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Public Transcript of the Hearing Held on 28 May 2015 in the Case Of 20150528_STL-11-01_T_T155_OFF_PUB_EN 1/70 PUBLIC Official Transcript Procedural Matters (Open Session) Page 1 1 Special Tribunal for Lebanon 2 In the case of The Prosecutor v. Ayyash, Badreddine, Merhi, 3 Oneissi, and Sabra 4 STL-11-01 5 Presiding Judge David Re, Judge Janet Nosworthy, 6 Judge Micheline Braidy, Judge Walid Akoum, and 7 Judge Nicola Lettieri - [Trial Chamber] 8 Thursday, 28 May 2015 - [Trial Hearing] 9 [Open Session] 10 --- Upon commencing at 10.02 a.m. 11 THE REGISTRAR: The Special Tribunal for Lebanon is sitting in an 12 open session in the case of the Prosecutor versus Ayyash, Badreddine, 13 Merhi, Oneissi, and Sabra, case number STL-11-01. 14 PRESIDING JUDGE RE: Good morning to everyone. We will continue 15 with the evidence of Mr. Siniora in a moment. I'll just note the 16 appearances first. 17 We have Mr. Cameron for the Prosecution, Mr. Mattar for the Legal 18 Representatives of Victims. Good morning, Mr. Mattar. We have Mr. Aoun 19 for Mr. Ayyash, Mr. Korkmaz for Mr. Badreddine, Mr. Hassan for 20 Mr. Oneissi, Mr. Roberts for Mr. Sabra, Mr. Khalil for Mr. Merhi. And 21 there are two representatives of the Defence Office seated here. 22 Good morning to you, Mr. Siniora. 23 THE WITNESS: [Interpretation] Good morning. 24 PRESIDING JUDGE RE: I just have an oral decision I must deliver. 25 So we will continue with the questioning in a moment. Thursday, 28 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150528_STL-11-01_T_T155_OFF_PUB_EN 2/70 PUBLIC Official Transcript Ruling (Open Session) Page 2 1 This is a decision on protective measures for five witnesses. 2 The decision is the following. 3 In a motion for protective measures for Witnesses PRH006, 430, 4 018, 007, and 115, on the 11th of May, 2015, that's filing F1943, the 5 Prosecution requested the Trial Chamber to order protective measures 6 under Rule 133 of the Special Tribunal's Rules of Procedure and Evidence 7 for those five witnesses. The witnesses are scheduled to testify between 8 mid-June and mid-July. 9 The requested measures include: One, an order for the identity 10 of the witnesses to remain confidential; two, using a pseudonym to refer 11 to them in all public hearings and documents; three, redacting from any 12 documents made public any information that may identify the witnesses; 13 four, the voice and image distortion when they testify live; and five, an 14 order to prohibit media or third parties from disclosing information if 15 they become aware of the witness's identity and their involvement in 16 these proceedings. 17 The Prosecution provided the Trial Chamber and the parties with 18 statements of the witnesses and additional documents detailing the nature 19 and reasons for the requested protective measures, that is to say, the 20 concerns of these witnesses. 21 All except one of these witnesses are the subject of the 22 Prosecution motion for general authorization for video-conference link 23 testimony and notice of video-conference link testimony for PRH006, 430, 24 020, 007, 115, dated the 12th of May, 2015; that's filing F1947. 25 The Trial Chamber will issue a decision with respect to these Thursday, 28 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150528_STL-11-01_T_T155_OFF_PUB_EN 3/70 PUBLIC Official Transcript Ruling (Open Session) Page 3 1 witnesses later this week. 2 None of the Defence teams responded to the Prosecution motion. 3 Having reviewed all the information provided by the Prosecution and 4 carefully examined all the circumstances, the Trial Chamber considers 5 that the protective measures requested by the Prosecution are justified 6 by the following: The tense security situation currently prevailing in 7 Lebanon, the potential negative affect on the witness's jobs and 8 livelihood, and security concerns affecting their families if their 9 identities are publicly disclosed. 10 The Trial Chamber is therefore satisfied that the requested 11 protective measures are necessary and proportionate in the circumstances. 12 The Prosecution motion complies with Rule 133 and the Chamber accordingly 13 grants the protective measures for the five witnesses as requested by the 14 Prosecution and as I identified above under points 1 to 5. 15 In relation to confidentiality of the motion, because it contains 16 confidential witness information, the Prosecution seeks to keep 17 confidential annex B to its motion filed on the 11th of May, 2015. The 18 Trial Chamber orders the Prosecution either to file a public redacted 19 version of the annex or to have it classified as public. This may await 20 the live testimony of Witnesses 018 and 115. 21 That completes the ruling. 22 Back to you, Mr. Siniora. We are going, as promised yesterday, 23 to complete your evidence today, but to do that we're going to need, as I 24 foreshadowed yesterday, both the cooperation of Mr. Korkmaz and you. 25 So what we'd really like, Mr. Korkmaz, is for you to focus on Thursday, 28 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150528_STL-11-01_T_T155_OFF_PUB_EN 4/70 PUBLIC Official Transcript Witness: Fouad Siniora –PRH108 (Resumed) (Open Session) Page 4 Cross-examination by Mr. Korkmaz (Continued) 1 short questions which would allow Mr. Siniora to give short answers, 2 because we noted the complaints that both of you made about each other 3 yesterday, about some of the questions and some of the answers. Now, to 4 avoid that we'd ask, Mr. Korkmaz and Mr. Siniora, please to try and keep 5 it as brief and to the point as possible, and we are confident you'll do 6 that. 7 Mr. Korkmaz. 8 MR. KORKMAZ: [Interpretation] Good morning, Your Honour. Good 9 morning to the Bench. Good morning to one and all. 10 WITNESS: FOUAD SINIORA [Resumed] 11 [Witness answered through interpretation] 12 Cross-examination by Mr. Korkmaz: [Continued] 13 Q. [Interpretation] Good morning, Prime Minister. I would just like 14 to put a question to you with regard to the situation or status of 15 Hezbollah as a militia, and we were interrupted in that line of 16 questioning yesterday because of the close of the hearing. 17 Now, is it true that Shia ministers put an end to the boycotting 18 of your government after your 2nd of February, 2006, speech before the 19 Parliament? You acknowledged that Hezbollah wasn't a militia but a 20 resistance movement; is that right? 21 A. Yes, they ended the boycott back then. 22 Q. Very well. Thank you. I'd now like to read out an excerpt, an 23 excerpt of said speech that you made, as I said, before the Parliament. 24 I'm going to be reading out in Arabic, but it features in my presentation 25 queue at a particular spot which I'll come to in a second. Thursday, 28 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150528_STL-11-01_T_T155_OFF_PUB_EN 5/70 PUBLIC Official Transcript Witness: Fouad Siniora –PRH108 (Resumed) (Open Session) Page 5 Cross-examination by Mr. Korkmaz (Continued) 1 MR. KORKMAZ: [Interpretation] But the ERN range is 601387771, and 2 it's at position 14 on our presentation queue. And as I said, I'm going 3 to be reading it out in Arabic because there is the Arabic version and 4 then there is the English version which will help the Bench to follow 5 what I'm reading out. It's a very short excerpt I'll be reading out. 6 Perhaps this can be brought out on the screen, 6013 -- sorry, 73871 [as 7 interpreted], so that the Prime Minister can follow what's going on. 8 PRESIDING JUDGE RE: This is, I think, your statement of the 22nd 9 of May, 2010. Do you have a copy of that with you, Mr. Siniora, in paper 10 form? Which -- am I correct, is that the document -- 11 MR. KORKMAZ: [Interpretation] This document was appended to his 12 statement, Your Honour, of the 19th of May, 2010. I can give you the 13 details and references if you see fit, but the relevant excerpt is the 14 one I've just referred to, ERN 60138771. 15 PRESIDING JUDGE RE: Can you just describe to us what the 16 document is, please, Mr. Korkmaz? 17 MR. KORKMAZ: [Interpretation] Yes, Your Honour. This is an 18 excerpt of a speech. The speech was made by the Prime Minister before 19 the Parliament, that -- on the 2nd of February, 2006. And this 20 particular speech was appended to the statement given by the witness in 21 May 2010. Very well. 22 Q. Prime Minister, so you stated the following: 23 "We, Mr. Speaker," and you mean the Speaker of the Parliament? 24 A. On which date? 25 Q. On the 2nd of February of 2006. Thursday, 28 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150528_STL-11-01_T_T155_OFF_PUB_EN 6/70 PUBLIC Official Transcript Witness: Fouad Siniora –PRH108 (Resumed) (Open Session) Page 6 Cross-examination by Mr. Korkmaz (Continued) 1 A. Thank you. 2 Q. "We, Speaker, Mr. Speaker, and dear Parliament members, we in the 3 government are totally committed to the ministerial declaration that 4 enabled us to have a vote of confidence for this government, the 5 government that is present here in front of you. This government or this 6 cabinet is committed to the paragraph related to the role of the national 7 resistance.
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