On the eve of the first anniversary of the interruption of the judicial investigation into the file on the explosion of the port of Beirut, the head of the Higher Council of the Judiciary, Judge Suhail Abboud, is studying the legal avenues that will bring back the judicial investigator, Judge Tariq Al-Bitar, does his job and starts the file from where he reached.
Judicial sources indicated that Abboud “examines more than one case law to bring the investigation back to its rotation, in particular the relaunch of the General Authority of the Court of Cassation with the approval of the judges assigned to the presidency of the Courts of Cassation as members of the General authority, without the need for a decree appointing the heads of the Courts of Cassation, which was frozen by a political decision ”.
The sources revealed to Asharq Al-Awsat that Abboud “will invite the original heads and delegates of the courts of cassation next week, to hold a session for the general body of the Court of Cassation, and to start the study of the controversies presented by the politicians. against al-Bitar, as well as deciding on the lawsuits filed against the cassation judges charged with hearing the response cases ”. Al-Bitar, which resulted in the suspension of investigations and procedures from December 23 (December 23).
The Head of the Judicial Authority moves in his effort from several facts, in particular the need to complete the investigations to clarify the truth about the explosion of the port and its causes, the fairness towards the families of the victims and the placing of the people Lebanese in the face of the reality of the explosion and of those who caused the killing of innocents and the destruction of the capital, as well as the decision on the requests for the release of the 17 detainees whose case has turned into a case of public opinion ” .
The sources indicated that “the surest and shortest way to resolve all these points lies in Al-Bitar’s return to his work, as he is the authority aware of the file and that he is close to completing the investigation. presented against him and the handcuffs ”.
The new attempt to break out of the vicious circle of obstructing investigations is neither an impromptu step nor the result of the hour, and judicial sources felt that “it was a true translation of what Judge Abboud had promised it would not be stood by and watched as he continued to investigate the largest known crime in Lebanon ”.
He explained that “this decision has been discussed with the main heads and delegates of the courts of cassation in the last two weeks”. He added that “there are four original heads of the courts of cassation and four delegates, and it is sufficient that five of them meet so that the quorum of the general body of the court of cassation is ensured, in order to meet and issue its decisions in cases against Al-Bitar and the other judges “.
However, a human rights source accompanying this effort has dampened the level of optimism. He feared: “This step will not be guaranteed.” He explained to Asharq Al-Awsat that “three judges of the four delegated presidents, namely Naji Eid, Janet Hanna and Randa Kfoury, are facing response and litigation lawsuits, and therefore are not entitled to attend the session of the general assembly. . “The judicial source said:” Judge Majed Muzahim has the right to participate as a member of the public body and therefore the quorum is complete, but who guarantees the presence of Judge Muzahim in light of the intense struggle for a case of this severity?”
The interim minister of justice Henry El-Khoury, on the other hand, is trying to activate the investigation, and has the interests of the victims and their families equal to those of those who have been detained for two years and three months. rather it derives from purely humanitarian reasons ”.
The sources confirmed to Asharq Al-Awsat that “the letter sent by the minister to the Judicial Council asking for approval of the appointment of a secondary judicial investigator, came on the basis of a prior agreement with the prime minister, Judge Suhail Abboud “. He stressed that “the proposal to appoint Judge Samaranda Nassar for his appointment as a judicial investigator was on a list previously approved by Abboud, and includes 8 judges, all rejected for various reasons, with the exception of Nassar, who accepted and therefore was proposed his name. “
The head of the Judicial Council still opposes the appointment of Judge Nassar, due to his political proximity to the Free Patriotic Movement, and his previous opinion of criticizing Judge Al-Bitar’s actions and his prosecution of politicians in the port file, and prefers to present another name characterized by impartiality and impartiality.
Here the Minister of Justice, according to those close to him, states: “The proposal for an alternative name cannot take place before the Superior Council of the Judiciary, unanimously or by majority, has taken a decision to reject Nassar’s appointment and to inform in writing the minister, and this did not happen happen. “
The sources of the Minister of Justice stressed that the latter is “interested in the humanitarian aspect of the detainees, especially that most of them are elderly and suffer from chronic diseases and poor health conditions”. He revealed that Minister Al-Khoury “previously spoke with the President of the Judicial Council about the negative repercussions of any harm that may happen to one of the detainees and that the judiciary cannot bear the consequences of the death of any of them, especially from since most of them, or perhaps all of them, have run out of pre-trial detention, and may have passed the penalty that could be imposed with it. “
Asharq Al-Awsat learned from informed sources that the Lebanese Ministry of Justice “recently received a letter from the leadership of international organizations, conferences and cultural relations, requesting information from the Lebanese government on four cases of arbitrary arrest”.
The information stated that the letter “was handed over by the Working Group on Arbitrary Arrests to the Permanent Mission of Lebanon in Geneva, which handed it over to the Lebanese Foreign Ministry and forwarded it to the Ministry of Justice. Former Customs) , Hassan Koraytem (the former head of the port of Beirut), Badri Daher (the current director general of customs) and Hanna Fares (the director of the Beirut region in the customs administration), on the sidelines of the investigation into the explosion of the port”. The letter did not just explain the reasons for the allocation of these detainees.
Things do not stop at this point, as sources close to the Minister of Justice explain that the latter “receives periodic reviews from the American and Canadian embassies in Beirut, asking for explanations on the continued arrest of people in the port dossier who hold the citizenship of i two countries “. He stressed that “the priority of the Minister of Justice is to decide on requests for the release of detainees, negatively or positively, and block all these questions”, noting that “releasing detainees or those who are entitled to them, does not mean hitting the investigation. or hinder it altogether “.
