Appeals Chamber reverses the acquittals of Hassan Habib Merhi and Hussein Hassan Oneissi and convicts them in the case of Prosecutor v. Merhi and Oneissi (STL-11-01)
Leidschendam, 10 March 2022- Today, the Appeals Chamber of the Special Tribunal for Lebanon ("STL"), composed of Judge Ivana Hrdličková (Presiding), Judge Ralph Riachy, Judge David Baragwanath, Judge Afif Chamseddine, and Judge Daniel David Ntanda Nsereko, issued the Appeal Judgment in the Prosecution's appeal in the case of Prosecutor v. Merhi and Oneissi (STL-11-01).
The Appeals Chamber addressed the Prosecution's eight grounds of appeal and found that the Trial Chamber committed errors of law invalidating the Judgment and errors of fact occasioning a miscarriage of justice.
Following an analysis of the impact of the above findings on the individual criminal responsibility of Messrs Merhi and Oneissi, the Appeals Chamber unanimously reversed the acquittals of Messrs Merhi and Oneissi and found them each guilty beyond reasonable doubt of the following crimes: Count 1 (conspiracy aimed at committing a terrorist act); Count 6 (being an accomplice to the felony of committing a terrorist act); Counts 7 and 8 (being an accomplice to the felony of intentional homicide); and Count 9 (being an accomplice to the felony of attempted intentional homicide).
The Appeals Chamber issued its Judgment in the absence of Messrs Merhi and Oneissi. Pursuant to Rule 109 (E), an accused who appears after having been convicted in absentia by the Appeals Chamber has a right to: "(i) accept in writing the conviction or sentence; (ii) request a retrial; (iii) accept in writing the conviction and request a new hearing in respect of his sentence; or (iv) accept the Trial Chamber's judgment of acquittal and request a new hearing on appeal".
Judge Baragwanath and Judge Chamseddine appended separate opinions, dissenting in part and concurring in the result.
Following their convictions, the Appeals Chamber also issued arrest warrants for Messrs Merhi and Oneissi.
The Appeals Chamber will now proceed with sentencing proceedings in relation to Messrs Merhi and Oneissi. A scheduling order for submissions on sentencing was issued, pursuant to the sentencing procedure laid out in Rule 171 of the STL Rules of Procedure and Evidence. Following submissions by the Parties, the Appeals Chamber will pronounce the sentence in public and issue a Sentencing Judgment, which will conclude the proceedings in Case No. STL-11-01.
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For media inquiries, please contact STL Spokesperson at +96171422853 or ramadanw@un.org
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