S/PV.5539 Security Council

In accordance with the understanding reached in the Council’s prior consultations, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Serge Brammertz, Commissioner of the International Independent Investigation Commission. There being no objection, it is so decided. I invite Mr. Brammertz to take a seat at the Council table. The Security Council will now begin its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them document S/2006/760, which contains a letter dated 25 September 2006 from the Secretary-General addressed to the President of the Security Council, transmitting the report of the International Independent Investigation Commission. I now give the floor to Mr. Serge Brammertz, Commissioner of the International Independent Investigation Commission. Mr. Brammertz: I am grateful for the opportunity to present the report of the International Independent Investigation Commission (S/2006/760, annex). Like the previous reports, this report provides a snapshot of the Commission’s work over the past three months and of its ongoing activities. It gives only as much detail as is possible in view of the underlying need to preserve confidentiality and investigative leads. The reporting period was marked by the conflict in Lebanon. As a result, and in accordance with United Nations security regulations, the Commission’s international personnel were required to leave Lebanon on 21 July 2006. The Commission relocated to a temporary base in Cyprus, where activities resumed almost immediately upon arrival. The gradual process of returning international personnel to Lebanon has already started. Despite this situation, the Commission has made progress in its investigation of the killing of former Prime Minister Rafik Hariri and 22 others and in the expanded technical assistance it provides to the Lebanese authorities in the investigation of certain other crimes. In the Hariri investigation, 20 major investigation and analysis projects are ongoing. The previous report (S/2006/375, annex) concentrated on the extensive forensic examination of the crime scene and of the blast that killed Mr. Hariri and 22 others. Over the past month, the focus has been on consolidating the results of that examination and on conducting a significant number of interviews with a view to identifying the perpetrators at all levels. The DNA analysis conducted on the human remains found at the crime scene produced crucial results. Several of these remains appear to correspond to the person that allegedly detonated the improvised explosive device, a man in his early twenties. Further forensic tests are taking place to possibly establish the regional origin of that person; his DNA is being compared with existing DNA databases in several countries. Independent tests carried out in two separate environments earlier this year, as well as scaling explosion experiments have corroborated the findings of the Commission with regard to the characteristics and nature of the explosion of 14 February 2005. In its previous report, the Commission indicated that the minimum quantity of explosives used was 1,200 kilogrammes. Subject to final results, it is now estimated that the quantity of explosives used would have been closer to 1,800 kilogrammes. The Commission has also reached preliminary conclusions about a number of issues that were previously unclear. For instance, two sounds were heard by some witnesses on 14 February, while there was, according to our findings, only one explosion. There are scientific explanations for this phenomenon. The Commission continues to investigate the modus operandi used by the perpetrators. It is examining information suggesting that Rafik Hariri was the subject of earlier surveillances and possibly of earlier attempts to kill him. It is likely that the alleged bombing team knew that electronic countermeasures were in place to protect the convoy and Rafik Hariri and that they chose a method of attack that would not be impeded by such countermeasures. The reduced security arrangements for Rafik Hariri after his resignation as Prime Minister created a number of vulnerabilities enabling the attack to be perpetrated more easily. As a priority, the Commission is analysing and investigating the communications traffic relevant to the case and its international aspects. They demonstrate a complex network of telecommunications traffic between a number of individuals relevant to the investigation. Thanks to its communication analysis, the Commission understands better the preparatory aspects of the attack, notably of the activities and locations of the six SIM card holders alleged to have been part of the bombing team. This work remains ongoing and is one of the areas where comparative analysis with the 14 other cases is being pursued. The Commission’s strategic objectives for the coming months are to undertake approximately 50 key linkage-related interviews, collect and analyse a large amount of already identified electronic data, technical intelligence and documentation and develop its communication and further sensitive sources. In Security Council resolution 1686 (2006), the Council expanded the Commission’s mandate in relation to the technical assistance it provides to the Lebanese authorities in 14 other cases. The Commission has increased the resources it devotes to this technical assistance and has concentrated on three main areas. The first area is in forensic investigation and analysis for each case to establish the nature and location of the explosive devices used. Forensic evidence in these cases is being compared with that of the Hariri case, for example by using common fingerprint and DNA databases. The second area is, as already mentioned, the communications analysis. The objective is to lift, from the vast amount of communications traffic in Beirut during the period of the attacks, those numbers common to some of the attacks, and to link other relevant numbers. The third area concerns the conduct of interviews where the interviewees can provide information on individual cases as well as on multiple cases’ commonalities. As a result of the work done during the reporting period, the Commission has strengthened its preliminary conclusions that the 14 cases were not commissioned and executed by 14 disparate and unconnected persons or groups with separate motives. The Commission anticipates that further links between these cases will become evident upon further collection of information and evidence. The Commission has continued to interact closely with the Lebanese authorities — the Government of Lebanon, the Prosecutor General and his senior staff, the investigating judges assigned to the cases, as well as with the liaison officer appointed by the Internal Security Forces. The Commission has continued to share with the competent Lebanese judicial authorities all relevant documentary, testimonial and physical information obtained in the course of its investigation, including information relevant to individuals who are detained and the assessment of the credibility of witnesses. The Commission is grateful to the Lebanese authorities for the outstanding support and work undertaken, especially considering the particularly difficult circumstances that marked the reporting period. The Commission requires the assistance and full support of States on technical, legal and judicial matters relevant to the investigation. Between 15 June and 15 September 2006, a total of 39 new formal requests for assistance were sent to 12 different Member States and international institutions. Most Member States responded in a positive and prompt manner to the Commission’s requests, providing forensic technical assistance, technological support and tracking and analysis of telephone communications and facilitating witness interviews. Pursuant to the common understanding reached between the Commission and the Syrian Arab Republic earlier in the year, Syria’s cooperation with the Commission has continued to be timely and efficient. During the reporting period, the Commission submitted 11 formal requests for assistance to Syria, seeking information and documentation about certain individuals and groups. Syria also provided documentation relating to experiments it conducted concerning the properties and impact of various controlled explosions. Follow-up meetings have taken place with experts from the Commission to discuss these experiments. The level of assistance provided by Syria during the reporting period remains generally satisfactory. The Commission is satisfied with the progress made so far in the investigations and will continue to obtain the best possible results throughout the next reporting period and until the end of the current mandate in June 2007. These results can be achieved only with the continued support of all States. In this context, three areas are of particular importance. The first area is requests for assistance. During the last six months, more than 70 requests were sent to States for their assistance, and the Commission anticipates sending more such requests. Timeliness of answers by States remains of paramount importance, especially in light of the time constraints the Commission faces. The second area is witness protection. Witness protection measures are crucial to the further development of the investigations. The Commission is putting in place such mechanisms in order to allow more individuals with appropriate knowledge to step forward and assist it in this sensitive area of its work. The third area of particular importance is resources. Strengthening the Commission’s institutional capacity is critical. Recruiting and retaining competent personnel remains a concern, as this affects the Commission’s ability to fulfil its mandate in a timely manner. The Commission trusts that the Security Council and all States will continue to support it in managing these and other challenges.

I shall now give the floor to the representative of Lebanon.

We come to the Security Council once again to debate the report of the International Independent Investigation Commission (IIIC) on the assassination of the martyred Prime Minister Rafik Hariri. We must renew our thanks and appreciation to the Council for having so closely followed this question since the first days following the major earthquake of the assassination of the late Prime Minister Rafik Hariri. Allow me to express our thanks also to the IIIC, to its Commissioner and its members. We commend their tireless efforts and their perseverance. Allow me to pay special tribute to Mr. Serge Brammertz, who enjoys wide respect and appreciation. We believe that the report before us reflects professional, precise work. We welcome the progress on the various aspects of the investigation into the assassination of Mr. Hariri, as well as the other crimes within the Commission’s terms of reference. We hope that progress in the investigation will continue and that cooperation with all relevant parties will strengthen and improve. With the continuing investigation, the Government of Lebanon, in cooperation with the Under-Secretary-General for Legal Affairs, Mr. Nicolas Michel, and his assistants, is working to set up a court with an international character, which we hope will find support and assistance from the Council. The idea of such a court enjoys firm and wide unanimity in Lebanon and is of utmost importance to the Lebanese people. Lebanon hopes that it will no longer be a place for political assassination, a situation that we have long suffered. Finally, I should like to renew our thanks to Mr. Brammertz and his assistants. We stress that just as Lebanon was able, with the help of the Council, to rid itself of Israeli aggression, it will continue to insist on the complete uncovering of the truth of this major crime of the killing of Prime Minister Hariri and his companions, as well as crimes before and following that assassination. The prosecution of those implicated in the assassination of the late Prime Minister in a court with an international character is desirable. We rely once again on the will and insistence of our people as expressed in its Government and on the Security Council and all those who uphold justice in the world.

I now give the floor to the representative of the Syrian Arab Republic.

In accordance with the understanding reached in the Council’s prior consultations, I should now like to invite Council members to informal consultations to continue our discussion on the subject.