"The indictment of four men linked to Hezbollah in the 2005 assassination of
Lebanese Prime Minister Rafik Hariri made public by the Special Tribunal on
Lebanon Aug. 17 is questionable not because it is based on "circumstantial
evidence", but because that evidence is based on a flawed
premise. The evidence depends on a convoluted theory involving what
the indictment calls "co-location" of personal mobile phones associated with
five distinct networks said to be somehow connected with the plot to murder
Hariri. The indictment, originally filed Jun. 10, says that, if there
are "many instances" in which a phone is "active at the same location, on the
same date, and within the same time frame as other phones", but the phones do
not contact each other, then it is "reasonable to conclude from these instances
that one person is using multiple phones together". Based on that
assumption the indictment asserts that "a person can ultimately be identified by
co-location to be the user of a network phone." On that reasoning, one
of the four accused, Salim Jamil Ayyash, is said to have participated in a "red"
network of phones that was activated on Jan. 5, 2005, only contacted each other,
and ceased operations two minutes before the blast that killed Hariri. The "red"
network is presumed to have been used by those who carried out surveillance as
well as prepared the logistics for the bombing. But Ayyash is also
linked by "co-location" to a "green" network that had been initiated in October
2004 and ceased to operate one hour before the attack, and a "blue" network that
was active between September 2004 and September 2005. The only basis for linking
either of those two sets of mobile phones to the assassination appears to be the
claim of frequent "co-location" of Ayyash's personal cell phone with one of the
phones in those networks and one red phone." (thanks Sam)