Lebanon's state prosecutor Saeed Mirza has received the indictments over the 2005 killing of former prime minister Rafik Hariri from the UN-backed Special Tribunal for Lebanon on Thursday. He also received four arrest warrants from a delegation from the UN-backed Special Tribunal for Lebanon.
Why sealed warrants?
Mirza did not disclose the contents of the indictments, but they were expected to accuse four Hezbollah members of involvement in the bombing which killed Hariri and 22 others. Hezbollah has denied any involvement in the killing.The tribunal has the possibility to issue indictments and warrants under seal in the "interests of justice" as experience at other international courts shows there is sometimes a greater chance of arrest if a warrant is issued under seal. The court declined to give any comment on the warrants.
What happens now?
Now that the arrest warrants have been issued, Lebanese authorities will be expected to "act promptly" and will have up to 30 days to inform the tribunal of the measures taken.
Warrants of arrest also include an order for the "prompt transfer" of the accused to the tribunal upon their arrest. If authorities fail to make arrests, the court may start putting out ‘Wanted' adverts in newspapers or on television, radio and/or the internet.
Trial in absentia?
If no arrests are carried out, the tribunal can hold trials in absentia under three sets of circumstances: when the accused has waived his or her right to be present, has not been handed over to the court by authorities or cannot be found. An accused may also be absent but represented in court by counsel or attend via video-conferencing.
When will the trial start?
There is no specific deadline for the start of the trial. However, the pre-trial judge sets a tentative trial date at least four months between confirmation of the indictment (and the issuing of summons or warrants) and the start of the trial.
However, the date might be pushed back if the defence challenges the court's jurisdiction, alleges errors in the indictment or seeks to have certain charges dropped. might not start until next year.
Maximum sentence?
The maximum sentence the tribunal can impose is life imprisonment. It cannot impose the death penalty or forced labour, sentences which are possible under Lebanese law.
