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    Middle East
     Dec 3, 2010


Beware false witnesses in Lebanon
By Sami Moubayed

DAMASCUS - When the Syrians issued an arrest warrant for Lebanese Colonel Wisam Hasan earlier this year, along with 32 other Lebanese figures, many in the ruling March 14 coalition in Beirut cried foul play.

This man, as far as the Hezbollah-led opposition was concerned, was part of a ring of false witnesses who had all lied under oath and distorted facts before an international United Nations-backed commission charged with investigating the 2005 murder of Lebanon's ex-prime minister Rafik al-Hariri.

That investigation had tried to blame the Syrians for Hariri's murder and has recently been trying to point figures at members of Hezbollah. However, a groundbreaking report released by the Canadian Broadcasting Corporation (CBC) on Sunday indicates

 

that Hasan indeed had been a false witness, and that the Syrians were right, after all

Hasan, the current intelligence chief at the Internal Security Branch in Lebanon, was described by the CBC report as a "puzzling, even feared figure in his own country". The CBS obtained classified files from the UN proving that when testifying before interrogators, Hasan's alibi had been "flimsy, to put it mildly".

Hasan had been in charge of Hariri's security when Hariri was killed by a massive explosion in Beirut on February 14, 2005. Strangely enough, according to UN investigators who drilled him in July 2005, Hasan had not shown up for work on that fateful day, claiming that he was enrolled in a computer course, Management Social et Humaine, at the Lebanese University.

He had said that one day before the assassination his professor had called him, saying that he had to sit an examination on February 14. That raises the first serious question mark: senior Lebanese officials do not go to classes or sit for exams with other students, and professors do not call students 24 hours in advance to tell them that they have to take exams the following day. Students are usually informed of their exam times well in advance, certainly not by phone through their professors.

According to Hasan's story, 20 minutes after speaking to his professor, Hariri had summoned him and he arrived at his boss' residence at 9:30 pm, obtaining permission to attend the exam on February 14. He claimed to have spent the next morning studying for the exam and turned his phone off when he walked into the university, during which, the massive explosion took place next to the St Georges Hotel in the heart of Beirut. Hasan told investigators, "If I wasn't sitting for that exam I would have been with Mr Hariri when he died." The CBC twist, however, based on UN files, tells a different story.

First, it was clear from Hasan's phone records that he called his professor, not the other way around, and that the phone call was made after he met Hariri at 9:30 pm, not before. Second, the cell towers around Hasan's home show that on February 14, he spent the hour before Hariri's assassination talking over the phone, rather than studying as he had originally claimed. He made a total of 24 calls, an average of one every nine minutes.

In 2008, UN investigators prepared a report challenging Hasan's alibi, recommending that he be brought in for detailed questioning. They claimed "his alibi is weak and inconsistent" and according to a confidential UN report obtained by CBS, Hasan is "a possible suspect in the Hariri murder".

The UN report, it must be noted, was prepared by chief investigator Garry Loeppky. The probe's second commissioner, Serge Brammertz, curtly refused to drill Hasan as a suspect, considering him too valuable a contact in Lebanon to alienate. According to CBC, questioning him for his alibi would have been "too disruptive" for the Hariri affair investigation. As a result, "the UN commission's management ignored the recommendation".

The entire ordeal adds more confusion to the already chaotic scene in Lebanon. First it supports the Hezbollah argument that questions what kind of an international investigation would allow files and documents are "leaked" to mainstream media.

The fact that files have indeed been leaked to the press could compromise the entire investigation. If CBC has access to files, then so may intelligence agencies around the world, meaning that the probe is politicized.

This summer, Israeli chief of general staff Gabi Ashkenazi hinted that he knew what the Special Tribunal for Lebanon (STL) was going to say, "predicting” indictments that would create an earthquake in Lebanon. If Der Spiegel, Le Figaro, Ashkenazi and CBC all have access to the Hariri files, what kind of impartial or serious investigation is the UN presiding over in Lebanon?

Second, an impartial probe would not eliminates prime suspects from the interrogation loop, because of their current standing, and should spare nobody in pursuit of the truth. It had already refused to even consider Israel as a suspect in the Hariri murder, much to the anger of many Lebanese who remember how often Israel has killed senior figures in their country in complete breach of international law.

Hezbollah chief Hasan Nasrallah presented audiovisual documents in August showing that Israel had been monitoring Hariri prior this death, claiming that this evidence should be used to open a serious inquiry with the Israelis over the Hariri affair. Today, nearly four months later, not a single Israeli official has been questioned by the UN probe.

March 14 members who for years had rallied rank-and-file behind the UN probe found themselves in a very awkward position after the CBC report was published on Sunday, immediately lashing out against it. Prime Minister Saad al-Hariri, who still relies heavily on Hasan, came to his defense, saying that the man's loyalty "was beyond doubt".

March 14 figures did not have the nerve to call the CBC report doctored or false, however, given that no such statement was issued by the UN. All that the UN did was let its lawyer, Stephen Mathias, warn the CBC reporter that it was going to raise the matter before Canadian authorities, claiming that he may have obtained leaked UN documents in violation of international agreements.

Joel Simon, the executive director of the Committee to Protect Journalists, noted, "If the UN has an issue with the leak they need to pursue that within the United Nations and not target journalists who have an obligation to use this kind of information to inform the public."

Syria apparently was not "inventing" the false witnesses story against Hasan and his comrades, as senior figures in March 14 have been saying. These men appear to have lied under oath before international justice. If the UN intends to maintain what remains of its integrity, the least it can do ... is do something about it.

Sami Moubayed is editor-in-chief of Forward Magazine in Syria.

(Copyright 2010 Asia Times Online (Holdings) Ltd. All rights reserved. Please contact us about sales, syndication and republishing.)


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