Close Menu
    Facebook Instagram LinkedIn
    • العربية (Arabic)
    • English
    • Français (French)
    Facebook Instagram LinkedIn
    Middle East Transparent
    • Home
    • Categories
      1. Headlines
      2. Features
      3. Commentary
      4. Magazine
      5. Cash economy
      Featured
      Headlines Yusuf Kanli

      Mojtaba Khamenei: From silent heir to Supreme Leader

      Recent
      13 March 2026

      Iran Alone

      13 March 2026

      A Farewell to a Mind That Spoke with History: In memory of Prof. Dr. İlber Ortaylı

      13 March 2026

      Lebanon’s failure to disarm Hezbollah keeps doing greater damage

    • Contact us
    • Archives
    • Subscribe
    • العربية (Arabic)
    • English
    • Français (French)
    Middle East Transparent
    You are at:Home»Reading between the lines of Detlev Mehlis

    Reading between the lines of Detlev Mehlis

    0
    By Michael Young on 20 March 2008 Uncategorized

    Detlev Mehlis did not say much that was new on Tuesday evening, when he was interviewed by May Chidiac on her weekly program for the Lebanese Broadcasting Corporation. The German judge repeated much of what he told me in an interview for The Wall Street Journal published last January. However, it was Mehlis’ first real opportunity to speak directly to the Lebanese public, and the exchange provided a useful occasion to revisit some of his more significant recent disclosures.

    The Mehlis who spoke with Chidiac was awkwardly diplomatic about the advances made by his successor, Serge Brammertz, in the Hariri investigation. In his earlier interview with me, the German had been far blunter: “I haven’t seen a word in his reports during the past two years confirming that he has moved forward.” On LBC, while Mehlis repeated his misgivings, he added that “maybe [Brammertz’s] way is the right way. He is an experienced prosecutor, so he may have had his reasons” for failing to provide more information on his progress.

    Even if Mehlis carefully danced around the issue to avoid undermining the ongoing UN inquiry, a crucial question today that no one has been able to adequately answer is the following: How did Brammertz build up his case without having publicly identified a single new suspect in two years? After all, to unravel networks of decision-making and participation in a crime, it is generally necessary to arrest one person, who then leads an investigator to another, who will point the finger at a third, and so on. And if Brammertz did find new suspects, why did he not name and arrest them?

    Mehlis’ skepticism has been heightened by Brammertz’s reference to “persons of interest” in his reports. A “person of interest” is definitely not a suspect, the German insists. That is unless Brammertz used that vague, antiseptic formulation to avoid being forced to order arrests, in the belief that this would complicate his investigative strategy.

    But what strategy sidesteps employing arrests to open new doors of exploration? Mehlis didn’t tell Chidiac this, but he told me that had he known earlier that the former Syrian vice president, Abdel-Halim Khaddam, was about to defect from Syria and turn against the Assad regime, he would have extended his stay as commissioner for some months. Mehlis did interview Khaddam, but didn’t have enough time to use his revelations to recommend the arrest of Syrians other than those he had expected Brammertz to detain. Khaddam’s break with the regime came after his late December 2005 tell-all interview with Al-Arabiyya, by which time Mehlis was preparing his return to Berlin.

    So while Brammertz had a very different approach than Mehlis, the nagging uncertainty remains. Because Brammertz didn’t arrest anyone in two years, did he miss golden opportunities to discover more? Did he allow suspects to roam freely? Did he inordinately rely on technical and forensic evidence, as well as witnesses, in building his case, to the detriment of uncovering facts about those involved in the killing itself? We won’t know until the new investigator, Daniel Bellemare, hands his findings over to the Hariri tribunal and it decides whom to accuse.

    Mehlis did mention the four generals who are still in prison, and one could immediately see why Akram Azoury, the lawyer of one of the four, Jamil al-Sayyed, was so displeased with the interview being aired. Mehlis essentially backed the continued detention of the generals, arguing that according to his reading of Lebanese law, a judge had the right to keep suspects in preventive detention if that was deemed necessary. He went on to tell Chidiac that the four were arrested because there were strong indications that they were preparing to flee Lebanon. That rationale still applies today, implicitly justifying their continued incarceration. Mehlis also reminded Chidiac that a Palestinian extradited from Lebanon in 1991 for his involvement in the LaBelle discotheque bombing was detained for seven years while awaiting sentencing in Berlin, and that the decision was upheld by the European Court of Human Rights.

    One issue Chidiac did not develop, however, was the matter of jurisdiction. In his Wall Street Journal interview, Mehlis stated, “I fear that suspects will end up in a judicial no-man’s land, with Lebanon claiming they are under the UN’s jurisdiction, and the UN saying that they must remain under Lebanese jurisdiction.” This phrase is not as anodyne as it sounds. If the UN fails, for example, to take the four generals into custody before their sentencing, then the Lebanese judiciary will have to continue to legally validate detaining them. That may be doable in the case of most suspects, but perhaps not all, bringing about the latter’s temporary release. In the case of the more important suspects, this potentially can harm the investigation.

    A third idea Mehlis developed was that of responsibility. He remarked that the Hariri assassination was a case where we have a clear picture of who ordered the crime, but not of those on the ground who planned and triggered the fatal explosion. Chidiac correctly interpreted this as an accusation directed against Syria. But in his earlier interview, Mehlis made a broader point by noting, “As a prosecutor you can’t prosecute governments and countries; you prosecute individuals.” In the end, it is what Daniel Bellemare can prove in court that will stand – not what most people think about who killed Rafik Hariri. That is why it seems unrealistic to expect the beginning of a trial soon after the June deadline set for the UN commission’s work. Bellemare is still connecting the dots, and it is not clear that he can finish doing so within three months.

    Mehlis expressed optimism that the tribunal would identify the guilty, adding that even heads of state would not be protected. Amid recent press reports that Egyptian President Hosni Mubarak was still waiting for Syrian President Bashar Assad to present him with proposals on the Hariri tribunal (itself a worrying sign that Arab leaders care little about justice in the Hariri case), you have to wonder why that alleged delay? It could mean there is no political deal on the tribunal the Syrian regime would ever be able to contemplate short of the institution being abolished.

    If so, that might explain why Mehlis is adamant that the culprits will be punished. Such Syrian intransigence would be thoroughly suicidal. But even if Mehlis is hopeful that the case he worked on in 2005 can yet be salvaged, plainly his effort to speak directly to the Lebanese people on Tuesday evening was his way of improving the odds.

    Michael Young is opinion editor of THE DAILY STAR.

    http://dailystar.com.lb/article.asp?edition_id=1&categ_id=5&article_id=90082

    Share. Facebook Twitter LinkedIn Email WhatsApp Copy Link
    Previous ArticleBenedict XVI’s improbable dialogue with 138 Muslim scholars
    Next Article March Events Ignite Hope of Change in Pakistan

    Comments are closed.

    RSS Recent post in french
    • Le Liban entre la logique de l’État et le suicide iranien 3 March 2026 Dr. Fadil Hammoud
    • Réunion tendue du cabinet : différend entre le Premier ministre et le chef d’état-major des armées, qui a menacé de démissionner ! 3 March 2026 Shaffaf Exclusive
    • En Arabie saoudite, le retour au réalisme de « MBS », contraint d’en rabattre sur ses projets pharaoniques 27 February 2026 Hélène Sallon
    • À Benghazi, quinze ans après, les espoirs déçus de la révolution libyenne 18 February 2026 Maryline Dumas
    • Dans le nord de la Syrie, le barrage de Tichrine, la forteresse qui a résisté aux remous de la guerre civile 17 February 2026 Hélène Sallon
    RSS Recent post in arabic
    • تقييم متشائم: بأُمرة “الحرس” مباشرةً، 30 الف مقاتل في حزب الله ومعركة طويلة 13 March 2026 خاص بالشفاف
    • 500 ألف دولار شهريا لنبيه برّي لدعم نفوذ إيران في بيروت 12 March 2026 إيران إنترناشينال
    • بالفيديو والصور: بلدية صيدا “قَبَعت” القرض الحسن من شارع رياض الصلح! 12 March 2026 خاص بالشفاف
    • “طارق رحمن”: الوجه الجديد في عالم التوريث السياسي 12 March 2026 د. عبدالله المدني
    • صفقة التمكين الأخيرة: السودان ينزع عباءة الأيديولوجيا تحت وطأة المقصلة الأمريكية 12 March 2026 أبو القاسم المشاي
    26 February 2011

    Metransparent Preliminary Black List of Qaddafi’s Financial Aides Outside Libya

    6 December 2008

    Interview with Prof Hafiz Mohammad Saeed

    7 July 2009

    The messy state of the Hindu temples in Pakistan

    27 July 2009

    Sayed Mahmoud El Qemany Apeal to the World Conscience

    8 March 2022

    Russian Orthodox priests call for immediate end to war in Ukraine

    Recent Comments
    • hello world on Between fire and silence: Türkiye in the shadow of a growing regional war
    • بيار عقل on Did Iran just activate Operation Judgement Day?
    • Kamal Richa on When Tehran’s Anchor Falls, Will Lebanon Sink or Swim?
    • me Me on The Disturbing Question at the Heart of the Trump-Zelensky Drama
    • me Me on The Disturbing Question at the Heart of the Trump-Zelensky Drama
    Donate
    © 2026 Middle East Transparent

    Type above and press Enter to search. Press Esc to cancel.