III. Syrian Cooperation with the Commission (Return to Table of Contents)

74. In its previous report to the Council, the Commission reported on difficulties it was encountering with regard to the cooperation being extended by the Syrian authorities. Serious delays in the investigation had accrued to cooperation in form rather than in substance. The Council addressed this matter in its resolution 1636 (2005) and in particular section III thereof. The Council endorsed the Commission's conclusion that it was incumbent upon the Syrian authorities to clarify a considerable part of the questions which remained unresolved. The Council decided, in this context, that:

a) The Syrian Arab Republic must detain those Syrian officials or individuals whom the Commission considers as suspected of involvement in the planning, sponsoring, organizing or perpetrating of this terrorist act, and make them fully available to the Commission;

b) the Commission shall have vis-à-vis The Syrian Arab Republic the same rights and authorities as mentioned in paragraph 3 of resolution 1595 (2005), and Syria must cooperate with the Commission fully and unconditionally on that basis;

c) the Commission shall have the authority to determine the location and modalities for interview of Syrian officials and individuals it deems relevant to the inquiry;

75. The Commission, fully conscious of the need to proceed in a timely manner with its enquiry, has endeavored to implement the decision of the Council at the earliest opportunity.

76. Upon his return to Beirut to continue the work necessary to advance the investigation under the mandate extended until 15 December 2005, the Commissioner immediately continued his contacts with the Syrian authorities to elicit their full and unconditional cooperation.

77. On 4 November 2005, in a communication addressed to the Minister of Foreign Affairs of Syria, the Commissioner summoned six Syrian officials for interviews at UNIIIC Headquarters at Beirut during the period 15-17 November 2005. The Commissioner requested information on the whereabouts of another Syrian citizen, Mr. Ziad Ramadan (see paragraphs 59-64 above), whom it wished to summon as a witness. The Commissioner indicated also its wish to interview the Minister of Foreign Affairs at the United Nations Office at Geneva on 23 or 24 November 2005. The Commissioner further requested the Syrian authorities to relay to it any evidence or information on who had planned and/or carried out the assassination of Mr. Hariri.

78. The Minister of Foreign Affairs of Syria responded to the communication of the Commissioner on 7 November 2005. He indicated that the Syrian authorities would wish to launch on their part a judicial investigation into the assassination of Mr. Hariri. The President of the Syrian Arab Republic had signed on 29 October 2005, Legislative Decree No. 96, that established a judicial commission headed by the Prosecutor General of the Republic. The Syrian commission would start its investigation with Syrian nationals, either civilians or from the military, on all issues concerning the mission of UNIIIC and would cooperate with UNIIIC and the Lebanese Judiciary on all issues relevant to the procedures of the investigation. The Foreign Minister indicated that the Syrian commission would be in direct contact with UNIIIC to cooperate in order to uncover the truth of Mr. Hariri's assassination and that reaching a framework with UNIIIC would help achieve the required cooperation.

79. On 8 November 2005, the Head of the Syrian Special Investigation Commission, Judge Ghada Murad, invited UNIIIC to Syria to explore the best ways and means of cooperation between UNIIIC and the Syrian Commission. She further suggested that a memorandum of understanding be signed in his regard.

80. Also on 8 November 2005, the Commissioner responded to the communications of the Minister of Foreign Affairs and the Head of the Syrian Special Investigation Commission. He indicated that the Commission took note of the establishment of the Syrian judicial commission, and it looked forward to receiving any information and/or advice the Government of Syria might wish to share with it as a result of the Commission's work. as well as the archival and other documents requested in his letter of 4 November 2005.

81. The Commission noted, however, that the establishment of the Syrian Judicial Commission could not invalidate or substitute for the request the Commission had set out in its letter of 4 November 2005. The Commissioner expected the Syrian authorities to cooperate fully and unconditionally. In conformity with Council resolution 1636, Section III, Paragraph 11(c), the Commissioner had determined the date and venue of the interviews of a number of Syrian officials. In view of the urgency of the matter, it was critical that the Commission received a reply before 10 November 2005, in order to facilitate the logistical arrangements related to the interview in Beirut and the meeting in Geneva.

82. On 9 November 2005, the Commissioner received a communication from the Minister of Justice of Syria, Judge Mohammed Al-Ghofri, proposing the signature of a negotiable protocol of cooperation. The Minister indicated that the Syrian side considered that the Special Investigation Commission created by legislative decree No. 96 was the Syrian body which was exclusively mandated to cooperate and coordinate with UNIIIC. The Special Commission had carried out an interrogation of the suspected persons and had forbidden them to leave the country in order to make them available when called by UNIIIC. The Minister stated that paragraph 11 (c) of Council resolution 1636 did not necessarily mean that the venue had to be outside Syria, but rather it could be Syria or any other place that UNIIIC might choose (UNDOF headquarters, for example). He indicated that the interrogation of the suspected persons and the Syrian witnesses might be carried out in a third venue in order not to provoke any negative feelings between the Syrian and the Lebanese people. Therefore, and for the sake of cooperation, the Syrian Government and UNIIIC, specifying the mechanism for executing resolution 1636. The protocol should be the authority that regulated cooperation between the Government of the Syrian Arab Republic and UNIIIC.

83. On 10 November 2005, the acting Commissioner of UNIIIC sent a communication to the Foreign Minister of the Syrian Arab Republic reminding him that the Commission had determined 10 November 2005 as the deadline for receiving a reply to the Commission's requests of 4 and 8 November 2005. On the same day the Permanent Representative of the Syrian Arab Republic to the United Nations advised that he was unable to forward this correspondence to the Foreign Minister because the correct party that was dealing with all matters related to the investigation was the Syrian judicial commission.

84. On 18 November 2005, at the official request of the Legal Advisor of the Ministry of Foreign Affairs of the Syrian Arab Republic, the Commissioner agreed to meet with two representatives of the Ministry, at Barcelona. The issues discussed focused on the requested interviews of Syrian officials, the venue for the interviews, and the proposed protocol for cooperation. The Syrian side promised to forward an official answer in the coming days.

85. On 21 November 2005, the Permanent Representative of the Syrian Arab Republic presented to the President of the Security Council a not verbale regarding the implementation of the Council resolution 1636 (2005). The note verbale was circulated to members of the Council on 22 November 2005.

86. On 22 November 2005, the Legal Advisor of the Ministry of Foreign Affairs of the Syrian Arab Republic contacted the Commissioner to request more time to consider the matters discussed in the Barcelona meeting. The Commissioner indicated that he would appreciate receiving a definitive response in the coming days. In a subsequent telephone call to the Legal Advisor on 24 November 2005, the Commissioner reiterated the need for a prompt response, and no later than 25 November 2005. On 25 November 2005, the Commissioner received a positive reply.

87. On 5 and 7 December 2005, senior Syrian officials were interviewed at the United Nations Office at Vienna.

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