The judicial investigator is about to issue subpoenas and the House of Representatives charges him with a violation



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The confrontation reached its fiercest point in the case of the explosion of the port of Beirut. Yesterday morning a letter arrived from the General Secretariat of the House of Representatives, through the discriminatory Attorney General Ghassan Awaidat, to the judicial investigator, Fadi Sawan, requesting him to deliver to Parliament the documents on which he relied for his decision to hear to the deputies as defendants, accusing him of violating the constitution, stating that he cannot initiate the common law lawsuit and criminal prosecution knowing that the Council of Representatives has a normal contract. Consequently, the judicial investigator cannot initiate a common law claim against a deputy without removing his immunity. The conclusion of the book is that the jurisdiction to investigate and prosecute belongs to the House of Representatives, not to the judicial investigator.

This coincided with Sawan’s setting of new dates for the interrogation sessions. Al-Akhbar learned that MPs Ali Hassan Khalil and Ghazi Zuaiter will be duly notified through the House of Representatives, and Prime Minister Hassan Diab through the Presidency of the Council of Ministers, provided that former Minister Youssef Fenianos is notified through the security forces. Tomorrow, Wednesday, the date has been set to listen to both Khalil and Zuaiter, Thursday to Fenianos and Friday to Diab. Al-Akhbar learned that the team of defendants who are concerned about the lack of impartiality and objectivity of the investigator tend to submit an application to the Court of Cassation to transfer the case on legitimate suspicion.
Soan’s response to the parliament’s message was his insistence on listening to the representatives setting a new date for the interrogation sessions. The information spoke of his decision to leave and issue habeas corpus orders against those who refused to appear before him. This is what led the Interior Minister, Mohamed Fahmy, to announce that he will not comply with any judicial decision in this regard. This is what reinforces the battering rams that are circulating between Sawan and his supporters, on the one hand, and Parliament, the Movement of the Future and former prime ministers on the other. The political and judicial confrontation will intensify in the coming days, especially because the group of defendants considers that the politicization of this file began with the visit of the Judiciary to the President of the Republic, while the file moved in a different direction before him . Furthermore, Sawan’s decision to select between names strengthened the politicization hypothesis, because if all the former ministers and prime ministers of the four governments were considered accused, it would have blocked any accusation of politicization. Consequently, the question of immunities was inevitably annulled, as the Judicial Council was the highest exceptional criminal court.
Returning to the content of the book, the House of Representatives asked the judicial investigator to freeze the procedures that violate the necessary constitutional provisions. Sources familiar with the content of the letter revealed that Parliament requested information in its letter and did not request the revocation of the powers of the judicial investigator, considering that the mere decision to listen to any deputy and question him as a defendant means that the judge has initiated the common law claim, and this is not possible by immunity. The sources considered that the decision to hold any deputy responsible for his negligence in his capacity as minister and due to the performance of his ministerial functions, and because the fact is linked to his capacity as minister, requires the application of articles 70 and 71 of the Constitution, that is, the Parliament conducts the investigation. And if he finds evidence to base himself on, he makes the accusation, then the Supreme Council judges the presidents and ministers (which does not exist and who has never played their role) the trial.
On the other hand, sources who follow the case believe that the unjustified selectivity of the judge does not exempt the ministers from appearing before him. There are several questions that the judicial investigator did not answer to the public opinion. It did not adopt a logical methodology to be followed in its investigations into the Beirut port bombing. Today, we tend to waste the investigation between the correspondence, instead of looking for the main person responsible for what happened. Because Sawan did not provide clear answers to the basic logical questions, he left the investigation and public opinion lost between half conspiracy theory and half negligence four months after the crime. It didn’t answer a basic question: Did nitrates come to Lebanon by chance or did they come by action? And if it was by chance, then that means there is no responsibility, not on the owner, not on the captain, the crew, and even the shipping agent. And if there is a conspiracy, that means everyone is involved.
The second question concerns the floatation of the ship and the transfer of nitrates to hold number 12. Did the ship float all the way into someone’s soul or was the nitrate transported because the ship’s condition was miserable?

He went to the defendants to submit a request to transfer Sawan’s case on “legitimate suspicion”.

The third question refers to administrative and security responsibilities; As is evident, there is administrative negligence and negligence regarding the dealings of the employees at the port and the former and current directors of customs, Shafiq Marei and Badri Daher, and the head of the port management committee, Hassan Quraitem. There is also a flagrant judicial ruling that amounts to a criminal offense for the negligence of the former Chief of Cases, Marwan Karkabi and the current Helena Iskandar = various correspondence warning of the danger of nitrates. Despite this, the forensic investigator did not summon either of them. However, the basic flaw is still quintessential security. Mari wrote to Army Command in 2014 about nitrates. He did not write to the Chamber of Commerce and Industry to suggest that he sell it to the Shammas explosives company, but wrote to the Army Command as the main person concerned about security. In this sense, the fault is not in the information part, but in the operational part in the handling of the file. The army has known for six years that these materials exist, but has not acted. As for the absence of the investigative methodology that the judicial investigator was supposed to observe, it is related to the fact that he did not dare to summon the first official in charge of security, that is, the army. He did not summon former army chief Jean Kahwaji, or current army chief Joseph Aoun, who has been in his post for three years, but instead went after the weakest link, whether they were public security officers or state security officers. Sawan was not satisfied with that, but suddenly proceeded to selectively go after political officials, despite sending a letter to the House of Representatives containing the names of 12 ministers along with four heads of government. For your information, the responsibility of the ministers and the prime minister is only a moral policy. Suppose Prime Minister Hassan Diab went to the port to inspect the nitrate, who would have asked to act on it? Had he carried it on his back to get him out of the harbor? Of course, he would have asked the army leaders to take care of it. And the army has known of his presence for six years. The same occurs with the Presidency of the Republic, which would have taken the same action when informing the main security concern, which is the army and its intelligence.
In addition, Al-Akhbar learned that the Judges Club is holding a “judges meeting” in support of Sawan.

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