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The Special Tribunal for Lebanon, which is based in The Hague, today began hearing "contempt of court" and "obstruction of justice" charges against two Lebanese journalists, Karma Khayat, the deputy news director of Al-Jadeed TV, and Ibrahim Al-Amin, the editor of the daily Al-Akhbar. The companies that own the two news organizations are also charged.
Represented by British lawyer Karim Khan, Khayat told Judge Nicola Lettieri that the media had a "sacred right" to seek information and that "our only crime is to have respected the ideals of our profession and to have drawn attention to the court's mistakes."
Khayat and Al-Jadeed TV's parent company, New TV SAL, pleaded not guilty to the charges. In response to a request by Khayat's lawyer, the judge adjourned the case until 16 June in order to give Khayat time to prepare a "solid defence."
Al-Amin did not comply with the summons to attend today's hearing, having previously requested a postponement to better prepare his defence.
In a statement on 24 April, the STL accused the two journalists of "knowingly and wilfully interfering with the administration of justice by broadcasting and/or publishing information on purported confidential witnesses." Khayat and New TV SAL are also accused of "knowingly and wilfully interfering with the administration of justice by failing to remove from Al-Jadeed TV's website and Al-Jadeed TV's YouTube channel information on purported confidential witnesses."
According to the court: "Publishing purported names of witnesses may amount to interference with the administration of justice, because it reduces the confidence of both actual witnesses and the public."
The two journalists are facing possible seven-year jail sentences or fines of up to 100,000 euros, or both.
"We are concerned by the grave charges against these two Lebanese journalists and their news organizations and we stress the importance of freely reported and responsible news coverage in Lebanon's tense political context," said Reporters Without Borders research director Lucie Morillon.
"We urge the STL and Lebanese news providers to work together to ensure that those responsible for former Lebanese Prime Minister Rafic Hariri's assassination are brought to justice."
According to the STL, the charges were brought against Al-Jadeed TV because one of its magazine programmes broadcast a list of 167 names of witnesses in the case against "Ayyash et al" – those accused of involvement in the Hariri assassination. Al-Jadeed TV denies showing either the names or faces of the victims, unlike Al-Akhbar, which did publish them.
Several Lebanese politicians reacted to the charges immediately after they were announced. They include President Michel Sleiman, who personally contacted Khayat's father, Al-Jadeed director Tahsin al-Khayat, to pledge his "commitment to media freedom" and "unconditional support" for Lebanon's media.
A number of parliamentarians, members of the pro-Hezbollah "Loyalty to Resistance" group, voiced support for the two journalists and urged "the government to act quickly to protect the constitution, Lebanon and its institutions," adding: "We are against these STL measures and for media freedom."
Lebanese journalists have also rejected the charges and organized several sit-ins in support for their two colleagues. The journalists' union issued a statement pointing out that the "print media" court is the only Lebanese court that is empowered to rule on media cases.
The union has also pointed out that international media such as the Canadian broadcaster CBC, the German magazine Der Spiegel and the French daily Le Figaro have revealed details about the case based on confidential documents and leaks from within the STL without being charged by the court.
Finally, information minister Ramzi Jreije, a member of the (anti-Hezbollah) Christian party Kataeb, gave a news conference after meeting with a media association called the Order of the Press at which he said: "Whatever the STL's legitimacy, the media have the right to criticize with complete freedom." A few days later, he voiced confidence in "the innocence of the journalists," while urging them to attend today's hearing to "prove their innocence."
In response to the various messages of support, justice minister Ashraf Rifi (a member of the pro-Hariri camp) has said that journalists are required to respect the law even if the Lebanese constitution guarantees media freedom. And he said he would not hesitate to "arrest the two journalists" if the STL requested it.
Rifi brought a complaint against Al-Amin on 2 March accusing him of "insults" and "contemptuous and disrespectful comments about the president" in a newly published article headlined "Lebanon without a president" in which he accused the president and justice minister of corruption.
Launched in 2009, the STL is an international criminal tribunal that was created by an accord between the United Nations and Lebanon under Security Council Resolution 1664 of 14 February 2006. The tribunal's main purpose is to try those accused of the February 2005 bombing in Beirut that killed Hariri and 21 other people.
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