STL hears in absentia arguments

The Trial Chamber of the STL is to hold its first session Friday to hear arguments from the defence and prosecution in the Ayyash et al case about initiating in absentia proceedings. The Chamber will make a decision based on written submissions from the defence and prosecution and filings from the pre-trial judge. A trial in absentia is a trial that takes place without the accused being present or in the custody of the tribunal. This has not happened in other contemporary international courts. The STL can conduct proceedings in the absence of the accused in these circumstances: If they have waived their right to be present at trial; if they have not been handed over to the tribunal by the State authorities concerned within a reasonable time; if they escaped or cannot be found and all reasonable steps have been taken to secure their appearance before the tribunal and to inform them of the charges. The Trial Chamber will now determine whether there is an intention on the part of the accused to avoid trial.   It will also assess if the accused have been served with the indictment or if they have been given notice of the charges against them through publication in the media or by the communication of the charges to the State where they are residents/nationals. If these requirements have been met and after considering the arguments of the Prosecutor and the Defence Office, the Trial Chamber will decide whether or not to initiate in absentia proceedings. If the accused are being tried in absentia, all of the rules to ensure a fair trial will still apply.  An accused has the right to designate a defence counsel of their own choosing.  The legal fees will be paid for by the accused or by the STL if the accused is found to have insufficient funds. The accused have the right to request a new trial at any stage during an in absentia trial.