Lebanon's Special Tribunal confirmed this week the names of the first four Hariri assassination suspects, already leaked to the press, Lucy Fielder reports Last week, the Special Tribunal for Lebanon (STL) released the names, photographs and some details of the four men indicted in connection with the killing of former prime minister Rafik Al-Hariri in 2005. The charges against them were also released, about a month after the sealed indictments were handed by the Hague-based court to Lebanon's general prosecutor and leaked within hours. Although the charges did not mention Hizbullah, Lebanon's armed Shia party that backs the current government, the four men are known to be Hizbullah members: one, Mustafa Badreddin, is believed to be a top- ranking commander. The names turned out to be those leaked: Salim Ayash, Hussein Oneissi and Assad Sabra, as well as Badreddin. Photographs were issued, along with known previous addresses. They face five charges including conspiracy aimed at committing a terrorist act, committing a terrorist act by means of an explosive device, intentional homicide with premeditation of Hariri and the 21 people who died with him when his convoy was bombed on the Beirut seafront. Hassan Nasrallah, Hizbullah's secretary-general, as good as acknowledged the men's affiliation to his group in a speech in early July by referring to them as " mujahideen " who had fought bravely against Israel. Hizbullah's Al-Manar Television said in its newscast that night, which played down the story and ran it late in the bulletin, that the names were those that had already been leaked, and therefore the news represented "a further blow to the already damaged court, after leaks revealed its US and Israeli agenda". The group denies any role in the killing, which threw Lebanon into a political crisis whose ripples are still being felt. Nasrallah sees the court as a US-Israeli plot to undermine Hizbullah. Many had feared the charging of suspects linked to Shia Hizbullah in the killing of Hariri, a major Sunni figure, would ignite strife between the two communities. That remains a possibility further down the line, but for now, all eyes are watching the unfolding unrest in neighbouring Syria with far more apprehension. Like the release of the indictments themselves, the reaction in Lebanon to the names being confirmed was muted to the point of being underwhelmed. "This step has been taken to increase the likelihood of apprehending the accused in case any of them is seen by the public," a statement issued by the office of tribunal Prosecutor Daniel Bellemare said. Lebanon must report back to the UN tribunal by 11 August on its progress in serving the arrest warrants. If, as expected, the men are not found, the tribunal can decide to issue a public announcement in Lebanese newspapers. Then the defence team at The Hague can start to prepare its case. No one expects Hizbullah to cooperate with a court it discredits by preparing its own defence of the men. In absentia proceedings can be initiated, a slow process expected to creak into gear later this year and widely seen as the most likely scenario, including by Nasrallah himself. Interior Minister Marwan Charbel has said judicial authorities are making progress searching for the men to execute the arrest warrants. Omar Nashabe, a leading criminologist, justice editor of the pro-government Al-Akhbar newspaper and a fierce critic of the STL, said that appeared to be the case. "They're checking their previous addresses, asking their relatives, trying to find where these men are," he said. "They're doing all they can." The indictments were handed over just as Prime Minister Najib Mikati's new cabinet was to agree on a policy statement, which was seen as vague concerning the tribunal by the opposition. Critics of the tribunal and its Western backers saw that as a challenge to the new government, which promised to "respect" international commitments as long as they did not threaten civil peace. The opposition, led by Al-Hariri's son Saad, wanted a promise of full compliance, and accused the government of fudging the issue. It also cast doubts on whether the state is working to apprehend the men. Saad Al-Hariri headed the last government, which Hizbullah's alliance brought down in January amid a dispute over the tribunal. Whether or not the government is doing all it can, few expect the suspects to be found. Hizbullah far outguns the weak Lebanese army and police forces, even if anyone were foolhardy enough to attempt an arrest. With Hizbullah's alliance dominating the government, such an attempt is doubly unlikely. And many believe the men are unlikely to still be in Lebanon; though Hizbullah proved adept at hiding one of its most wanted men, military mastermind Imad Mughneya, for decades until he was finally assassinated in Damascus in 2008. Badreddine is believed to be his brother- in-law. "They know the government can't arrest anyone; even a Hariri government would not be able to do anything," said Amal Saad-Ghorayeb, the Beirut-based author of a book on Hizbullah. She said the men were unknown, apart from Badreddine, since his name was leaked earlier in a 2008 report in Germany's Der Spiegel that first suggested Hizbullah members would be indicted. "They're heading towards portraying these random names as 'rogue elements'," she said. At first, the tribunal's reports pointed towards Syrian involvement, and many believe further indictments could still name Syrian figures. Nashabe said the fact that the names turned out to have been accurately leaked threw further doubt on the investigation's professionalism. "The tribunal has to preserve confidentiality under [UNSC] Resolution 1757. Lebanon abides by 1757, but it seems that the tribunal doesn't," he said. "It appears Bellemare is not strong enough to pursue leaks coming from those working in his own office, is too mediocre to investigate the possibility of Israeli involvement -- Is he only strong enough to flex his muscles here in Lebanon?" Nashabe called for a commission to follow up on the court's compliance with UN regulations. The tribunal is the first international court established to try a crime defined as terrorism.
