pushing for drawing up a mixed court involving international and Lebanese judges. He said the international element will ensure the court would have the capability to enforce the court's decisions, while the Lebanese element would provide transparency to assuage the fears of those worried about US or Western pressures.
Aoun had also asked for restraint in assigning the blame for the killers of Tueni, saying the Lebanese carry a big share of the responsibility in what is going on. "In the past, every time there was an assassination, we blamed Israel. Now it is Syria," he told reporters in reaction to the killing.
The second Mehlis report into the killing of Rafik Al-Hariri was released this week. According to a leaked version, from 7 October to 10 December, 52 witness statements, 69 investigator's notes and eight suspect statements brought a total of 37,00 pages of documents into this file. The report brings the total number of suspects to 19, calls for a follow-up of the investigation and for the Syrian government to fully cooperate with the investigation. The report also cast doubt on the testimony of major witness Zuheir Mohammad Saddik, after DNA tests showed he had apparently lied about meetings held up to plan for the crime. Below are excerpts from an unofficial version of the report.
The next steps to be followed in the investigation are clear...: to continue to follow existing lines of inquiry on all aspects of the case...to receive at all times the full and unconditional co- operation of the Syrian authorities...Delays in proceeding with anyone of these elements will inevitable have an impact on all of them.
It is worth noting that , despite their reluctance and procrastination, the Syrian authorities did make available for questioning the five Syrian officials that the commission had summoned...the interview of the sixth suspect has been postponed...Statements made by two of these suspects indicated that all Syrian intelligence documents concerning Lebanon had been burned. It was also confirmed, by a letter transmitted to the Commission form the Head of the Syrian Special Investigation Commission, Judge Ghada Murad, dated 8 December 2005, that no material regarding the assassination of Mr. Hariri had been found in Syrian intelligence archives. These matters require further investigation by the commission.
Given the slow pace with which the Syrian authorities are beginning to discharge their commitments to the Council... The Commission recommends that there be such an extension and for a minimum period of six months.
The commission relies on the full and unconditional cooperation of the Syrian authorities in the next period of its enquiries, so that all aspects of the case under investigation may be ascertained.
By creating the Judicial Commission, the Syrian authorities were perceived as willing to share their part of the responsibility so as to shed more light on the circumstances of the assassination and to help establish the truth. Whether this measure was prompted by a genuine desire to cooperate in substance or whether it came as a result of the firm message conveyed by Council resolution 1636 (2005), it remains to be seen if a substantive law- enforcement investigation will be carried out to its full extent.
Until now, the commission has made steady progress on the Lebanese track. It remains to be matched on the Syrian track. For that reason, it is the Commission's view that Syria should pursue its own investigation in an earnest and professional manner and respond to the Commission in a timely way, fully and unconditionally, before it is determined whether it is complying in full with the provisions of resolution 1636 (2005).
Compiled by Hicham Safieddine


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