a can be in the middle of the predicted coverage area of the neighboring cell be someone using a mobile on the eastern side of a 6 tory building could connect to a different cell to someone using it on the western side of the ground floor the cell you connect to while walking in the street might not be the one that your mobile connects to while you are using it in the back garden of a house in the same street. so some expertise is required to interpret the call connections and as a further a complication the trial chamber received evidence that lebanon's alpha telecommunication networks predicted best serve rich coverage maps of 2004 in 2005 .

covering indictment period to only around 60 to 70 percent accurate. now that's good enough for the networks commercial purposes but it's not good enough to pinpoint precisely where a mobile is so mobile is connection to a cell that can only approximate where a mobile is and this is only to the extent that it will be most probably connecting to the cell the provides the predicted best coverage area to where the mobile actually is. in this case that was the only evidence that the prosecution had of where the mobiles were that is the personal

a network my balls that the prosecution said said that the fork used a mist about it and we using there was no g.p.s. device to isolate the location and no direct evidence of who was using a mobile and when and where. there were no smartphones in lebanon in 20042005 the case was entirely circumstantial the only exceptions were when witnesses testified as to where they were at a particular time. and the sell side of the mobile connections matched this this was particularly important in pinpointing mr hariri is location when he was under surveillance his bodyguards use their mobiles and the media covered his appearances his office kept records of where he went and when and all of his numerous trips out of lebanon putting these things together together it is possible

to conclusively establish way he was and whether any network mobiles were nearby at the same time if they were the trial chamber could then consider whether the network my balls were conducting surveillance of him or alternatively if their presence there was simply coincidental when compared to where they were before and afterwards for example if mr hariri did visit to the church and the network started connecting to cells covering the church or he went out to lunch and the same thing happened or he traveled to his factor village about 50 kilometers north of beirut in the area and the network mobile's was suddenly connecting to cells along the route on his way there and back patterns emerge and it is the consistency of these patterns that allows conclusions that these things beyond coincidence

the trial chamber hood evidence of all of these facts what is just been said is a way of explaining it in a simplified menna for the purposes of this pronouncement that explained in much greater detail in the summary and in the judgment. the trial chamber heard a lot of evidence about whether the prosecution still side evidence was reliable the trial chamber has concluded that it was sufficiently reliable to use to establish with mobiles generally would. this is reliable enough to establish the patterns of travel of multiple my eyeballs for example if they travel in the same direction in a manner in which co-location is possible and the sample size is sufficiently large to draw this conclusion meaning the more coals the longer the period and the more

they travel. but it is nowhere near 100 percent reliable but this is not necessary to establish these patterns it becomes more important when for season is needed to place someone at a certain place like a particular payphone or a mosque or a tree at a specified critical time if someone is alleged to have used a certain payphone at a particular time and the only evidence of this is that that mobile connected to a nearby sale at a near or at around that time this is family difficult to prove. the prosecution and defense used what a cold cold sequence tables to show the coal connections cells mobiles and takes these extracts from that these are extraction the cold outer records of the telecommunications companies put into tables without days the cold

data records are just strings of in comprehensible numbers. tuning to a fundamentally important matter the standard of proof the prosecution must prove the guilt of the accused beyond reasonable doubt the accused presumed innocent until i 38 of guilt is entered against them. the trial chamber considered every crime and charge against each accused individually determining for h whether the evidence establishes beyond reasonable doubt old fact indispensable to a conviction. the trial chamber judges voted separately on each charge in the indictment and also if necessary to make separate findings on whether each accused was guilty as charged the verdict here is unanimous on each count the trial chamber has assessed each piece of evidence in the context of old related

evidence. taking this approach is particularly important in evaluating the prosecution's telecommunications evidence the evidence against the 4 accused as it really is in almost entirely circumstantial. is only for reviewing the relevant facts in their entirety that the chamber can see patterns that could potentially emerge from which conclusions could be drawn that they are so striking as to be beyond coincidence and hence provide proof beyond reasonable doubt of facts that are indispensable to a conviction the trial chamber is also acutely aware of the difficulties in attempting to assess the reliability and credibility of witness testimony especially in an international sitting through and through interpretation and many is after the attack on mr hariri in evaluating the evidence of each witness.

the turning to the political background and context of the attack the trial chamber received extensive evidence from the prosecution and also the defense of mr hasan hussein hussein a son annecy concerning the political and historical background to the attack on mr hariri mr mollenhauer day mr want to draw a blot mystified senora mr jamel saeed and other put politicians and their benet's officials testified about the events leading to mr hariri is assassination. the trial chamber it is straightest has no role as a trial court in either writing or correcting any version of history that witnesses or anyone may have urged upon it its role is to decide to decide only whether the 4

accused are guilty beyond reasonable doubt of any of the charges on the indictment . the attack on mr hariri however did not occur in the political or historical a vacuum. the trial chamber cannot ignore the background to the attack as providing a possible motive for it motive though is not a legal element of any of the crimes charged for. the assassination by car bombing although a prominent politician who had recently resigned as the prime minister and was preparing to contest the next parliamentary elections was undoubtedly a political act. understanding the political background to the tech give can't give gives context to why mr hariri was targeted in this manner but only as it relates to whether the accused on trial a guilty of any charges any counts charged on the indictment. the evidence showed

syria's overwhelming political military and economic dominance in lebanon after the end of the tragic civil war opponents of the syrian president's presence included mr jones let's druze political faction christians and members of mr hariri zona future movement. mr hariri as political allies vocally supported a united nations security council resolution number 1559 which in september 2004 called for the disarming of militias in lebanon and the withdrawal of foreign troops from lebanon one militia was hezbollah's the soldiers were syrian. the syrians even imposed electoral candidates on mr hariri these were known as the quote syrian deposits and quote. mr hariri resisted he did not want this the syrian government that mr hariri is opposition

also wanted to extend president a meal hodes term limited mandate. this could only be done by the lebanese parliament changing the constitution in august 2004 the syrian president mr bashar al assad effectively ordered mr hariri to support mr la hood's mandate extension stating that syria alone would choose the president of lebanon. in the months before his assassination mr hariri zz allies were publicly calling for an end to the syrian political military and economic dominance over lebanon on his supporters held 3 meetings in the bristol hotel in beirut and issued coals for the indus syrian domination of lebanon on these occurred in september and december 2004 and

a final one just 12 days before his murder that occurred on the 2nd to fairbridge 2005 they's matings came to be known as the bristol group meetings there was also an attack on the lot of mr hariri as political ally and friend mr mollenhauer day on the 1st of october 2004 when a car bomb exploded outside his house mr ahmed a escaped death and was seriously injured in the attack but his bodyguard died another person was seriously injured. witnesses testified that the attack on mr hama day could be construed as a warning to mr hariri and mr jumblatt not to cross the line in relation to the syrian regime. mr hariri resigned as prime minister on the 20th of october 2004 and was planning to run in the may 2005 elections.

he would have been supporting proposing the loosening of syrian domination dominance of a libyan on and they made it withdrawal of syrian troops from lebanon the syrian government halibut was supporting a new electoral law designed to diminish mr hariri is chances of having members of his bloc elected to parliament and hence his prospects of a new term as prime minister the syrian government was also insisting over mr hariri is opposition that he accept the so-called syrian deposits in his electoral list mr hariri also regularly met serious senior syrian officials operating inside lebanon these included the chief of syrian military intelligence in lebanon mr aris to macos ali.

more than. 11 years before his death from $993.00 to $900.00 to 2005 mr hariri paid millions of us dollars and in regular month cash the payments to mr ali. this included significantly a double payment on sunday the 13th of february 2005. the day before the attack on mr hariri life for the payments was seen as a form of blackmail necessary to preserve the relationship the trial chamber is also satisfied that mr lay had a good reason to demand this timely final double payment from mr hariri. the growing opposition to the syrian presence in lebanon threatened syria's interests the trial chamber is of the view that syria and hezbollah may have had

motives to eliminate mr hariri and some of his political allies however there was no evidence that this hezbollah leadership had any involvement in mr hariri is murder and there is no direct evidence of syrian involvement in it the trial chamber also received evidence that hezbollah secretary general mr nuss and house will. and mr hariri had good relations in the months before the attack and that mr hariri supported the disarming of hezbollah as militia only once peace with israel was achieved. for the reasons set out a little later in his pronouncement the trial chamber has found that the date when the conspirators decided to proceed with the attack on mr hariri his life. coincided with 2 important events in early february 2005. these were

1st visit to his home by the syrian deputy foreign minister mr while it in while i'm on the 1st of february 2005 and 2nd the next day a 3rd meeting of the anti syrian opposition at the bristol hotel in lebanon. i turned to judge knowles with who read the next portion of the judgment. that tried to chamber now deals with the victims the explosion had a terrible devastating and dramatic impact and effect on the victims participating in fake temps provided direct evidence of the terrible consequences of the attack. families lost spouses parents siblings keris children and at the close relatives some suffered catastrophic injuries 15 and a half years later the scars remain some still suffer from post

traumatic stress disorder many have permanent injuries there is no doubt that terrorism is one of the most serious and he knows crimes and that the attack was very grave the gravity of the prime encompasses its impact on the victims the harm suffered by the victims the lost lives personal injuries or the loss of a family member cannot be restitute it as a restoration of the original situation of the victim the further the violation is impossible the judgment highlights what happened to many victims the tragedy cannot order reparations but it may identify victims which may

assist them in claim in compensation for a national court or other competent body the trial chamber is satisfied beyond a reasonable doubt that direct and in direct victims suffered harm. the disparity in treatment among the participate in victims adds to. quote compensation unquote in financial for the loss or damage suffered was dramatic some victims received money from a state body are those from the herrera a family who most received nothing victims who provided evidence felt a real sense of injustice because some work compensated while most were not compensation for victims of serious crimes must be appropriate and proportional

to the gravity of the suffered should not depend on the circumstances of the victims their connections employment relationship or insurance scheme as a general proposition the trial chamber agrees that victims of crimes should be intitled to receive a form of statutory compensation the trad chamber at the invitation of the legal representative a victim it's remands the lebanese government of the un declaration of basic principles of justice for victims of crimes and abuses of power of the need for just compensation quote unquote for the fictive of crime it also reminds the lebanese government of the importance of having an adequate

compensation scheme for victims as an alternative a voluntary trust fund could be established to compensate the victims in the cases within the tribunals jurisdiction we now turn to the attack. turning to the attack. detail on the morning of monday the 14th of february 2005 mr hariri left can rate him palettes to attend the morning session of the lebanese parliament shortly after 12 noon he left parliament and went to the cafe plas during late twilight opposite to where he stayed for around 45 minutes at around 12 45 pm he left the cafe and axed his security

detail to prepare his convoy to go back to the palace to attend a luncheon appointment at around 1249 he entered his armored vehicle accompanied by a member of parliament mr bacile fully hard at approximately 1255 as the convoy passed a mix to be she kantor unruh me micht horse in outside the state georgie's hotel the suicide bomber ditto nate it the explosive. mr hariri was driving himself seated next to him was mr bassil friendly. m.p. his car was the 3rd in the convoy behind him were 2 more vehicles and a makeshift ambulance followed the convoy it had been in turn no security

forces or i.s.f. lead escort the explosion occurred around 40 to 50 meters behind the lead vehicle mr herrera's convoy. witnesses describe 2 deep sounds a 2nd apart to huge roarin sound and a wave of hot pressure a huge explosion the sound of an aircraft go in through the sound barrier or a mistrial thrown by a large artillery gun they also described it to like an earthquake the explosion was heard throughout the city up to 25 kilometers away while some could barely remember the ordeal juta the injuries and shock and

describe daters quote unquote dream like many gave a vivid account of the explosion and immediate aftermath it severely damaged nearby buildings so. i beg your pardon such as the age s.p.c. bank 70 to 80 firefighters arrived to try to put out the fire mr frewen they haven't survived the immediate impact of the explosion he was transferred from the american university of beirut medical center to france for treatment where he suck um to his injuries. 2 months later. in february and march 2005 the lebanese military intelligence and in sternal security forces conducted their own investigation

and then man a cease of the explosion. from the way in a request from the lebanese prime minister the u.n. secretary general dispatched a fact finding mission to bear root to inquire into the causes the circumstances and the consequences of this assassination the investigation was not conducted according to international standards it was a recent aged disorganized and there was a chaotic approach to the crime scene investigation particularly in the initial period after the explosion the crime scene was not properly secured critical evidence in the form of the vehicles in mr herrera's convoy were removed by the i.s.f. from the crime scene on the very evening of the attack to trucks and other heavy

duty vehicles drove on to the crime scene in order to do this the crime scene was the damage it was and was so unnecessary there was no urgency the tragedy but finds in comprehensible what happened there was no proper coordination of the initial investigation there was in the trial chamber's few no coordinated procedure to search for missing persons in the days following the explosion the body of one victim was found only after repeated attempts by is family to search for him at the crime scene on their own and on one occasion with search dogs which they brought on site and paid for it

themselves. they found his bodies some 17 days afterwards another victim's body was found the day after the explosion and was probably alive for 12 hours afterwards and may otherwise have survived had he received timely medical treatment in the year after the explosion international forensic teams from switzerland the netherlands the united kingdom and spain assisted the international investigators from the u. in fact finding mission and the triple i.c. that its be united nations international independent investigation commission that was established by the security council in april 2005 it to

sustain the lebanese investigate in or 3 days until february 2009. the trial is however satisfied that the lebanese office sends an expert. but assisted by multiple international forensic teams conducted some fara and successful investigations into various aspects of the explosion and of and in very difficult circumstances this included explosives but mistakes in forensic crime scene investigation including lebanese volunteers and international underwater dive in teams than experts in identifying vehicle parts and forensic science and human identification the various investigations collected key evidence at the crime

scene such as the vehicle parts and some of the human remains the gross deficiencies in the initial investigation in our view did not affect in any material manner the evidence underlying the issues that require the trial chamber's deliberation on the guilt of the accuse however strong lessons must be learned from what a carrot. we now move on to the explosion they attack was a determination reaction of high explosives the damage and destruction to the st george's them big loss hotels demonstrated the nature of the explosion. the scent george's hotel for example suffered a bend column.