The Beirut explosion file has entered a dangerous path (Hussein Beydoun / Al-Araby Al-Jadeed)
A dangerous development entered a file line Beirut port explosionled by the “Free Patriotic Movement” headed by the deputy Gebran Bassil (President Michel Aoun’s son-in-law), who decided to intervene to push for the appointment of an alternate judge to the original judicial investigator, under the guise of deciding the file of detainees “unjustly”, led by the former Director General of Customs Badri Daher, who is affiliated with his team, and “necessary and urgent matters”, while the This step introduces the case with swarms that would change its entire course, as confirmed by legal opinions.
In the details, the Minister of Justice in the Lebanese caretaker government, Henry Khoury (from Aoun’s ministerial share), sent a letter to the Supreme Judicial Council yesterday, Tuesday, proposing “the appointment of a judicial investigator to decide on the necessary and urgent matters of the Beirut port explosion, during the period when the original investigator was unable to do so, the judge Tariq Al-Bitartasks, such as requests for release and formal defenses, for example.
Bassil’s circles quickly leaked the approval of the proposal, and the start of the search for the names of the proposed judges, at a time when deputies in the “current” moved yesterday in the field to expedite the issuance of the decision, and for this they met with the Minister of Justice and the Supreme Judicial Council, where differences in views prevailed, while Basil escalated From his warnings and his intention to “liberate” those he described as prisoners of war.
Today, we met with the Minister of Justice and the President of the Supreme Judicial Council, accompanying the current and the families of the victims and those unjustly arrested, to move the file of Badri Daher and his companions. Hopefully, a decision will be issued quickly to appoint a replacement judge to decide on their release and reveal the truth. They have been wronged for a long time and it is time for them to take their freedom and to hold the actual criminals accountable! pic.twitter.com/J6hDt8xu89
— Nada Boustani Khoury (@NadaBoustani) September 6, 2022
In his book, Khoury cited “the deterioration of the health status of the detainees, and the emergency admission of one of them to the hospital due to the deterioration of his health.” He reinforced his position with a judicial precedent represented in “the assignment of Judge Jihad Al-Wadi as a judicial investigator in the case of the assassination of former Prime Minister Rafik Hariri and his companions during the travel period of the judicial investigator. In the case, Judge Elias Eid, during the 2006 judicial recess, according to the letter of former Minister of Justice Charles Rizk.
Note the bad faith of the Minister of Justice. He invokes the health condition of one of the detainees in order to appoint a replacement for Bitar, not only to resolve the requests for release, but also to decide the formal defense. Do we know what is the salt in the formal defenses before a judge who is blind from work? Note: Invoking the immunities of ministers and representatives is a formality. pic.twitter.com/FiBija3qfG
— Nizar SAGHIEH (@nsaghieh) September 6, 2022
In the wake of the protest stand of the families of the victims of the explosion today, Wednesday, in front of the Palace of Justice in Beirut, the lawyer in the Prosecution Office of the Bar Association, Youssef Lahoud, warns of the danger of appointing an alternate judge to the judicial investigator, on the judicial process as a whole, and how to approach legal matters, And what you will create is a huge circumstance.
Victims’ families #Beirut_port_explosion In front of the Palace of Justice once morest the robbery of the port investigations and in support of the judge #Tariq_Bitar pic.twitter.com/zat6p9xwOJ
— Salman Andary (@salmanonline) September 7, 2022
In an interview with Al-Araby Al-Jadeed, Lahoud stressed that “according to the law, there should not be two judicial investigators, especially at the same level and the same degree, which opens the door to having two opinions in one case,” asking in this context: “What if the judge expresses “The reserve has his opinion on certain points, contrary to the opinion of Judge Al-Bitar? Who will decide between them? This is a very dangerous point that they will sign the judiciary on.”
Likewise, Lahoud stops at the suggestion that the alternate judge decide on urgent matters such as releases and formal defenses, to highlight two very important and dangerous points; First, if the alternate judge considers that the release of one of the detainees is due to the criminal act being a misdemeanor, while the original one considers it a felony.
On the other hand, Lahoud points out that the requests may be related to the powers. With the defendants submitting a request to transfer the case to the House of Representatives, then, who decides on that? The alternate judge or the original? In the event that the former takes the decision with the authority of Parliament, in this case he will have settled the whole case from its basis and substance, under the guise of a “formal request”.
Lahoud also points out that the step of appointing an alternate judge may be met with a request from the families of the victims to return him, which would stop his hand, and thus further impede the proper functioning of the judiciary, pushing towards legal chaos and expanding the scope of arbitrary means.
On the other hand, the lawyer in the Prosecution Office of the Bar at the Beirut Bar Association sees the necessity of separating between deciding on requests for the release of detainees, whether rejection or acceptance, and the available means. Instead of violating the law and taking a step that may further obstruct the file, the detainees’ file must be moved, but By addressing the reasons that prevent the original judge from carrying out his duties, since December 2021, especially in terms of obligating Finance Minister Youssef Al-Khalil (from Parliament Speaker Nabih Berri’s government share) to sign the partial judicial formations of the heads of the chambers of the Court of Cassation.
In turn, lawyer Gilbert Abu Aboud, one of the agents of the victims’ families, described what is happening as “legal heresy”, as following the appointment of the judicial investigator, he cannot be “removed”, except through the issuance of a final judicial decision to reject him or transfer the case from his hand to another judge, Considering that “what is happening is blatant political interference in the file.”
Abu Aboud believes that this step would place the entire file in the hands of an alternate judge, who in turn must study it, with the time it takes to get into it, in addition to opening the door for the intervention of a new judge with the powers of the primary judge, which is illegal, he said. .
Abu Aboud considers that instead of correcting the course of the case by freeing the hand of Judge Al-Bitar and deciding on partial formations, the political authority is working to introduce the file in complete chaos.
Lawyer Ali Abbas insists that the step of appointing an alternate judge, “Fazalaka,” is legal and in violation, aimed at circumventing the laws and keeping Judge Al-Bitar’s hand in the matter of interrogating the accused and wanted political officials, and at the same time managing the detainees before the end of President Michel Aoun’s term of office on October 31. Next October, as a last chance for them to expel those affiliated with them.
On the other hand, Abbas confirms to Al-Araby Al-Jadeed the opposition of the victims’ families to the decision, and believes that Judge Al-Bitar will have a position on what is happening, as he cannot accept putting it “on the shelf” by circumventing the law. Or transfer the case from him or his resignation, knowing that this step, according to the circles of the judicial investigator, is not on his part.
The Changeists Bloc: Targeting Justice
The Deputies of the Changers bloc had a position on what they called “the process of targeting justice in the crime of the era, by fabricating an illegal release characterized by grave violations to appoint a new judicial investigator with exceptional and innovative powers, as a fatal blow to the role of the current judicial investigator, Tariq Al-Bitar.”
The bloc’s deputies said in a statement: “It seems that all our books, studies and legal folders that we submitted to the Minister of Justice, the Minister of Finance and the President of the Supreme Judicial Council, to form the General Authority of the Court of Cassation, and restore the course of justice in this case in regular, correct legal forms and means, were thrown into the trash.” “, stressing that this is an “imminent duty of those concerned, and an urgent right for all litigants, whether they are families of victims, harmed persons, detainees and others. “.
