YouSaid · the spoken record

Bellemare

lines on the record: 33
first: 2008-04-08
most recent: 2008-12-17
sittings or episodes: 2
sources: un-security-council

Every line below is reproduced as it was said and linked to the record it came from. Nothing here is summarised or generated. Directory · Search · Corrections

“With the members of my team, I am committed to this process. The search for the truth is a process that is well worth pursuing. The day when I no longer believe that we can make progress, I will say so. However, in the meantime, What I said to my team on my first day on the job continues to be very much applicable: I did not come out of retirement to be associated with a failure.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“As we all know, the investigative process is long and, at times, fastidious. Accordingly, donor countries are entitled to ask the question: Is it worth continuing? Once again, my answer is unequivocal: absolutely! The investigation at the Tribunal must indeed continue in all the cases within the Commission's current mandate so that I, as Prosecutor, can establish which ones are connected to the Hariri case in the manner required by the Tribunal's statute. While progress has been made, more must be done. As well-intentioned and committed as it is, the Commission cannot do that alone; it needs help - information, resources and expertise. Let me say this one more time: Member States that can help must share the responsibility in the investigation; they have an obligation to help the investigation.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“If transferred to The Hague, the detainees will then be in a position to seek new remedies before the Tribunal. Meanwhile, as Minister Najjar said, no one gives orders to the Lebanese judiciary. Having addressed the progress of the investigation and the timing of eventual indictments, one question remains, and this question is on everyone's mind. Is there a case or will there ever be a case? To put it differently, can this case be solved? There is no such thing as a perfect crime, and the process that I am involved in supports this assumption. This investigation is probably one of the most difficult in recent times. Nobody can give guarantees, nor should we expect any. There are too many variables. So, can this case be solved? While no one ever said it would be easy, my answer to this question is unequivocal: yes, this case can be solved.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“I cannot conclude my presentation without referring to the situation of the detainees in the Hariri case. This is an issue that is of interest to many, and rightly so. I can assure the Council that this is an issue that is also important to me. As I mentioned in my report, the Commission has continued to share with the Lebanese authorities all the information required to allow them to make a decision on the detainees. Moreover, the detention has been discussed with the Lebanese judicial authorities, with whom I have shared my views. Again, I can only reiterate, as the Minister of Justice of Lebanon forcefully did during a recent television interview, that the Commission gives information to the Lebanese judicial authorities, but that the power of the judicial authorities is absolute on these matters.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“In coordination with the Registry, the infrastructure must be made ready to receive staff members, their offices need to be furnished and systems must be made operational. Transition is a process - a process that requires a large degree of coordination with the Registrar and his staff and that must be supported by complex and elaborate logistics. It should therefore not be surprising that a transition period to achieve this move in an orderly fashion. This is why I am requesting that the mandate of the Commission be extended for two months until 28 February 2009. During this period, the Commission will continue to operate in Beirut while its staff and assets are progressively moved to The Hague. By the date set by the Secretary-General, staff, including myself, will be fully installed and operational.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“First, it would allow the momentum of the investigation to be maintained. Rather than have a two-month gap between the end of the Commission's activities and the start of the Tribunal's, the investigation could continue as seamlessly as possible from one institution to the other. Secondly, the extension would also provide a period of time in which the Commission could 3 gradually transfer its investigative operations from a Beirut base to a base in The Hague, several thousand kilometres away. This is not something that can happen overnight. Such a move has to be planned and well- orchestrated. While the investigation continues, staff members have to be transferred and new ones have to be hired.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“As much as I would like to, I cannot predict when all the various elements of evidence required to support an indictment will be discovered, nor can I predict when individuals who have more information relevant to the investigation, or who know what happened, will step forward. Accepting this uncertainty, we must continue to be determined and resolute. We must stay the course on all the cases within the Commission's mandate. As the Council knows, at the end of last month, the Secretary-General announced that the Tribunal was fully on track to commence functioning on 1 March 2009. The mandate of the Commission is set to expire on 31 December of this year, but I have sought a two- month extension to allow the Commission to continue to function until the day the Tribunal starts its operation. This extension would serve two objectives.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“They want to know the exact nature of the progress achieved; they want to know what the Commission has discovered so far and what leads are currently being pursued. I have said as much as I can, responsibly. It must be remembered that lives are at risk. I will not argue my case in the media or in public, and I know that that is not what is expected of me. When I am ready, I will present my case to a judge who will decide whether I have sufficient evidence to proceed with indictments. Unfortunately, I cannot predict when the investigation will be completed. While I can direct the pace of the investigation, I cannot dictate its progress.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“Since then, the Commission has identified new information that may allow us to link additional individuals with the network. Progress has also been made in relation to identifying the geographical origin of the suicide bomber in the Hariri 08-6561] case and extensive work has been concluded in relation to our inventory of exhibits. In relation to the other attacks, there have been two main developments. First, the Commission has found additional elements to corroborate the links already found between the Hariri case and some of the other attacks. The second development is that the Commission has found elements to link one additional attack to the Hariri case. I know that people want to have more details.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“Indeed, he has determined that, in light of all the circumstances, the time had come for the investigation to move to its international phase, and that the time had come for the Prosecutor to take on the lead from the Lebanese authorities in the Hariri investigation. The Prime Minister of Lebanon has confirmed that Lebanon - for which, and at the request of which the international Tribunal was established - is content with this commencement date. Progress has been made in the investigation since my last report. Let me summarize what I can say publicly about this progress. In relation to the Hariri investigation, I stated before that we had gathered evidence establishing that a network of individuals acted in concert to carry out the assassination.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“Of course, the second phase cannot begin before the first one is completed. Thus, when I become Prosecutor, it should not be surprising to see me continue as an investigator. This is the very nature of the process. The investigation continues. Fast-food justice is not on the menu. And let me be clear: There will be no indictment of convenience. The fact that it was contemplated all along that the Prosecutor would continue his investigation after the creation of the Tribunal provides a useful context to the decision of the Secretary-General to announce the start of the Tribunal.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“It is therefore not surprising that, when the Secretary-General announced that the Tribunal was fully on track to start functioning on 1 March 2009, people immediately thought that this meant that indictments would be filed and that a trial would start soon thereafter. At this point, it might be useful to clarify the process. A good way to try to remove this confusion is probably to explain my future role as Prosecutor. As Prosecutor of the Tribunal, I was given two distinct responsibilities: first, the responsibility to investigate, and secondly, the responsibility to prosecute. Accordingly, those who established the Tribunal in 2007 foresaw that there would be two successive phases in the process before the Tribunal: an investigation and eventually, a prosecution.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“Indeed, once created, the Tribunal will be expected to act independently, according to rules of procedure and evidence based on recognized principles of international law. It should not be allowed to be politicized. In that regard, during a recent interview with the Al-Arabiya television station, the Minister of Justice of Lebanon, Mr. Ibrahim Najjar, reminded viewers that the Tribunal cannot and should not be used as a political tool. There is some confusion about the Tribunal and what will happen after 1 March. Much of that confusion results, in my view, from the terminology. 08-6561] For many people, the word "tribunal" equates with "trial".”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“The public must believe that the Commission is professional, that it operates according to the highest international standards, and that the process it follows is objective, neutral and impartial. Understandably, emotions are high, but there is no room for emotion or sentiment in this fact-driven process. While there is anxiety and impatience, the process must be allowed to follow its course. And, more important, while the process may have political fallout, it must not be influenced by politics. The paradox is that the elements that make the process credible are the very same that make it frustrating for observers. While the creation of the Special Tribunal for Lebanon may at the outset have been a political decision, the response that it is expected to provide will be a legal response, not a political one.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“Mr. Bellemare: It is my honour to present to the Council today the eleventh report of the International Independent Investigation Commission. As requested, it outlines the progress made in the investigation of the assassination of former Prime Minister Rafiq Hariri and other attacks that fall within the mandate of the Commission since my last report to the Security Council on 28 March 2008. Public confidence is essential to the credibility of any investigative or judicial process. The public, be it the people of Lebanon or the international community, must believe in the process that has been set up to find the truth, to achieve justice and, eventually, to put an end to impunity.”
2008-12-17 · UN Security Council · Security Council, S/PV.6047 (2008) · source
“My relationship with him is based on trust, and that trust is based on the confidentiality of our discussions. I also understand, from recent media reports, that the matter may soon be litigated before an international tribunal, which is yet another reason for me not to comment further.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“Mr. Bellemare: I thank the representative of the Russian Federation for his question. The first thing that I would like to say is that the situation of the individuals he referred to results from a decision that was made by the Lebanese judicial authorities according to Lebanese criminal law. It is not for me to second-guess their decision. I have continued to provide the Lebanese judicial authorities with all the information we have, so that they can make their own assessment on the continued detention. I have discussed the matter with the Prosecutor General of Lebanon; but the Council will understand that I will not comment publicly on my discussion with him. The Prosecutor General is the highest judicial investigative authority in Lebanon, and he is my main interlocutor.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“With the continued assistance of Member States and the ongoing support of the Lebanese authorities, I can assure the Council that no effort will be spared to expedite the process as much as humanly possible.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“That would give the Commission the needed time to continue its investigation. It would also provide a desirable measure of stability and predictability for our staff. In conclusion, let me say that any unnecessary delay in finding the truth and bringing the perpetrators to justice must be avoided. But, as I have mentioned before, the search for justice must be allowed to follow its course. In saying so, I understand and share the frustration of the surviving victims, the families of the deceased and the people of Lebanon who expect quick results. Though legitimate and understandable, that frustration must not be allowed to undermine the trust and the confidence that members of the international community and the people of Lebanon have placed in the Commission and in its process.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“Indeed, not only must the Prosecutor stand apart from such considerations, he or she must stand above them, and be fully prepared without fear or favour to contradict them or to challenge political pressures which may seek to influence the course of justice." That being said, however, ideally the time between the establishment of the operations of the Tribunal and the eventual filing of indictments should be as short as possible. That is the reason why the progress of the investigation becomes such a crucial element in determining when the Tribunal will commence its operation. As a result, while the preparatory steps for the establishment of the Special Tribunal for Lebanon are continuing, I would request this Council to consider extending the Commission's mandate beyond the date of 15 June 2008.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“As Prosecutor Designate of the Tribunal, I will only state that the filing of eventual indictments will not be immediate after the establishment of the Tribunal. The admissible evidence will have to be carefully and objectively considered in light of the applicable prosecution threshold. No one can predict or dictate how long this process will take. As Louise Arbour said when she was Prosecutor at the ICTY: "An independent Prosecutor must be able to stand apart from national politics, the interests of individual States and the goals of any particular foreign policy.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“In that regard, the Commission would like to note, however, that the sooner its assistance is requested, the more likely that technical assistance can be meaningful. The mandate and the work of the Commission are ground-breaking. Methods of investigations used in a traditional domestic setting have to be adapted to the existing environment. Operational imperatives or administrative challenges like staff recruitment and retention must be addressed with creativity. The Commission's needs and requirements may often stretch the limits of existing United Nations policies. Off-the-shelf solutions are not necessarily suited to the pursuit of a precedent-setting mission like ours. Every day we must adjust, invent and create new ways to advance our operations. Much is said and written about the Tribunal.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“Our priority is now to gather more evidence about the Hariri network, its scope, the identity of all of its participants, their links with others outside the network and their role in the attacks. In relation to the other attacks that fall within its mandate, the Commission has continued to assist the Lebanese authorities in providing a number of measures of technical assistance, ranging from forensic analysis to reviewing imagery materials. The Commission has continued to investigate possible links between those cases and the Hariri case. The technical assistance provided to our Lebanese hosts is not only meant to support the cases at hand; it is also designed to allow the Lebanese authorities to build capacity for the future.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“The direction of the investigation has not changed, and the Commission is still investigating crimes that are politically motivated. Secondly, while previous reports have referred to the hypothesis of a network, what is new this time is that we now have the evidence of the existence of such a network and of its links. 3 The Commission has also gathered evidence that the Hariri network existed before the Hariri assassination; that it conducted surveillance of Mr. Hariri before his assassination; that it operated on the day of Mr. Hariri's assassination; and that at least part of the network continued to exist and operate after Mr. Hariri's assassination.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“First, in relation to the investigation of the Hariri case and the 22 others who were killed during the attack, the Commission can now confirm, on the basis of evidence, that a network of individuals acted in concert to carry out the assassination of Rafiq Hariri and that this network - which has been referred to as the "Hariri network" - or parts of the network are linked to some of the other cases within the Commission's mandate. It is probably useful for me to pause at this time and to clarify two points. First, let me say a few words about the use in the report of the words "criminal networ ". Those words should be read in the context of the whole report, which clearly refers to a terrorist investigation.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“That is why it is both useful and important to send the clear message that the search for justice cannot be rushed - it must follow its course. Any illusion of immediacy must be dispelled. Our progress is neither slow nor immediate - it is deliberate. With that in mind, let me now update the Council on the progress made in the past four months, including new developments in the Commission's work and challenges ahead.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“08-29745 However, we have every intention of being transparent, to the extent possible, without jeopardizing the security or the safety of those who want to cooperate with us - and who may eventually be called upon to appear before the Tribunal - and the security and safety of our staff. Transparency is essential to maintain the confidence of the public in the Commission as an institution and the trust in its operations. Public expectations are high. That is understandable. The many steps taken towards the creation of the Special Tribunal for Lebanon may have created an impression that the conclusion of the investigation was imminent. In addition, public speculation on the timing of possible indictments may also have fuelled the rising expectations. Regrettably, we cannot prevent speculation, but public expectations must be addressed.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“In doing so, they can be forthcoming and proactive; their assistance does not have to be predicated on the existence of specific requests made by the Commission. Members of the Security Council are familiar with the constraints faced by the Commission regarding the disclosure of its findings. The Commission has to constantly find a delicate balance between its reporting obligations and the need to preserve the confidentiality of the investigation. The need for confidentiality is obvious; it is necessary to maintain the integrity of the process. Indeed, the Commission cannot ignore the fact that the perpetrators are watching every move it makes.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“The Commission is an independent body. It was created to help put an end to impunity in Lebanon by making sure that the perpetrators of the attacks falling within the mandate of the Commission have no safe haven and that they are eventually brought to justice. Independence, however, does not mean isolation; nor does it mean that the Commission operates in a vacuum. Quite the contrary, because the Commission is acting under the flag of the United Nations, it is also acting on behalf of Member States. Member States have provided assistance to the Commission when their assistance was sought. I thank them for their support. Indeed, Member States should continue to ask themselves whether and how they can assist the Commission.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“With that in mind, the Commission will yield to no pressure, political or otherwise, and the identification of suspects will be based on sound legal standards supported by concrete evidence. Acting under the flag of the United Nations, it is against that uniquely challenging backdrop that the Commission advances its mandate in a neutral and objective manner. In doing so, the Commission must continue to keep an open mind and not presuppose the outcome. As Carla del Ponte once said, "facts are pieces of truth on the way to justice". In its search for truth and justice, applying basic principles of fairness, neutrality and impartiality, the Commission must be guided by facts and evidence. Everything else is irrelevant. To act otherwise would be to fail the international community and, in particular, the people of Lebanon.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“Bombings have continued, with two more deadly attacks that have been added to the Commission's mandate since the last report. Our investigation involves a series of terrorist attacks which have killed 55 people and injured over 420. The magnitude of the attacks, their continuing nature and the fact that investigations are conducted in an environment dominated by ongoing security concerns add to the challenges facing the Commission. Members may rest assured, however, that the Commission will not be deterred by the prevailing violence. On the contrary, each attack increases the resolve of the men and women of the more than 60 countries that have answered the call for help and are 08-29745 fully committed to bringing an end to impunity in Lebanon. My mission's overarching principle is to ensure that justice is done.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“As requested, it outlines progress made since 28 November 2007 in the investigation of the assassination of former Prime Minister Rafiq Hariri and the 22 others who were killed during the attack, and of other attacks that fall within the mandate of the Commission. Since this is the first time I am addressing the Council both as Commissioner and as Prosecutor Designate, I would like to take this opportunity to share a few thoughts on how I approach my role. The mandate that the Council gave the Commission in 2005 is particularly challenging. Not only is the investigation objectively very complex, it is also being conducted in a politically charged climate and in an extremely volatile environment. Unfortunately, the establishment of the Commission has not had an immediate deterrent effect on terrorists.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source
“Mr. Bellemare: "Terrorism is never justifiable on any ground... It hurts all nations - large and small, rich and poor. It takes a toll on human beings of every age and income, culture and religion." Those are the words of Secretary-General Ban Ki-moon. Those words act as a constant reminder for the members of the Commission over which I have the honour and the privilege to preside. This is my first appearance before the Security Council since I took office last January. I would like to thank members for the opportunity to brief the Council on the progress made by the International Independent Investigation Commission. It is my honour to present today the tenth report of the Commission.”
2008-04-08 · UN Security Council · Security Council, S/PV.5863 (2008) · source