V. THE COMMISSION'S INVESTIGATION
Overview
87. UNIIIC was declared operational by the Secretary General on 16 June 2005. From 16 June to 6 October 2005, 244 witness statements, 293 investigator's notes and 22 suspect statements have been issued. A number of searches have been conducted and 453 crime scene exhibits have been seized. A total of 16,711 pages of documents have been produced. Thirty investigators from 17 different nations have been involved in the UNIIIC investigative measures, as well as external experts.
88. At the outset, the time factor affecting the Commission has to be emphasized. UNIIIC was declared operational four months after the actual crime, which means that the perpetrators and their accomplices have had plenty of time to destroy evidence and/or to collude with each other, the ability to recall of potential witnesses has been diminished, and previous omissions and inadvertent or deliberate loss and destruction of evidence could not be undone.
89. The first month after the Secretary-General declared UNIIIC operational was focused on updating the investigators on the current status of the investigation, including an assessment of measures undertaken by the Lebanese authorities. Much time was spent on analysis of material handed over to the Commission by the Prosecutor General, followed by interviews for clarification with key witnesses, based on written materials on the following topics:
- Reconstruction of actions and whereabouts of Mr. Hariri prior to the blast.
- Findings and results from activities by the Lebanese authorities undertaken at the crime scene and adjacent areas.
- Tampering with evidence.
- Road works at the scene prior to the blast.
- The Abu Adass track
- The Mitsubishi Canter van
- Collection and analysis of telephone lists
- Collection and analysis of CCTV-material, videos and photos collected from a diversity set of possessors depicting the scene prior to and after the blast.
- Financial transactions.
90. These measures in turn led to new witnesses. A public information "hot line" was installed on which anybody could approach the Commission about the case: this measure resulted in several new interviews and new clues that needed to be followed up.
91. The compilation and organization of files and evidence was time-consuming, involving maintaining and improving the system for storing and recording evidence, which includes thousands of pages of documents and written testimonies, as well as numerous videos and photographs. Legal issues highlighted the need for research into Lebanese criminal law and procedure in order to ensure the proper protocols for searches, arrests, suspect interviews, and charging documents. The Lebanese authorities' assistance in these matters was very praiseworthy.
92. The second month was characterized by a change in investigative directions and priorities, in the sense that investigators followed up new clues and tracked down new witnesses based on their conclusions from previous measures and professional analysis. Many different sources approached the Commission and provided the investigation with useful information. The vast majority of senior officials in the involved Lebanese authorities were interviewed to clarify the allotment of competencies, chains-ofcommand, and their extent of involvement, as well as decisions taken (or which were neglected). During this period of time the support base of the Commission was reinforced and new software programmes were installed, which made the data-base more operational.
93. During the third month, a full scale crime scene examination was conducted by a joint Dutch / British / Japanese expert team at the site itself and in adjacent areas, including the sea floor adjacent to the scene of the blast. The aim of this operation was to find physical evidence at the crime scene, to reconstruct the improvised explosive device (IED) used and to identify the Mitsubishi Canter van. The operation was accomplished in situ during September.
Planning of the Assassination
94. During all measures and efforts undertaken by the UNIIIC, no new hard leads or traces regarding the motive and reason for assassinating Mr. Hariri have emerged to supplement those which can be attributed to events during the second half of 2004 which culminated in Mr. Hariri's decision to step down as the Prime Minister and the prognosis of the outcome of the general elections in Lebanon. Strong indicators on the latter matter are the massive Future Party election campaign; the Lebanese authorities' reaction on the olive oil affair, in February 2005, where the distributors were arrested (by the Lebanese authorities while distributing free olive at the behest of Mr. Hariri) (investigator notes): and last but not least the factual outcome of the elections. New witnesses have approached the Commission who were reluctant to have any contacts with the Lebanese authorities due to lack of confidence, stating that the assassination of the former Prime Minister could not have occurred without the knowledge of the Lebanese authorities and the approval from Syria.
95. The structure and organization of the Syrian and Lebanese intelligence services in Lebanon at the time of the blast, including protocols for reporting, shows a pervasive impact on everyday life in Lebanon. Good examples of this are documents collected from the former Syrian Intelligence post, Villa Jabr, at Bologna Forest, Lebanon and an intercepted telephone conversation between General Ghazali and a prominent Lebanese official on 19 July 2004, at 0945 hrs (excerpt):
"Ghazali:I know it is early but I thought we should keep up you posted. The President of the Republic told me this morning that they are two to rule the country the Prime Minister and him. He said that things cannot continue this way. The Prime Minister is always irritating him and we are always shutting him up and yelling at him. He made it clear he cannot continue this way.
...
X: Take it easy on me. Can you appoint a new Government at this time?
Ghazali: Yes we can appoint one. What could be the problem? We can name Botros Harb.
...
Ghazali: Let me tell you one thing. Let the worker's movement take the street on the 20th in Solidere and Koraytem.
X: Let's speak it over. Take it easily. I have to take into consideration the best interests of Syrian and Lebanon.
Ghazali: We are keen on Syria's best interest but I am now talking about Rafik Hariri.
X: So, the decision is taken.
Ghazali: I wish to tell you one thing. Whenever we need to speak to Hariri we have to suck up to him and he does not always answer.
X: To hell with him. What do I care about him?
Ghazali: What do I care about him? The President can't stand him so why should I?
X: Fine, may he rot in hell
...
Ghazali: No. Let him be the laughing stock and be pointed at as the person who ruined and indebted the country. Let the people take the street in Koraytem and Solidere; let the manifestations continue until he is forced to resign like a dog.
X: What about another option. I send him a message saying: Resign God damn it.
Ghazali: No, don't send him a message or else he will say they forced me to resign. Let the street ... you know what I mean. Or else he will use this as a bargaining card with his American and French masters.
X: So shall we leave things to the street?
Ghazali: This is better.
X: Let's go for it.
96. One witness of Syrian origin but resident in Lebanon, who claims to have worked for the Syrian intelligence services in Lebanon, has stated that approximately two weeks after the adoption of Security Council resolution 1559, senior Lebanese and Syrian officials decided to assassinate Rafik Hariri. He claimed that a senior Lebanese security official went several times to Syria to plan the crime, meeting once at the Meridian Hotel in Damascus and several times at the Presidential Place and the office of a senior Syrian security official. The last meeting was held in the house of the same senior Syrian security official approximately seven to 10 days before the assassination and included another senior Lebanese security official. The witness had close contact with high ranked Syrian officers posted in Lebanon.
97. At the beginning of January 2005, one of the high ranked officers told the witness that Rafik Hariri was a big problem to Syria. Approximately a month later the officer told the witness that there soon would be an "earthquake" that would re-write the history of Lebanon.
98. The witness visited several Syrian military bases in Lebanon. At one such base, in Hammana, he observed a white Mitsubishi van, with a white tarpaulin over the flatbed. The observations were made on 11, 12 and 13 February 2005. The Mitsubishi left the Military base in Hammana on the morning of 14 February 2005. The Mitsubishi Canter van, which was used as the bomb carrier, entered Lebanon from Syria through the Bekaa border and a military hot lane on 21 January 2005, at 1320 hrs. It was driven by a Syrian Colonel from the Army Tenth Division.
99. On 13 February 2005, the witness drove one of the Syrian officers to the St.
George area in Beirut on a reconnaissance exercise, as he subsequently understood it to
have been after the assassination took place.
100. Regarding Mr. Abu Adass, the witness has stated that he played no role in the crime except as a decoy. He was detained in Syria and forced at gunpoint to record the video tape. Subsequently, he was killed in Syria. The videotape was sent to Beirut on the morning of 14 February 2005, and handed over to Jamil Al Sayyed. A civilian with a criminal record and an officer from the Sûreté Générale were tasked with putting the tape somewhere in Hamra and then calling Ghassan Ben Jeddo, an Al-Jazeera TV reporter.
101. General Jamil Al-Sayyed, according to the witness, cooperated closely with General Mustapha Hamdan and General Raymond Azar in the preparation of the assassination of Mr. Hariri. He also coordinated with General Ghazali (and, among others, people from Mr. Ahmad Jibreel in Lebanon). General Hamdan and General Azar provided logistical support, providing money, telephones, cars, walkie-talkies, pagers, weapons, ID-cards etc. Those who knew of the crime in advance were among others, Nasser Kandil and General Ali Al-Hajj.
102. Fifteen minutes before the assassination, the witness was in the vicinity of the St. George area. He received a telephone call from one of the senior Syrian officers, who asked the witness where he was. When he answered, he got the advice to leave the area immediately.
103. Another witness approached the Commission and stated that he had met with General Hamdan in the middle of October 2004. General Hamdan talked very negatively about Mr. Hariri accusing him of being pro-Israeli. General Hamdan ended the conversation by stating: "We are going to send him on a trip, bye, bye Hariri". After the assassination, the witness was strongly reminded not to discuss this conversation with anyone.
104. Another "witness" who later became a suspect, Zuhir Ibn Mohamed Said Saddik, has given detailed information to the Commission about the crime, in particular insofar as the planning phase is concerned. Paragraphs 105 to 110 set out the main points of Mr. Saddik's statement.
105. One of the main issues raised in Mr. Saddik's statement was a report that he said was drafted by Nasser Kandil. This report stated that Mr. Hariri and Marwan Hamadeh had a meeting in Sardinia. At the end of the report Kandil stated that a decision should be taken to eliminate Mr. Hariri. Nasser Kandil was tasked to plan and implement a campaign aiming at ruining Mr. Hariri's reputation on religious and media level. The Baath Party in Lebanon decided that they should get rid of Mr. Hariri by any possible means and isolate him since President Lahoud's attempt to remove him from the political scene failed.
106. Mr. Saddik stated that the decision to assassinate Mr. Hariri had been taken in Syria, followed by clandestine meetings in Lebanon between senior Lebanese and Syrian officers, who had been designated to plan and pave the way for the execution of the assault. These meetings started in July 2004 and lasted until December 2004. The seven senior Syrian officials and four senior Lebanese officials were alleged to have been involved in the plot.
107. Planning meetings started in Mr. Saddik's apartment in Khaldeh and were subsequently moved to an apartment in Al-Dahiyye, a district of Beirut. Some of these individuals visited the area around the St. George Hotel under different guises and at different times for planning and preparation purposes of the assassination.
108. Mr. Saddik also gave information about the Mitsubishi itself and that the driver eventually assigned had been an Iraqi individual who had been led to believe that the target was Iraqi Prime Minister Iyad Allawi (who happened to be in Beirut prior to the assassination).
109. Mr. Saddik had been informed that TNT and some special explosives had been used in order to direct suspicions towards extremist Islamic groups, as these kinds of explosive had only been used in operations in Iraq.
110. A trip by Mr. Saddik with Abdel-Kareem Abbas led to a camp in Zabadane. Al-Saddik claimed to have seen the Mitsubishi Canter van in this camp: mechanics were working on it and emptying the sides. The sides of the car's flatbed, as well as the doors of the Mitsubishi had been widened and filled with explosives, which had also been put underneath the driver's seat. In the camp he had seen a young man whom he had been able to identify as Mr. Abu Adass after seeing the video on TV on 14 February 2005.
111. On 30 August 2005, the Commission sent an official letter to Syria with questions regarding the Zabadane camp. The answer was handed over personally to the Commissioner in New York, confirming the existence of the camp but denying it to be used for any other purposes than juvenile educational activities. However, from other information given to the Commission, there are strong indications of activities within the camp during the period, 5-9 September 2005, geared towards changing the features and operations within the premises. Satellite pictures also show high walls and watch towers in the area.
112. On 26 September 2005, investigators of UNIIIC had a meeting with Mr. Saddik. On 27 September, Mr. Saddik confessed in a handwritten document that he had participated in the immediate planning phase before the assassination (January and February 2005) and that he was acting as a driver for several of the above-mentioned suspects during the entire day of 14 February.
113. Consequently, on 13 October 2005, on the suggestion of the Commission, the Lebanese Prosecutor-General issued an arrest warrant concerning Mr. Saddik, which led to his arrest on 16 October.
114. At the present stage of investigation, a certain amount of information given by Mr. Saddik cannot be confirmed through other evidence.
115. The wife of Mr. Saddik has confirmed that, during the period July to December 2004, her husband met a huge group of people on several occasions in their home in Khaldeh as at other locations. He did not want her to be present, since these people wished not to be identified. She has also confirmed visits at their home by and Dhafer Al-Yussef, in the company of three other men unknown to her.
116. The fact that Mr. Saddik implicates himself in the assassination, which ultimately led to his arrest, adds to his credibility.
117. Other witnesses have informed the Commission that the day before the assassination of Mr. Hariri, the late chief of Mr. Hariri's close protection (Mr. Yehya Al-Arab alias Abu Tareq) had a meeting with General Ghazali. It seemed that Mr. Al-Arab was badly shaken up by that meeting. Instead of reporting immediately to Mr. Hariri as usual, he went to his house, turned off his phone and stayed there for a few hours. The version given by General Ghazali of this meeting is not compatible with the information given by other witnesses to the Commission.
Other elements to be considered
118. Some other circumstances to be kept in mind regarding the planning phase of the crime are the surveillance measures targeting Mr. Hariri undertaken by the ISF and the wiretapping of Mr. Hariri's telephones by the Military Intelligence (see section Surveillance and telephone wiretapping of Mr. Hariri).
119. One of the first measures General Al-Hajj undertook after being appointed to the post as the Head of the Internal Security Forces was to reduce the number of state security personnel around Mr. Hariri from a level of 40 down to eight in November 2004. The reason was asserted to be a letter from the Lebanese President and the Prime Minister that Lebanese law should be applied on all levels and in all matters. According to a decree (3509 of 1993), the number of security staff for a person in the Hariri category should be eight. Whether anyone else was affected by the same decree, the Commission has not been able to ascertain.
120. There are still some activities on the Minae Al-Hosn Street in Beirut prior to the blast that have to be further investigated, which could elucidate details from the planning phase and as such lead to the perpetrators.
121. The investigation shows that eight telephone numbers and 10 mobile telephones were used to organize surveillance on Mr. Hariri and to carry out the assassination. The lines were put into circulation on 4 January 2005 in the northern part of Lebanon, between Terbol and Menyeh. The lines were used on individual days to observe Mr. Hariri's habits, mostly in the area of Beirut city.
122. On 14 February 2005, six of the telephone were used in the area stretching from Parliament Square to the St. George Hotel and the axes of Zqaq el Blat and Al Bachoura. The calls occurred at 1100 hrs. They covered all routes linking the Parliament to Kuraytem Palace. The telephone located at the Parliament made four calls to the other telephones at 1253 hrs, the time when the Hariri motorcade left Nejmeh Square. The telephones have been inactive since the blast at 1256 hrs. The lines were only used to make calls with each other for the entire period from early January to 14 February 2005.
123. With all these circumstances in mind, including the previously described conversation of 26 August 2004, there is little probability that a third party would undertake surveillance and monitoring measures against Mr. Hariri for more than a month prior to the blast and maintain the resources, logistics and capacity needed to initiate, plan and commit a crime of this magnitude, without the knowledge of the competent Lebanese authorities. This includes the procurement, handling and maintenance of a large quantity of highly aggressive explosive, a stolen Mitsubishi Canter van, the recruitment of the related human resources, as well as a base station for necessary preparations.
Conclusion:
There is probable cause to believe that the decision to assassinate former Prime Minister, Rafik Hariri, could not have been taken without the approval of top-ranked Syrian security official and could not have been further organized without the collusion of their counterparts in the Lebanese security services.
Hariri telephone wire-tapping
124. Accroding to a witness, ISF personnel were ordered to keep Mr. Hariri under surveillance at the end of January and beginning of February 2005. No documentation on this topic has been found during UNIIIC investigative measures.
125. Colonel Ghassan Tufayli was responsible in the Lebanese Military Intelligence Service for the technical department. It included the telecommunication - and the wire tapping -service. The department tapped political, military and suspect people. His superior was the head of the Military Intelligence Service, General Raymond Azar. Colonel Tufayli received his orders from his superior in oral rather than written form. Several important people such as former presidents, prime ministers and deputies were permanently wiretapped. Although Mr. Hariri was no longer Prime Minister in early 2005, he was a very important political and economic figure in Lebanon and the Middle East. Therefore he was under permanent wiretapping. The technical department monitored and recorded conversations. Staff from the Lebanese Sûreté Générale supported Tufayli's army unit. The protocols were forwarded on a daily basis to General Raymond Azar and to the head of the army, General Michel Suleyman. The head of the Lebanese Sûreté Générale , Jamil Al-Sayyed, was also provided with the results. According to Colonel Tufayli's statement, General Raymond Azar sent the protocols to the Lebanese President and to General Ghazali, the head of the Syrian Military Intelligence Service in Lebanon.
126. Colonel Tufaily mentioned that the Republican Guard Brigade also had an
internal wiretapping service.
Conclusion:
Through the constant wire-tapping of Mr. Hariri's telephone lines, the Syrian and Lebanese security and intelligence services were kept informed of his movements and contacts.
Roadworks
127. The Commission also investigated whether there was excavation work in the road in front of the St. George Hotel in the period before the assassination. There have been suggestions that unusual road works – including the installation of wires and open manholes – occurred in the road in front of the St. George Hotel shortly before the assassination, implying that individuals involved in the assassination may possibly have had an opportunity to install a bomb or a remote bomb device underneath the road, thus causing the explosion.
128. Municipal records show that the last work permits for work in the area near the crime scene, granted prior to the blast were provided in January 2005. For example, from 3 to 8 January 2005, the Beirut Water authorities were provided permits to dig for a water pipe and to excavate the main roads around the St. George Hotel. Ogero, the telecommunications company, was granted a permit to install a telecommunications cable between 13 and 20 January 2005. However, some witnesses have stated that there may in fact have been road works conducted in the area in front of St. George closer to the day of the explosion, including the night before. For example, a taxi driver reported that he dropped two passengers at the Phoenicia Hotel on 12 February 2005 at approximately 0615 hrs in the morning. As he turned left onto Minet El Hosn, he realized that the street was closed just in front of the St. George Hotel facing the HSBC bank and that some road works were being conducted, including two open manholes in front of the St. George, and that workers and military personnel were present at the location. Another witness, a marina worker, noted that while the installation of the telephone wires had started at the marina, they were not in use as they had not been connected to an external wire and no cables were connected for the television or computers. Another individual reported that on Sunday afternoon, the day before the assassination, as he and his wife approached the site of the explosion, they saw three people working in the middle of the street and lowering into a hole in the ground near the St. George Hotel what appeared to be a pallet and also observed two black cables with about half inch in diameter running from the hole to the St. George Hotel. By contrast, other witnesses were certain that there were no road works in the vicinity in the days prior to the explosion.
Conclusion:
The issue of whether there was excavation in front of the St. George Hotel remains an open question that the Commission has not been able to resolve beyond certain witnesses' recollections which have not been independently substantiated. Municipal records do appear to make clear, however, that excavation close to the time of the crime was not carried out pursuant to city permits.
Execution of the Bombing
129. A branch of the HSBC bank is located close to the scene of the explosion. The bank operated its own CCTV security system which recorded the movements of the Hariri motorcade immediately prior to the explosion, but did not record the scene of the blast itself. On close scrutiny, the recorded footage showed a white Mitsubishi Canter van entering the area of the explosion shortly before Mr. Hariri's convoy.
130. The recording clearly showed that this Mitsubishi Canter was moving approximately six times slower than all other vehicles traversing the same stretch of roadway. A time series analysis showed that for the approximately 50 meters of road covered by the camera, a normal car took 3-4 seconds to cover the distance, while a large truck took 5-6 seconds to travel the distance. The Mitsubishi Canter took approximately 22 seconds to travel the distance and entered the area one minute and 49 seconds before the Hariri convoy.
131. Collected samples from the crime scene and further forensic examinations, have succeeded in identifying the Mitsubishi Canter van. Through a part of the engine block, found and collected at the crime scene, it has been concluded that the engine comes from a Mitsubishi vehicle stolen on 12 October 2004 in Sagamihara City, Japan.
132. The Commission has interviewed all the survivors who were involved in the Hariri motorcade, eyewitnesses on the spot and in adjacent areas as well as shop owners, employees, vendors, residents etc in the neighborhood of the crime scene.
133. None of the people interviewed has made any unusual observations on 14 February 2005, at Minae Al-Hosn Street or in adjacent areas of activity different from the normal situation at these locations.
134. One of the main issues for the Commission was to determine how it was known that Mr. Hariri would take the Maritime route on his way back to the Kuraytem Palace from the meeting at the Parliament.
135. It was a common knowledge that Mr. Hariri would attend the pre-election meeting at the Parliament this particular morning. It was also known that he would return to the Kuraytem Palace after the meeting, since he had invited more than twenty people for lunch at the Palace.
136. From the Nejmeh Square back to Kuraytem there were three options of routes. The decision to take the Maritime road was made just before departure by a senior staff member in Mr. Hariri's private security detail and communicated to the lead car, but it was already envisaged in the morning that if the motorcade was able to return to the Palace before 1400 they would have chosen the Maritime road. If not, another road would have been taken. The motorcade left the Nejmeh Square area and drove along Ahdab Street and Foch Street. At the junction of Foch Street and the Seaport Street the convoy was delayed for several minutes due to some traffic hindrance. At the mentioned junction the convoy turned left and took the Maritime road towards Ain Mreisa and the St. George Hotel.
137. The motorcade was composed of six cars. The first car, a Toyota Land Cruiser, was manned with four officers from the Internal Security Forces, the second was a Mercedes 500 S manned by three persons from Mr. Hariri's private security team. The third car was an armored Mercedes driven by Mr. Hariri and with Mr. Fleyhan as passenger. The fourth and the fifth cars were Mercedes 500 S, each manned by three security officers from Mr. Hariri's private security team and positioned in the convoy on the flanks of the third car. The last car in the convoy was a Chevrolet, fully equipped as an ambulance and manned by three Hariri staff members, two of whom were paramedics. The second, fourth and fifth cars were equipped with jamming devices, which were switched on and functional.
138. When the motorcade passed the St. George Hotel at Minae Al-Hosn Street, at 1256 hours, a huge explosion occurred, which resulted in the death of Mr. Hariri and 21 others. In addition, more than 220 persons were injured and the damage to surrounding buildings and vehicles was severe. Mr. Hariri was taken to the American University Hospital, where his body was identified and the cause of death concluded to be immediate brain injury resulting in cardiac arrest.
139. An Opel which followed the motorcade from Nejmeh Square to the junction of Foch Street and Seaport Street has not been identified. It should be noted that because the motorcade was delayed at a T-junction, for a short while it went against the traffic on a one-way street from Nejmeh Square to Foch Street, followed by the Opel. The Commission has not succeeded in elucidating the reason for the delay of the motorcade at the T-junction.
140. The FitzGerald report concluded that Mr. Hariri during the last three months prior to the blast had taken the Maritime Road at six different occasions, but it should be kept in mind that, during the same period of time, he only appeared in public in the Beirut area fewer than 10 times.
141. The Commission has not found any indication that there were leaks from, or accomplices, within Mr. Hariri's close staff members. However, UNIIIC determined that Mr. Hariri was under surveillance at least one month prior to the blast, by people planning the crime (see the phone analysis section above).
142. The weaknesses in the initial measures taken by the Lebanese authorities and the tampering with evidence during the first crime scene examination have worked against identifying the type of explosives used in the blast. The first collected samples of residues were tested in an "itemizer", which only gives an indication of the explosives. In this case it indicated TNT, but no forensic laboratory examinations of the samples were undertaken. This fact has hampered the investigation, since it has been impossible to track down the origin of the explosives, which subsequently could lead to the perpetrators.
143. In addition, no other CCTV security systems were seized in the area except those from the HSBC bank. This negligence could have led to the loss of important evidence.
Conclusion:
It would not have been difficult for individuals outside of Hariri's "inner circle" to predict the route that his convoy would follow on 14 February 2005. The Mitsubishi Canter van shown on the HSBC bank CCTV security system was the carrier of the explosives. The negligence of the Lebanese authorities to undertake proper investigative measures and a full-scale professional crime scene examination immediately after the blast has made it difficult to resolve key questions regarding the execution of the bombing, such as the type of explosive used, or may have resulted in the potential loss of important evidence, such as useful CCTV videos.
Use of Prepaid Telephone Cards
144. Investigations by both the ISF and Military Intelligence have led to six pre-paid calling cards, which telephone records demonstrate were instrumental in the planning of the assassination. Beginning at approximately 1100 hrs on 14 February 2005, cell site records show that cellular telephones utilizing these six calling cards were located in the area stretching from the Nejmeh Square to the St. George Hotel, within a few-block radius and made numerous calls with each other and only with each other. The phones were situated so that they covered every route linking the Parliament to Kuraytem Palace: that is, cellsite records demonstrate that these telephones were placed to cover any route that Hariri would have taken that day. One of the cellphones located near the Parliament made four calls with the other telephone lines at 1253 hrs --- the time that Mr. Hariri's convoy left the Nejmeh Square . The calls --- and all usage on the cards --- terminated at 1253 hrs on 14 February, a few minutes before the blast. The lines have all been inactive since.
145. Further investigation has revealed that these six lines --- along with two others --- were put into circulation on the 4 January 2005, after calling number 1456 activated them. They were all activated at the same location in northern Lebanon between Terbol and Menyeh. Since they were first purchased in early January 2005, until the time of the explosion, the lines only had calls with each other. In that time period, until the assassination, there appears to be a correlation between their location and Hariri's movements, suggesting that they might have been used to follow Hariri's movements in that time period.
146. The Commission, in conjunction with the Lebanese authorities, continued the investigation of the origin of these telephone lines. The six pre-paid cards originated, along with four others, from the Powergroup Company, Beirut, a store owned by a reportedly active member of Al-Ahbash with close ties to Sheikh Ahmad Abdel-Al. According to company records, the lines were delivered to the store's Tripoli branch. One of the employees of that Tripoli store reported that on the 30 December 2004, he received a telephone call from Raed Fakhreddin, the owner of another cell shop in Tripoli and the nephew of Tarek Ismat Fakhreddin, a prominent businessman and consultant to former Lebanese prime minister Omar Karame. Raed Fakhreddin reportedly urgently wanted to buy 10 prepaid cards; the Tripoli store employee noted that the inquiry itself was unusual as Raed Fakhreddin did not customarily buy lines from the Tripoli store nor typically have commercial dealings with the Tripoli store other than mobile handset purchases. However, the ten calling cards bearing these particular lines were located, and Raed Fakhreddin sent a messenger to pick up the calling cards bearing these lines from the Tripoli store. That messenger reported to the Commission that he paid $700 USD in cash at the Tripoli store to purchase these ten lines and deliver them to Raed Fakhreddin. The forms legally required for purchasing cellular lines were not filled out that day, however, but rather over two weeks after the lines had been sold, on 12 January 2005. The supporting identification required for the purchase, which was provided by Raed Fakhreddin, proved to be false. On 14 September 2005, the ISF arrested Raed Fakhreddin, along with others involved in the transfer and sale of these calling cards. Raed Fakhreddin was subsequently interviewed as a suspect by the Commission. In that interview, while he admitted that he purchased the lines, he denied any knowledge of the use of six of the lines in connection with the Hariri assassination.
147. Of the ten mobile phones used in connection with these ten cellular telephone cards, five have been traced to a store in Tripoli.
Conclusion:
The investigation of the prepaid telephone cards is one of the most important leads in this investigation in terms of who was actually on the ground executing the assassination. This is a line of investigation that needs to be pursued thoroughly.
Jamming Devices
148. Hariri's convoy included three vehicles equipped with jamming devices, designed to disturb the signals of remote-controlled IED.
149. Although UNIIIC received information from one source that a trusted associate of Mr. Hariri's had tampered with the jamming devices prior to the blast, the Commission has not been able to corroborate this information. Indeed, all available evidence indicates that these jamming devices were operational and in proper working condition at the time of the assassination. Those responsible for managing the jamming devices reported that they conducted a detailed check of the jammers every three months, an operation performed for the last time in early January 2005 when no problems were observed. In addition, the jamming system was checked by a member of Mr. Hariri's security detail two days before the explosion and was deemed to be in good working condition. Of the three jamming devices, one was completely destroyed by the blast, another was burned but was retrieved and is maintained as evidence, and a third was still operational and, upon testing, was found to be working properly. Moreover, the report of the Dutch forensic explosives experts about the two devices which survived as evidence further concluded that the intact jammer had essentially been operational. Finally, the telecommunication firms, MTC Touch and ALFA, reported that their networks were disrupted on 14 February from about 1200 hrs to 1300 hrs between Place de l'Etoile and the St. George Hotel. UNIIIC investigators conducted a reconstruction on 19 August 2005 in cooperation with MTC and ALFA, by taking three vehicles similar to those in Mr. Hariri's convoy equipped with similar jamming devices along the same route that the convoy took from the Place de l'Etoile to the St. George Hotel. This reconstruction produced relatively similar results regarding the temporary disruption of telecommunications as occurred on 14 February, even accounting for other factors that could have affected telecommunications in the area. Thus, it can be assumed that at least one of the three jamming devices was operational and functional at the time of the explosion.
150. Even though at least one jamming device was operational, investigation has revealed that there are ways to overcome, avoid, evade or use jamming devices. Different possibilities include a suicide bomber, a wireless explosion using different frequencies from those of the jamming devices or using the frequencies of the jamming devices, a wireless explosion using the jamming devices themselves, a wireless explosion using a satellite phone from Thuraya, the only telephone company working on Lebanese territory with satellite links, a wired explosion using a TNT cable, or a wired explosion using another kind of installed cable such as a telephone line as a connecting wire. Although it appears to the Commission based on its investigation to date, specifically, the results of the Dutch forensic examination of the crime scene, that it is possible that a suicide bomber caused this explosion, these other possibilities warrant further investigation, both as to whether they were feasible standing alone or in conjunction with a suicide bomber.
Conclusion:
It appears that the jamming devices in Hariri's convoy were operational and functional on 14 February at the time of the blast. Further investigation may provide information about how the IED was activated.
Telecommunications interferences in downtown Beirut
151. UNIIIC received information that there was interference on 14 February 2005 from 0900 hrs until 1400 hrs of the telecommunications antenna covering the area of Riad Solh, which includes the crime scene area. The matter was investigated with the Ministry of Telecommunication. This information was confirmed through information provided by the telecommunications provider MTC Touch. Consequently, the mobile phone callers on the crime scene area could not use this specific antenna and were diverted to other antennas. No evidence has been found to date which would clearly point to internal manipulation at MTC Touch, although such internal manipulation cannot yet be completely discounted. It remains equally possible that an outside individual, criminal organization, company or authority would also have been able to generate such interferences, for example with a mobile appliance. Moreover, a direct connection between these interferences and the assassination cannot be excluded.
Conclusion:
It appears that there was interference with a telecommunications antenna in the crime scene area during the time of the crime. This is a line of enquiry that should be thoroughly pursued.
Crime Scene
152. Until the establishment of UNIIIC, the Lebanese authorities had not carried out a thorough crime scene examination. Since this constitutes the basis of any criminal investigation, the Commission deemed it necessary to seek the assistance of UN member states to second experts in order to determine primarily, among other things, whether the explosion took place aboveground or underground.
The German Forensic Team
153. On 6 July 2005, the German Forensic Team, comprising four forensic experts, submitted their report to UNIIIC. 2 Excerpts of the most important paragraphs conclude: "The Swiss expert team's findings and conclusions can be fully supported. Due to the distribution of the so far located parts of a Mitsubishi Canter lorry, it can be assumed that that vehicle played a significant part in the course of action and was possibly used as carrier of the bomb.
After the assessment of all facts and estimations an aboveground explosion is the most feasible possibility. If we assume such an explosion, the amount of explosive must have been around 1,000 kg. Highly aggressive explosive was used. The result of an A-sample from the crater wall shows that TNT was used. But this result is not one that has been achieved in the presence of an expert from the UN Fact Finding Mission to Lebanon and thus must be regarded as preliminary and not finally confirmed result. During our work at the location of the incident we could not detect any hints with regard to the kind of trigger that has been used".
The Dutch Forensic Team
154. During the period 12 August - 25 September 2005, a Dutch forensic team conducted an the examination of the prime crime scene and periphery areas of interest. The team was composed of seven experts specialized in post-blast investigations. The objective for the forensic investigation of the explosion site was to find physical evidence to reconstruct the IED which caused the explosion. To examine a crime scene nearly half a year after the incident occurred is not a common practice. Moreover, it was known that the crime scene was disturbed on several occasions. This seriously diminishes the strength of conclusions that can be drawn from the location where the exhibits were found. It can never be excluded that the materials at the crime scene were manipulated by someone or intentionally put there. Notwithstanding, it was felt to be useful to carry out a full crime scene search, mainly because it was likely that certain areas of the crime scene had not been contaminated, such as the upper floors of the Byblos and St George's Hotel. The crime scene area was cordoned off on 15 February 2005, according to ISF, and was guarded 24/7 from this day on.
155. The Dutch forensic team was assisted by many people in carrying out the crime scene investigation, e.g. forensic police officers from ISF, a team of British divers, a French expert on explosives, a forensic scientist from Northern Ireland, a German electrical engineer specialized on jamming devices, a team of Japanese crime scene investigators, a German car expert, a Dutch car expert and a number of Lebanese specialists.
156. A coherent and comprehensive report on the findings and results from the crime scene investigation has been submitted to the Commission. The report comprised 87 pages and contained four main conclusions:
1. Detonation of high explosives
The damage inflicted on the buildings, vehicles, surrounding lamp posts and other objects in the vicinity of the explosion site demonstrates that a large amount of high explosives was activated and detonated to the left side in front of the main entrance of the St George's Hotel on Minae Al-Hosn Street. This detonation set fire to many vehicles within the distance of 20 to 30 meters of the explosion centre. From the damage pattern it is clear that it was one explosion of a charge of high explosives.
2. Mitsubishi Canter vehicle
Regarding the physical evidence recovered, the human remains identified by the Lebanese forensic specialist, the HSBC security video and the damage on the vehicles parked on the road, the most likely scenario is that a Mitsubishi Canter van containing the IED was activated when the Hariri convoy of six vehicles drove by. The engine number of this Mitsubishi Canter van was found amongst the debris on the crime scene. This engine number has led to the vehicle registration number and the production date.
No remains of the constituents of the IED have been found amongst the debris, apart from the vehicle parts of the Mitsubishi Canter in which the IED was placed. Because of the size of the explosion and the exploded charge this is not unexpected. A few damaged parts of circuit board have been recovered which may be related to the activation mechanism. However, these circuit boards should first be examined by electronics experts, who might give an indication of the application of these boards.
3. Location of convoy vehicles and bomb vehicle
When the explosive was activated, the Mitsubishi Canter was parked almost in line with the other parked vehicles along the pavement in front of the St George's Hotel with the front of the vehicle facing the west. It was not parked fully in line judging from the direction of the explosion force acted on the red Ford vehicle which was most likely parked directly in front of the Mitsubishi. This red Ford vehicle was most severely damaged from the left rear side which means that the Mitsubishi could not have been parked fully in line with the Red Ford vehicle.
Among the six convoy vehicles the black Mercedes numbered 404 was closest to the explosion center when the IED detonated. The direction of the explosive force on this vehicle was from the right side, meaning it was most likely located alongside of the Mitsubishi. From the damage patterns it can be stated that vehicles 401, 402 and 403, the latter with Messrs. Hariri and Fleyhan as occupants, had just passed by the Mitsubishi when the explosion occurred. Vehicles 405 and 406 were damaged most severely at the right front side, meaning that these vehicles had not yet driven by the Mitsubishi at the moment of the detonation.
4. Activation mechanism of the IED
Regarding the physical evidence presented in this report and the fact small human remains of an unidentified person have been found and no large body parts such as legs, feet or lower arms, the most likely scenario for the activation of the IED is a suicide bomber. Another only slightly less likely possibility is that of a remotely-controlled device. However, no residues of such a device have been recovered from the crime scene.
The British Forensic Team
157. On 5 September 2005, the British Forensic Team submitted their report to the Commission. The British team was composed of seven experts. The objective for the team was to conduct a underwater search of the sea floor and the Marina adjacent to the scene of the blast. While performing their duties, the British team was assisted by Lebanese divers from the Civil Defense Fire and Rescue Team. Forty items were collected and seized during the underwater search, of which the vast majority were vehicle parts.
The Japanese Forensic Team
158. On 27 September 2005, the Japanese team submitted their report to the Commission. The team comprised of three forensic experts accompanied by an interpreter. The objective of the team was to identify the Mitsubishi Canter van.
159. The Japanese experts examined all the evidence recovered from the crime scene and sorted out 69 pieces as suspected Mitsubishi Canter parts. Of the 69 pieces, 44 items were identified as Canter parts by the Mitsubishi Fuso Corporation in Japan.
160. The Mitsubishi Canter Van was finally identified. The vehicle was stolen in Sagamihara City, Japan on 12 October 2004.
The Northern Irish and French Experts on IEDs
161. The experts were in agreement with the comments and conclusions in the Dutch Forensic Team's report.
Conclusion:
The explosion that killed Mr. Hariri and 22 others took place above ground. For this purpose, an amount of no less than 1000 kilgrams of military explosives was used.
Feedback? We want to hear your thoughts!
