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Beirut – “Al-Quds Al-Arabi”: a judicial development has emerged, the first of its kind in the history of the Lebanese state, exemplified by the complaint of the judicial investigator in the file of the attack on the port of Beirut, Judge Fadi Sawan , against Acting Prime Minister Hassan Diab and former Money Ministers Ali Hassan Khalilzi, Public Works Zuaiter, who belonged to the bloc of President Nabih Berri and Yusef Fenianos, who belonged to the Marada Movement, committed the crime of negligence and negligence and caused the death and damage to hundreds of people.
Judge Sawan set the dates for Monday, Tuesday and Wednesday of next week for the interrogation as defendants, provided that the two went to the government palace to question the head of the interim government, in accordance with the provisions of the Code of Procedure Criminal, after informing him of the content of the accusation, while the ministers were questioned in his office in the palace. Justice.
It seemed that this judicial step surprised the interim prime minister, whom he included in the framework of pointing to the position of prime minister with the aim of mobilizing the Sunni community, especially since the constitution provides a mechanism to prosecute heads of government and ministers before the Supreme Council to prosecute presidents and ministers in case they fail to fulfill their job duties, and Sawan sent a letter to the president. Parliament, Nabih Berri, requesting that the necessary measures be taken on suspicion. However, this letter Berri responded to him after a meeting of the Bureau of Parliament, expressing his disgust for the judges who do not read the law or know the basic articles on which the Supreme Council moves to hold the presidents and ministers accountable, and they do not take into account the stipulated principles It was mentioned in the Lebanese constitution and current laws, and the judicial investigator was not satisfied with not observing the principles, but violated them.
In the first comment on this measure, Diab issued the following statement: “The Prime Minister is clear of conscience and trusts his clean hand and his responsible and transparent handling of the Beirut port explosion file. He is surprised by this targeting, which exceeds the person on the site, and Hassan Diab will not allow the prime minister’s position to be targeted by any party.
Diab’s office added: “The judicial investigator, Judge Fadi Sawan, communicates the response of the acting Prime Minister, Dr. Hassan Diab, to the request to hear his testimony, confirming that he is a man of institutions and respects the law and it complies with the constitution that Sawan has violated and bypassed parliament, and that President Diab said what he had in this file and a point on the line. “
President Diab’s Press Office: Judge Fadi Sawan informed the judicial investigator of President Diab’s response to the request to hear his statement, confirming that he is a man of institutions and respects the law and complies with the constitution that Sawan has violated and Bypassed the House of Representatives, and they said what they have on this record and a point on the line.#Minister council #Hassan_Diab #Lebanon #pcm
– Presidency of the Council of Ministers 🇱🇧 (@grandserail) December 10, 2020
Soan’s allegation came after the disclosure of a visit that the Prime Minister was going to make to the port of Beirut to see the contents of flag No. 12, which contains ammonium nitrate, before he changed visits without knowing the reasons and who asked him not to complete the visit.
In a position of support for Diab and surprising that the president of the republic, Michel Aoun, has not been charged, former prime minister Najib Mikati tweeted, saying that “justice is not established with double standards, and the families of the victims of the port attack have the right to know the truth and hold those involved in the crime responsible ”. He asked: “How can selectivity be adopted in Prosecution and neglect of what the President of the Republic said about having read the reports that warn of the presence of hazardous materials in the port? “And he concluded:” The truth is all indivisible and not targeting specific people is a fabrication. “
Justice is not based on double standards and the relatives of the victims of the port attack have the right to know the truth and hold those implicated in the crime accountable. How can selectivity be adopted in the prosecution and ignoring what the President of the Republic said that he had read reports that warn of the presence of dangerous materials in the port? The truth is a comprehensive whole and targeting specific people is not an invention.
– Najib Mikati (@Najib_Mikati) December 10, 2020
Commenting on the maneuver of the judicial investigator, the Supreme Judicial Council issued a statement on the latest advances in the investigations in the case of the Port of Beirut, in which the following is stated: “Based on the statement issued by the Supreme Judicial Council on 8/5/2020, in which the Lebanese people pledged to work tirelessly, provided that investigations are being completed in the file of the explosion that occurred on 8/4/2020 in the port of Beirut, in accordance with the statements of 9/24/2020 and 7/11/2020, issued by the judicial investigator, Judge Fadi Sawan, through which public opinion was informed of what happened. In the aforementioned file, to the extent permitted by law, and in a manner that does not contradict the binding principle of confidentiality of investigations, it is important that the judicial investigator confirms again that the investigation is carried out with care and care. , with the respect that this requires respect for the legal and scientific principles that govern this type of crime, and that the statements and analyzes that circulate through the media and social networks are often incorrect, inaccurate and without foundation.
It also clarifies the following: – It sent a letter with attached documents to the Chamber of Deputies on 11/24/2020, in which it considered that it was clear from the discretionary investigations it had carried out that there were serious suspicions related to some government officials, with in order to clear the way before the Council, to practice what has the authority in this regard, but retains the powers of the judicial investigator in the exercise of the powers that correspond to him in the same matter. The aforementioned book was answered on 11/26/2020 by the body of the House of Representatives, according to which no suspicion was found regarding the persons mentioned in it according to the documents submitted, and that the Council is obliged to apply the Law N ° 13/90 relative to the proceedings of the trials before the Supreme Council. As stipulated in article 80 of the Constitution.
– The Public Ministry of Cassation charged two more people, so it decided, that is, the judicial investigator, to invite them for questioning.
– He decided to question several people as accused, including the prime minister, the ministers, one of the heads of the security services and a naval agent. He also decided to listen to one of the former military personnel as a witness and listened to four other witnesses.– Received new complaints from the Illustrious Bar Association, 142, and has begun to carry out the required procedures in this regard.
– Sent a request for international cooperation to the United Nations Organization in the person of its legal representative, with the aim of depositing the aerial photographs taken by the satellites of any of the countries that belong to it and belonging to it on 4/8 / 2020, or any information on an air or maritime war movement monitored by international forces. UNIFIL was operating in southern Lebanon, using its military radars, in the Lebanese air and maritime distribution area on the aforementioned day.
– That he received a response from the two French investigating judges in charge of the investigation opened in Paris, on the murder and injuries of French citizens in the explosion of the port of Beirut, indicating that the results of advanced and specialized laboratories that analyze samples taken from the site of the explosion will not be issued before February or March 2021. The aforementioned French judicial investigation runs parallel to the ongoing investigation in Lebanon, and is at a similar stage to it. In addition, there is communication with the French judicial authorities in this regard.
In conclusion, the judicial investigator reaffirms his perseverance in the performance of his work and his duty as quickly as possible, but without haste, to achieve the desired results and define the responsibilities towards the perpetrators.
Central ruler
In another judicial context, the Governor of the Banque du Liban, Riad Salameh, did not attend the investigation session convened by the Attorney General of Appeal in Mount Lebanon, Judge Ghada Aoun, at the Baabda Palace of Justice, with the money changers and the subsidized dollar, and sent a letter of apology in which he said he had not shown up due to security conditions. Lebanon … Judge Aoun showed her understanding and listened to the Director of Monetary Operations of the Central Bank of Lebanon, Mazen Hamdan, about the file of subsidized dollars and how the money changers distribute it.
Army officers
For his part, the first investigating judge in Beirut, Charbel Abu Samra, postponed until January 8 the examination of the appeal of the Public Ministry of the Appeal of the crime of illicit enrichment, out of 8 officers, who were attended by the former director Adam Fadel, along with his lawyer Carol Al-Rassi and Major General Abdul-Rahman Shehitli, along with his agent, lawyer Munir Al-Zoghbi, Brigadier General George Khamis and Brigadier Muhammad Al-Husseini, with his agent, lawyer Bilal Al-Husseini, retired Lieutenant Colonel Ahmed Al-Jamal and his lawyer, Rabei Zain Al-Din. Former army commander Jean Kahwagi did not attend. Attorney Karim Pakradouni attended. In attendance were Brigadier General Amer al-Hassan, his lawyer, Marwan Daher, and Brigadier General Kamil Daher, lawyer Marc Habaka.
The postponement came after the defendants began appointing lawyers and agents for several of them to present formal arguments, and Abu Samra gave the lawyers who requested access to the file a week to present their defense notes.
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