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The judicial investigator will demand more political and security figures (Hussein Baydoun / The New Arab)
The confrontation between the judicial investigator in the Beirut port bomb attack, Judge Fadi Sawan, and those accused of the crime of negligence and negligence and causing the death and damage of hundreds of people, in light of the rebellion against judicial decisions under the excuses of the constitution and the legal principles to which the political parties discretionally resort according to the need that serves their interests.
Al-Araby Al-Jadeed learned that the former Lebanese Finance Minister, Deputy Ali Hassan Khalil, and the former Minister of Public Works and Transport, Representative Ghazi Zaiter, did not appear Wednesday before Judge Fadi Sawan, who accused them, in addition to the Acting Prime Minister Hassan Diab and former Minister of Public Works Yusef Fenianos, for the crime of negligence and negligence and which caused the death and injuries of hundreds of people.
Whereas, Diab’s sources confirm to Al-Araby Al-Jadeed that he has not yet made the decision to appear before Sawan, after he refused to listen to him the day before Monday at the government headquarters, noting that Diab is practicing his activities normally at his home in Talat al-Khayyat in Beirut.
Ali Hassan Khalil told Al-Arabi Al-Jadeed: “I did not appear before Judge Sawan today, because I did not submit reports in accordance with legal principles, at my home or through the House of Representatives.
Likewise, a source close to Zaiter told Al-Arabi Al-Jadeed that the latter will not attend or appear before the judicial investigator, and that he is conducting his activities and meetings as usual in his office.
These excuses are put by a judicial source following the file in the category of “avoiding responsibility and fear of exposure.” The source considers that “the refusal of the accused to appear before Judge Sawan confirms that we are in an absent Sharia, not in a state of law and institutions. They must arm themselves with this and go to the judicial investigator with firm and confident steps. As for Judge Sawan, he must move away from the principle of batch prosecution and not exclude any official from his charges. “
For his part, Fenianos announced that he will face the accusation according to his method and opportunity, since he is a lawyer and does not have representative immunity, unlike the defendants Hassan Khalil and Zuaiter, and his decision is made alone. His circles said the former minister went to the Palace of Justice on Tuesday to appear before Judge Sawan, but was not officially informed that the judicial investigator postponed the session.
Diab Sources: You have not yet made the decision to appear before Sawan, after he refused to listen to him the day before Monday at government offices.
In context, a source close to Judge Sawan confirmed to Al-Arabi Al-Jadeed that “the judicial investigator will prosecute more political and security figures, respectively, and will hear several high-ranking security chiefs on file as witnesses.” .
The former Cassation Prosecutor, Judge Hatem Madi, explained to Al-Arabi Al-Jadeed that “the notification is fundamentally, either personally in hand, or at the home of the accused by one of his relatives or workers there, as well as a sticker, either on the door of the house or in the town square, or the chosen one. “
On the other hand, Madi clarifies that, “in the event that the defendant does not appear before the judge the first time, he may call him for the second or third time in the same way, and if he does not attend, this indicates intention not to attend, unless the accused apologizes after informing him. And the judge accepted his excuse, so it cannot be considered that he had not appeared ”.
Among the procedures that judge Sawan can resort to, Madi said, “Issue a summons to be notified to the judicial police, and to be executed by the gendarmerie or the police, who must bring the accused 24 hours before the hearing.”
At a time when the Interior Minister in the interim government, Mohamed Fahmy, announced that he would not implement any judicial decision in the event that the arrest of the accused is issued, Madi affirms that “the judicial police are under the authority of the Attorney General , and the gendarmerie or the police have the right to execute the decision even if the Minister of the Interior refuses to do so, who will then be responsible for his decision and will be able to pursue him.
Judge Sawan can also “require defendants to pay a fine for failure to appear.” The other, more difficult option would be “to issue an arrest warrant in absentia,” says Madi.
The former prosecutor pointed out that these procedures are registered in a logical sequence, but at the same time not binding, which means that the judge’s procedures are discretionary, for example, for him to issue the arrest warrant without issuing a summons.
Regarding the possibility of Judge Sawan resigning, he places the past of this step, if it was carried out, in the circle of the “broken judiciary”, and stresses that “this is how the State is broken with all its institutions and they lose the rights of the people and the victims and all the losses that Lebanon and Beirut suffered as a result of the explosion. ” For the judiciary to triumph, whatever the considerations, reasons and motives, and the judiciary is prohibited from breaking. From here I hope that Sawan does not withdraw or resign, because this is a crime of the time, and the Lebanese want to know the truth, and will be by his side to provide him with the necessary support to face all the pressures and follow the file to the end. . .
For his part, Ali Murad, a university professor and political activist of the Amiya group on October 17, told Al-Arabi Al-Jadeed that the main problem lies in political responsibility, not in administrative, technical or bureaucratic detail, and in the inability of the political system to find a solution to nitrate substances. The ammonia found in the port of Beirut throughout these years, before the crime occurred, despite the warnings and correspondence in this regard, and the judiciary must attend to it “, noting that” refusing to appear before Judge Sawan it is an evasion of political responsibility, always carried out by politicians, even in “The economic records, nobody recognizes or acknowledges having the responsibility for the collapse of the country financially, in monetary and living conditions.”
Murad believes that “whoever places the prosecution in the circle of political targeting and resorts to sectarian attempts, and the protection of the third presidency, takes proactive measures to protect himself”, noting that “the political authority seriously violates the law , and the accused must go to the investigation when summoned. ” He will defend himself if he trusts in his innocence and lack of responsibility for the explosion, otherwise he will be a fugitive and a fugitive from justice. “
Murad says: “No one will be able to close the record of the Beirut port explosion, and the judiciary must assume its responsibility, and Judge Sawan will be the voice of the people to obtain the popular protection that allows him to go far in the case. As for the sectarian umbrellas, their goal is to protect the heads of other people who may be the subject of charges in future Stages, and they consider themselves above responsibility. From here, they look behind Hassan Diab. “
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