20110908 F0044 PUBLIC Pres Order Composition Filed En

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    PUBLIC R092718STL-II-OlflIPRES

    F0044/20 II 0908IR0927I 8-R092720IEN/pvk

    SPECIAL TRIBUNAL FOR LEBANON TRIBUNAL Si'tCIAL POUR LE LlBAN

    TH E PRESIDENT OF TH E TRIBUNAL

    Case No.:Before: Judge Antonio CasseseRegistrar: Mr Herman von HebelDate: 8 September 2011Original language: EnglishType of document: Public

    ORDER ON COMPOSITION OF THE TRIAL CHAMBER

    The Prosecutor:Mr Daniel A. Bellemare, MSM, Q.C.The Head of the Defence Office:Mr Fran90is Roux

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    PUBLIC

    SPECIAL TRIBUNAL FOR LEBANON

    R092719STL-II-0III1PRES

    F0044/20 110908IR092718-R092720IEN/pvk

    TRIBUNAL S ~ C I A L POUR LE LlBAN

    I, Antonio Cassese, PRESIDENT ofthe Special Tribunal for Lebanon ("Tribunal");

    CONSIDERING the Order Pursuant to Rule 76(E) in Prosecutor v. Salim Ayyash, MustafaBadreddine, Hussein Oneissi andAssad Sabra (Case No. STL-II-01IIlPRES) that I issued on18 August 20 II ("Order");

    NOTING that the Order set in motion the process ofpublic advertisement of the indictment inProsecutor v. Ayyash et al., in accordance with Rule 76 bis of the Rules of Procedure andEvidence ("Rules") and as envisioned by Rule 105 bis (A) of the Rules;

    MINDFUL that the Order requests the Lebanese authorities to report to me by 19 September2011 (as well as on the 19th day of each month thereafter) on all efforts undertaken to searchfor, serve the indictment on, arrest, detain and transfer each of the accused, including anyassistance provided in accordance with Rule 76 bis of the Rules, and that I will forward allsuch reports to the Pre-Trial Judge, the Presiding Judge of the Trial Chamber, the Prosecutorand the Head of the Defence Office;

    CONSIDERING the advisability of the Prosecutor and the Head of the Defence Officemaking submissions on whether or not the conditions for a trial in absentia in Prosecutor v.Ayyash et al. have been fulfilled pursuant to Rule 106 of the Rules;

    HAVING CONSULTED the Presiding Judge of the Trial Chamber about whether suchsubmissions would be useful;

    CONSCIOUS that it is for Pre-Trial Judge, pursuant to Rule 105 bis (A) ofthe Rules, to seizethe Trial Chamber of the issue ofwhether to initiate proceedings in absentia and thereafter forthe Trial Chamber to determine the date and modalities by which the Prosecutor and the Headof the Defence Office should file submissions, as well as to ascertain whether therequirements ofRule 106 of the Rules have ultimately been met;

    Case No.: STL-l1-01IllPRES 2 8 September 2011

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    PUBLIC

    SPECIAL TRIBUNAL FOR LEBANON

    R092720STL-II-0IlIIPRES

    F 0 0 4 4 / 2 0 1 1 0 9 0 8 ~ 0 9 2 7 1 8 - R 0 9 2 7 2 0 ~ N / p v k

    TRIBUNAL sPklAL POUR LE L1BAN

    NOTING Article 8 of the Statute ofthe Tribunal and Articles 2 and 17(b) of the Annex to UNSecurity Council resolution 1757 (2007);

    NOTING the UN Secretary-General's recent determination that the remaining Judges of theSpecial Tribunal who have not yet taken up office shall do so as of 20 September 2011 ;

    PURSUANT to Rules 27,29,30 and 32(B) of the Rules,HEREBY CONVENE the Tribunal's Trial Chamber as of 20 September 2011, comprisingthe following Judges:

    (a) Judge Robert Roth, Presiding Judge;(b) Judge Janet Nosworthy (Alternate Judge);(c) Judge Walid Akoum (Alternate Judge);(d) Judge Micheline Braidi; and(e) Judge David Re.

    Done in English, Arabic and French, the English version being authoritative.Filed this 8th day of September 2011,Leidschendam, The Netherlands,

    Case No.: STL-II-OIIIIPRES 3

    Judge Antonio CassesePresident

    8 September 2011