(e) Parts of a pickup truck were brought to the scene by members of the security services, some time after the incident, and were placed in the crater and subsequently photographed and labelled as evidence;
(f) Up until 6 March 2005, the Mission observed that there were large numbers of uniformed personnel and persons in civilian attire wandering around the scene, and that there was no record of persons entering or leaving the scene and no control over removal or placing of items/samples at the scene;
(g) At a meeting with the local investigation’s senior management team on 8 March 2005, members of the Mission had requested a chronological report on items relating to the crime scene, namely, access by personnel, evidence gathered, exhibits taken, tests carried out and general crime scene management. On 15 March 2005, the Mission was informed that such a report did not exist and could not be provided;
(h) There is strong evidence to suggest that the investigating judges were not in control of the investigation;
(i) Intelligence/government agencies intruded on the site seemingly without judicial authority and subsequently failed to coordinate findings.
36. It is therefore the Mission’s view that the crime scene was not properly managed or preserved and that, as a result, important evidence was either removed or destroyed without record. Those responsible for the mismanagement should be held accountable.
Broadcast on the Al-Jazeera television network
37. At approximately 1330 hours on 14 February 2005, the director and senior presenter at Al-Jazeera TV, Beirut, received a telephone call from a man whom he described as having spoken, poor Arabic or as having just pretended to speak poor Arabic. The caller stated that "the Nasra and Jihad Group in Greater Syria claims responsibility for the execution of the agent Rafik Hariri, in the name of the oppressed, the Nasra and the Jihad". Al-Jazeera broadcast this statement at approximately 1400 hours. At 1419:25 hours, another male person called Al-Jazeera TV and speaking in "very good Arabic" said that a tape could be found in a tree near the United Nations headquarters building in Beirut. A member of the Al-Jazeera staff was instructed to go to the location but the staff member failed to retrieve the videotape. A second Al-Jazeera staff member was sent to retrieve the videotape, resulting in the videotape being retrieved and subsequently handed to the director. At 1527:37 hours, a third call was made to Al-Jazeera TV at which time another male voice asked why the tape had not been broadcast. The director informed the caller that the tape could not be broadcast until a decision had been made at Al-Jazeera headquarters in Qatar. The caller, who was by this time shouting loudly threatened the director stating that he would regret not showing the tape. At 1704:35 hours, a final call was made to Al-Jazeera TV at which time the same male voice, very angry, asked the director whether the tape would be broadcast or not. The director put the caller on hold; and it subsequently being determined that the decision had been made to broadcast the tape, the caller was then told that he should watch the television. The tape recording, which was broadcast by the Al-Jazeera network, showed a young bearded man claiming responsibility for the killing of Mr. Hariri on behalf of the Nasra and Jihad Group in Greater Syria. The person who
