26. At exactly 1256:26 hours, Mr. Hariri’s convoy was passing directly outside the Hotel St Georges, along a route that it had taken only six times in the preceding three months. A large explosion occurred and resulted in the death of Mr. Hariri, 7 of his security detail and 12 other civilians in the immediate vicinity. Mr. Hariri was brought to the American University Hospital where his body was identified by his personal physician and by the legal physician appointed by the Government. Identification was made possible by body marks, X-ray and dental records. The cause of death had been immediate brain injury resulting in cardiac arrest.
The explosion
27. The Mission examined, analysed and carried out tests at the scene of the explosion over a seven-day period. Its view on the nature and type of the explosion is based on its experts’ interpretation of four main elements: (a) the dispersion, size and shape of fragments resulting from the explosion; (b) the size and shape of the crater created by the explosion; (c) ballistics interpretations; and (d) interpretations of the damage to the buildings in and around the area of the explosion.
28. The analysis of the fragments caused by the explosion and of the shape and form of the crater gives indicators equally supportive of hypotheses of a surface and a subterranean explosion. However, the analysis of the damage caused to the buildings in and around the crime scene suggests a surface explosion. The evidence of heat wash on several metal fragments is a clear indicator of a high-explosive charge; the fact that the Mission’s experts found evidence of heat wash on fragments of vehicles and on fragments of metal shield holders placed in front of the Hotel St Georges supports the hypothesis of a surface explosion. Metal fragments found sticking in the sides of cars indicate the explosion of a heavy vehicle and the dispersion of such fragments in this direction.
29. Many of the indicators pointing to a subterranean explosion, such as the fragments of, inter alia, the road asphalt and manholes, found in upper floors of the Hotel St Georges, the impact on the vehicle roofs, and the damage to upper floors in the adjacent buildings, are not inconsistent with a surface large explosion.
30. After having conducted all the analyses and the discussions of the samples collected, the Mission’s experts came to the conclusion that it had most likely been an explosion above ground, and that the explosive used was trinitrotoluene (TNT) having an approximate weight of 1,000 kilograms.
The crime scene
31. The crime scene was located at Ain M’reisa, City of Beirut, outside the Hotel St Georges. The immediate aftermath of the explosion was a scene of chaos, with multi-agency emergency services, media personnel and hundreds of passers-by and residents of Beirut arriving at the scene to help and observe. Removal of the deceased and injured began almost immediately. Much of the initial service was provided informally by persons who had arrived at the scene prior to the arrival of the emergency services.
32. In the immediate aftermath of the explosion, on 14 February, the investigation of the crime fell within the jurisdiction of the Military Court. Judge Rasheed Mezhar of that Court undertook overall responsibility for the management and investigation of the crime, including crime scene management and preservation and collection of
