VZCZCXRO6148
PP RUEHAG RUEHBC RUEHDE RUEHKUK RUEHROV
DE RUEHLB #0109/01 0271616
ZNY SSSSS ZZH
P 271616Z JAN 09
FM AMEMBASSY BEIRUT
TO RUEHC/SECSTATE WASHDC PRIORITY 4075
INFO RUEHEE/ARAB LEAGUE COLLECTIVE
RUCNMEM/EU MEMBER STATES COLLECTIVE
RUCNDT/USMISSION USUN NEW YORK 3390
RUEHNO/USMISSION USNATO 3597
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC

S E C R E T SECTION 01 OF 03 BEIRUT 000109 
 
SIPDIS 
NOFORN 
 
DEPT FOR NEA/FO, NEA/ELA 
ALSO FOR IO PDAS WARLICK 
P FOR DRUSSELL AND RRANGASWAMY 
USUN FOR WOLFF/GERMAIN/SCHEDLBAUER 
NSC FOR MCDERMOTT 
 
E.O. 12958: DECL: 01/26/2019 
TAGS: PREL PGOV PTER PINR UNSC LE SY
SUBJECT: LEBANON: UNIIIC COMMISSIONER ON THE FOUR GENERALS, REQUEST FOR ADDITIONAL SYRIA-LINKED INFORMATION
 
REF: USUN NEW YORK 000044 
 
Classified By: Ambassador Michele J. Sison for reasons 1.4 
(b) and (d). 
 
SUMMARY 
------- 
 
¶1. (S/NF) UNIIIC Commissioner Daniel Bellemare explained to 
the Ambassador in a January 26 meeting the issues surrounding 
the release or transfer to The Hague of the four generals 
currently in Lebanese custody in connection with former PM 
Rafiq Hariri's assassination.  According to Bellemare, the 
Special Tribunal for Lebanon (STL) has 60 days starting March 
1 to request a transfer of the generals from Lebanese custody 
to the STL.  Once they are transferred, Bellemare suspects he 
will face pressure by the STL to bring a case against the 
generals or release them.  Replying "no comment" on whether 
he has enough evidence to bring a case, he nonetheless went 
on to say that if the judges were released in the 
Netherlands, he (and the Dutch) fear they could seek asylum 
from the Dutch government.  If Bellemare does not request the 
transfer, the Lebanese could continue to detain the generals, 
in the face of mounting public pressure, or release them. 
Bellemare stressed the need for information from the U.S. to 
assist him in his final investigations in Syria under Chapter 
VII authority.  Bellemare also raised internal UN management 
issues that continued to soak up his time.  End summary. 
 
WHEN TO RELEASE 
FOUR DETAINED GENERALS 
---------------------- 
 
¶2. (S/NF) The Ambassador, accompanied by LegAtt and PolOff, 
met with UNIIIC Commissioner Daniel Bellemare in Monteverde 
on January 26.  Bellemare explained that the Special Tribunal 
for Lebanon (STL) has 60 days starting March 1 to request the 
GOL to transfer the four generals, currently held in Lebanese 
custody in connection with the assassination of former PM 
Rafiq Hariri, to the STL in The Hague.  Bellemare, carefully 
asserting that he had "no comment" on whether or not he has a 
case against the generals, added that there is no time frame 
from the date of request by which they must actually be 
transferred. 
 
¶3. (S/NF) Bellemare said he suspected that Lebanese Public 
Prosecutor Saiid Mirza wants the generals transferred to the 
STL.  Bellemare explained that, while it has been pointed out 
to him that no one can dictate to the STL how long the STL 
can detain the generals, implying that Bellemare could detain 
them indefinitely in The Hague, he disagreed with this 
approach in part because he feared that he might face legal 
pressure (by the STL itself) to release them immediately if 
he did not have a case.  Bellemare added that the generals 
could not be released on bail (per the Lebanese code of 
criminal procedure, Section 108), but could be released 
without condition.  In such a scenario, the GOL could put 
them under surveillance, he noted. 
 
¶4. (S/NF) Bellemare noted that one concern held by the Dutch 
government is that the generals would seek asylum if released 
by the STL.  Another worry is that one of the four, former 
Surete Generale DG General Jamil Sayyad, would run in the 
parliamentary elections, an idea evidently supported by 
opposition leader Suleiman Franjieh and Hizballah. 
 
¶5. (S/NF) Bellemare further expressed concern that 
transferring the generals could be a dangerous operation, 
noting that Hizballah does not want the generals to leave 
Lebanon.  A transfer would need to be coordinated with 
Lebanese authorities, making the operation even more 
vulnerable because of possible Hizballah penetration of those 
authorities, in his view.  If the GOL decides to release the 
four, it should put as much distance between the generals' 
release and the parliamentary elections on June 7, Bellemare 
recommended.  (Note:  We agree.  End note.) 
 
"IF THERE IS ASSISTANCE TO PROVIDE,  
PROVIDE IT NOW" 
----------------------------------- 
 
¶6. (S/NF) Noting that he would return to Syria in February 
for the last time under Chapter VII authority, Bellemare 
stressed the urgency of receiving information from the U.S. 
to use during interrogations.  "If there is assistance to 
provide," he pleaded, "Please provide it now."  Specifically, 
he requested information on "human vulnerabilities, 
suggestions on questions to ask, people who do not fit into 
our charts, partial answers we can use to test the subjects." 
 Bellemare explained that the level of interrogation his 
consultants would employ during this trip to Syria would be 
"very different from previous visits, but I need the 
ammunition to conduct these interrogations." 
 
¶7. (S/NF) Bellemare complained that the Syrians treat UNIIIC 
as "school kids in short pants."  He explained, "They provide 
us with 40,000 pages in Arabic.  After we translate them and 
find nothing of interest, they feign surprise and hand us 
another 40,000 pages in Arabic."  He assessed that the 
Syrians are nervous because they do not know what information 
UNIIIC has collected to date. 
 
CONCERNED ABOUT SAFETY OF STL JUDGES 
------------------------------------ 
 
¶8. (S/NF) Bellemare said that the four of the eleven STL 
judges who are Lebanese have chosen to move back and forth 
between The Hague and Lebanon.  Acknowledging the security 
concern, Bellemare said he suspected the judges conditioned 
their acceptance to the position on retaining freedom of 
movement.  (Comment:  One of our Embassy LES members 
suggested that he knew the identity of one of the judges 
because the Internal Security Forces had recently beefed up 
security outside of the judge's residence.  End comment.) 
 
ISSUE OF APPOINTING A DEPUTY PROSECUTOR 
--------------------------------------- 
 
¶9. (C) According to Bellemare, appointing a Lebanese Deputy 
Prosecutor has become problematic.  He reported that during 
January 2008, he interviewed candidates and the UN Office of 
Legal Affairs (OLA) will submit his confidential 
recommendation to the cabinet, which will appoint the 
individual.  He expected that the cabinet would discuss the 
appointment in time for the March 1 deadline (reftel). 
However, he relayed that he heard majority leader Saad Hariri 
was displeased with his recommendation, believing the 
candidate is "too independent", and may request his Future 
Movement ministers to block the appointment. 
 
¶10. (C) Bellemare noted that Public Prosecutor Saiid Mirza, 
close to Saad, supported Bellemare's recommendation. 
Acknowledging that he could start work without a deputy, 
making an appointment without delay is nonetheless important 
for symbolic purposes because the deputy position is a 
Lebanese national. 
 
¶11. (C) The power of the veto also worried Bellemare as he 
considered the potential composition of the next cabinet. 
Bellemare wondered whether a cabinet dominated by what is 
currently the opposition would attempt to stop GOL funding to 
the STL, despite its obligations under an international 
agreement. 
 
STILL PLAGUED BY MANAGEMENT ISSUES 
---------------------------------- 
 
¶12. (C) Bellemare expressed his frustration that the STL 
Management Committee ruled that the STL would not participate 
in the Interagency Mobility Accord (reftel), which is 
designed to facilitate mobility between organizations 
participating in the UN common system.  Declaring that he 
would seek a revision to this decision, Bellemare argued it 
was more expensive to recruit new people than to transfer 
them from within the UN system.  He also stressed that he 
needed the "best individuals possible" and did not want to  
discourage qualified applicants because of a tedious transfer 
process that could cost them some of their benefits. 

A SMALL UNIIIC PRESENCE TO REMAIN 
--------------------------------- 
 
¶13. (S/NF) Mentioning that he would travel to The Hague in 
February to find an apartment and attend the next interagency 
working group, Bellemare said that a small field office of 
UNIIIC would remain in Beirut.  He said the remaining 10 or 
20 individuals would likely change the location of their 
offices, but that was not yet decided. 
 
SISON