Leidschendam (The Hague) – The Chief prosecutor of the Special Tribunal for Lebanon - the international criminal tribunal for the prosecution of the criminal acts relating to the assassination of Rafik Hariri – Canadian judge Daniel Bellemare demanded those who are attempting to accuse the Tribunal of politicization to provide conclusive evidence that prove these claims, in order for him to respond to them in detail. In an interview with Al-Hayat following his return from medical treatment in Canada, Bellemare reasserted that the Tribunal's progress is “going very well” and at a pace that is satisfactory to him. He also said that the Tribunal is adding more experiences every day, calling his team “the dream team”. He also stressed the importance of his work in what pertains to the future of security and stability in Lebanon, “because the results of this work will practically deter the murderous perpetrators, and render them fearful of retribution henceforth”. He pointed out that the Security Council is the only party that can stop the work of his tribunal court, while asserting that he considers it unlikely for the Council to do so, “no matter what the circumstances may be”. Judge Bellemare, who appeared to be in good health, expressed his frustration at the rumours spread by Lebanese journalists that he is suffering from cancer, affirming that he is in good health, and that he will remain in his post until the tribunal's work is done. Moreover, the judge announced that he will not issue periodical reports as he did in the past, but that instead, the President of the Special Tribunal for Lebanon the Italian judge Antonio Cassese will issue a report in around two weeks, and which will simultaneously be presented to the Lebanese Government and the Security Council. However, this report will not contain any mention of the content or the date of the indictment and its issuance. Al-Hayat interviewed Bellermare in his office at the Tribunal, which is located in Leidschendam, a suburb of The Hague, for more than one hour: When do you expect the indictment to be issued? Will be within weeks as it is rumoured, or will it take longer? - It is very difficult to assign a specific date in this case, and these predictions being made make me laugh in fact. The difficulty here lies in the fact that I cannot predict the timing of the indictment, or the results of the investigations. All I can confirm is that we are adding more and more staff to our team, and everyone here is working diligently and with perseverance to finish work on this case, and I do not believe there is anyone who is keener than I am to finish as quickly as possible. But there are speculations being made every day. In fact, a prominent Western politician said that you still do not have any case to present to the Tribunal, and that you do not have sufficient evidence. - Frankly, I find this to be quite interesting. I'm actually surprised by such a claim, because I, honestly, am the only one who is fully aware of the depth of this investigation and all its parts and components, while no one even in my team possesses such information, save for any diplomats or politicians. My surprise thus can be summarized in this question: On what grounds does this politician base his allegations? So you can say in full confidence that you have a complete and solid case that you can present to the Tribunal? - Allow me to repeat what I had said earlier. I did not decide to go out of retirement only to become associated with a failed mission. You may still recall that I told the Security Council during my recent meeting there that I am still optimistic. That has not changed today. Rather, I am actually very optimistic, and if this situation should change, then I will report this to the Security Council accordingly. Do you mean that if you discover at some stage that your case is not solid along with the Tribunal, you will then go to the Security Council and announce that you do not have a case? - Yes, indeed I will. The former director of the Lebanese General Security, Major General Jamil Sayyed filed a lawsuit against judge Detlev Mehlis in France. Are you afraid that you might meet the same fate? - No ... I'm not afraid. Why are you not afraid? Is it because you have not taken any steps that can bother someone? - There are no grounds for any person to file a lawsuit against me. Of course, I cannot stop anyone from doing something of the sort... But I'm not worried. Do you have immunity provided to you by the United Nations? - No, I am not aware of any such immunity. You know that the political life in Lebanon is unstable and a cause for constant concern. Does the prospect of a change in government in Lebanon concern you in that it may affect the cooperation of the Lebanese government with you? - This is a hypothetical question, and I cannot comment on it. What I can say however is that the [Lebanese] cooperation so far has been very agreeable and I do not expect that to change. Are you in dire need today for the Lebanese Government's cooperation? - This is also a hypothetical question, and the answer depends on the intended type of this cooperation, and in which field. Has there been any change in the quality of the cooperation of countries such as France, Syria or others with you? Also, how do you describe the international cooperation with you so far? - I cannot name specific countries, and all I can say here is that we have requested the cooperation of several countries. The number of these in fact is 120 requests, and I can say that I am generally satisfied with the level of cooperation obtained, despite the fact that some countries whose cooperation we requested were slow in responding to our requests. As for those countries that did not respond to our requests in a timely manner, we usually develop specific mechanisms to entice them into responding quickly, and I think that this issue will not prove to be a problem for us in any case. Do you mean to say that you will go to the United Nations, and say that this or that country is not cooperating with us as required? - I have not resorted to this so far. However, we may use this approach should everything else fail. What are the means available at your disposal to force a given country into cooperating with you? - The lack of response by a given country may be caused by a number of factors, including sometimes the legal system itself in this or that country, and several other reasons that can be unrelated to the political will to help us, or its lack thereof. It has been said that the Tribunal's budget is 85 million dollars, more than half of which was provided by the International Community and the rest by Lebanon. However, any political change in Lebanon may affect this funding; is this one of the challenges that you may face? - First of all, the figure of 85 million dollars is not entirely accurate. In fact, the budget for this year is 60 million dollars, while the budget for 2010 is still being studied, and I do not think that it will reach the figure of 85 million. But are you concerned that support funds from Lebanon or other countries like the United States might cease for instance? - U.S President Barack Obama reiterated his unfaltering support for our work, and the Americans have actually even provided additional financial support following the election of President Obama. Therefore, I'm not concerned at all about financial support, and there are no reasons whatsoever to make me believe that this support will stop. Some judicial sources believe that three years is not a sufficient period for investigating the case of Hariri's assassination and the other cases, and that only one person leading the prosecution is not enough. What is your opinion about this? - When it comes to the issue of more than one person undertaking the tasks of the prosecution, it must be mentioned that I do not personally conduct all the investigations. Rather, a large team is responsible for this job, and presents me with the necessary reports. Also, I do not believe it possible or beneficial that more than one prosecutor be handling the case, and we are indeed doing our jobs very well. With regard to the issue of the investigation period, this is based on the fact that the countries which contributed the funds to the Tribunal had approved this for three years. These countries did not specify a period of three years because they want lucrative returns on their contributions. Rather, this happened because these countries are optimistic about the court, its progress and its results, and I do not want to anticipate what will happen after three years. Will you personally remain in your post if the Tribunal's work is not done within three years? -This depends on the progress made. Will the United Nations extend the Tribunal's mandate after three years? - I do not know ... and I do not want to guess. This will be decided once when we get to that point. What are the most important challenges currently facing the Tribunal? - The first challenge is security: my personal security and the security of my staff. You must have noticed the strict security measures that are in place. In fact, I have a taskforce assigned to protect me wherever I travel all over the world. This protection was established on the basis of the assessed risks and dangers surrounding me, and not because I have any desire to have it. The second challenge meanwhile, is that the investigations we are undertaking are very complex and sensitive, in addition to being broad and intertwining. While some believe that we can solve this case very quickly, and while some people may forget that these criminal acts were perpetrated by a professional group that strives to hide facts in a proficient manner, I repeat that recreating the crime scene and the crime's elements take time since it is a precise process that is also very scientific and complex. For me personally, the size and the sheer complexity of the investigations remain the biggest challenge that we face in our work, among other things ... Our work is difficult, but we are doing our job in a very professional and scientific manner. Hezbollah's Secretary-General Sayyed Hassan Nasrallah announced that he is not concerned with the Tribunal's findings, and that the very nature of your work is “conspiratorial”. What is your response to this? - [The Judge smiles] First of all, you already know that I do not comment on what others say. However, this gives me the chance to respond in what regards the issue of politicizing the Tribunal, which is in effect exactly what those want. Allow me here to mention that these accusations which claim that the Tribunal is politicized have started even before we started our work, ever since the very beginning. I want to say to those who believe and say this: you are alleging this without any evidence, and I call upon you to provide us with proofs so that we can respond to this. All what this Tribunal has done so far is file a request with the Lebanese government for postponement, and the release of the four generals. If anyone believes that this is politicized, then he or she is welcome to provide us with evidence proving these claims and we shall respond. In fact, I will be quite happy to respond to these allegations. You are aware that I and the Tribunal are both independent, and that these accusations are a distraction and disturb us and our work. We are working in all sincerity, and what is frustrating is that such allegations are not based on facts. People must believe us when we say that we have no political agenda whatsoever, that our work is solely based on evidence, and that I shall go wherever this evidence will lead me. There is something else here that I would like to talk about, regarding these rumours, and that is the issue of those rumours which involve the professionalism of those working with us. There have been some questions about their level of knowledge and expertise. However, I am very proud of all the members of our team who were chosen from amongst hundreds, and who enjoy a high degree of professionalism. In fact, I believe that our team is a dream team, and all our staff are here willingly, and also because they are passionate and believe in their work. The Lebanese must remember here that it is in no one's interests that terrorists who did not face the courts are currently free to roam among them. Frankly, all of these allegations are a part of the claim that the court is politicized, but they will not lead anywhere. People must also remember that the Tribunal is concerned with the people who have murdered, and was created to prevent further murders and criminal acts without those being punished. But what interest might these people have then, in spreading rumours about the politicization of the court? - I do not know what their interest can be nor what they might be thinking, and I wish I knew. But allow me to mention that there are irresponsible journalists out there, such as those who started the rumour that I am dying of cancer, and the effect this had on my family in Canada. This is irresponsible journalism, and we must put an end to such claims at some point, especially that there are those who write allegations that are completely unfounded. Were you in a long vacation, or were you ill? - I went through some medical tests, but as you see, I am in good health. Did you conduct an internal investigation following the publication of the article in the German “Der Spiegel” magazine, in which Hezbollah was accused of being involved in Hariri's assassination? - What do you mean? I do not comment on press reports, and I do not deny nor confirm them. This is part of the allegations, and as I said, I do not respond to allegations. There are those who believe that the outcome of this Tribunal will threaten civil peace in Lebanon, and hence the region's stability. If you discovered at some point that this is true, will you stop your work in the Tribunal? Who has the authority to stop the work of this Tribunal? Is it Lebanon or is it the United Nations? - Allow me to say here that the logic you are using is political, and I am trying to distance myself as much as possible from politics. With regard to who can stop the work of this Tribunal, only the Security Council has such an authority, but I do not think at all that this will happen. We are a legal construct based on legal grounds, but what if the Lebanese government requested the Security Council to suspend the work of the Tribunal. Are you concerned about such a possibility? - I said earlier, and I will repeat it here: I will indeed resign if I feel there is any political influence over the Tribunal's progress that I cannot deal with. I will resign in front of everyone and tell the whole world why I resigned. Can we safely assume that the four generals who were released have been acquitted, or might the Tribunal summon them again for questioning? - The answer is simple, namely that the officers were not tried in the first place to lead us to think that they were acquitted. Rather, they were released because we did not have enough evidence to keep them in custody, and they, like all others, will be summoned should we have any new evidence against them. Do you have any facilities for detaining suspects in place? - Yes, we do. What is the degree of the negative impact caused by the testimony of the two Syrian witnesses Hussam Hussam and Mohammed Zuhair al-Siddiq on the Tribunal, and will they be interrogated again? - I will not comment about what the Tribunal does or may do. But let me say in this regard that prior to the decision to release the four generals, our investigators met with al-Siddiq in the UAE. Of course, any attempt to mislead the Tribunal disturbs me and is a waste of time and effort. Sometimes, these attempts have dire consequences, and the fact of the matter is that these misleading statements made us reassess our approach in the investigation. You spoke about a criminal gang that assassinated Prime Minister Hariri and his companions. Was this gang especially formed to assassinate Hariri, or was it a gang that had previously carried out other assassinations? - This is a very important part, and is at the heart of the investigation which will show all these facts in the end. If you decide to resign... - No ... No, I do not intend to resign; I am here to stay and over the long run. Are you going to visit Lebanon in the future? - Of course, and I miss Lebanon and its good people. Will you issue a new report and submit it to the Security Council? - No, this is not required of me. However, the Tribunal's president Judge Antonio Cassese decided to issue a report biannually instead of once every year. This report is expected to be issued in nearly two weeks, and will simultaneously be submitted to the Lebanese government and the Security Council. What will your current endeavours and work mean for your future and your legacy? - I do not think or care about my legacy, and I am not looking forward to any new posts after my current one. In fact, I will go back to retirement and the only thing I am seeking here is that I and my colleagues succeed in obtaining justice for the Lebanese people, and take the criminals to court and then prison. We are doing a massive and important work, which has high credibility for Lebanon, the people of the region and the world. There are calls meanwhile, for tribunals similar to yours to try the murderers of the late Pakistani Prime Minister Benazir Bhutto, and to try those who perpetrated the recent terrorist attacks in Iraq. Are you in favour of setting up such tribunals, or have you been requested to look into such cases? - No, I have not been asked to do so. I do not think that it is useful to establish an International Tribunal for every terrorist incident, but perhaps the United Nations will consider in the future setting up a subsidiary UN court to look into similar cases.
