The request by the Governor of the Central Bank of Lebanon, Riad Salameh, to set judges' salaries based on an exchange rate of 8000 Lebanese pounds per dollar has not gone unnoticed. Even the Minister of Labor in the caretaker government, Mustafa Bayram, expressed his "surprise at the unstudied and impulsive selective approach," especially knowing that a judge cannot adjudicate with justice and fairness if they do not feel justly treated. The current judicial situation echoes the early 1990s when the late Judge Joseph Gamroun submitted his resignation to Minister of Justice Bahij Tabara (1992-1995), expressing a recurring suffering today. He said, "I resign because I can no longer bear a situation where a judge stands at the door of a hospital, suffering from an asthma attack that nearly kills him, and is denied entry because he does not have a thousand dollars in his pocket... And because I can no longer imagine judges reaching the end of the month—with no money to buy a book for themselves, a shirt for their children, or even sometimes a loaf of bread, while they sit in humiliation... And because I, as a judge, can no longer find shelter under a state that honors the officers, who deserve honor, more than it honors the senior judges. I learned at home, in school, and in college that the freedom, dignity, and independence of citizens can only be achieved through a free, clear, and independent judiciary. This school I learned from and lived during those years is resigning today... It is resigning through those who preceded me and those who are racing ahead of me to resign."
What a resemblance there is between yesterday and today, as material stability is essential for the judiciary to establish justice and detach from bribes and other temptations. The judiciary is a cornerstone of the rule of law, democracy, and justice, and its members cannot be classified merely as employees, even if they, like these, receive salaries. They are members of a branch of government, and this specificity is derived from the nature of their work and the constitution's view of them. To affirm this specificity, separate salary scales for judges have been provided, distinct from those of public sector employees, even under the current legislation.
In light of this reality, a retired judge explained to "Akhbar Al-Yawm" agency that in every country around the world, both foreign and Arab, judges' salaries are always the highest. He stated: "Despite the importance of security and military apparatuses, security cannot be maintained, nor can any raid, arrest, or even release take place without a judicial order. Thus, is it reasonable for us to go to a judge to resolve our problems while his salary is the lowest?"
In this context, the judge points out that the revolution, as well as the government and parliament, calls for accountability and the fight against corruption, but who conducts this accountability if not the judicial body? And how can we build a new republic based on accountability and punishment if this judge is "poor," warning that not improving judges' salaries will open the door to "wasta" (favoritism) or "bribery." Regarding criticism related to the salary based on an exchange rate of 8000 pounds to the dollar, the judge remarked: "The Lebanese people should cheer every time a judge's salary rises," adding: "The issue of judicial independence is not the solution without improving the financial situation of the judge, knowing that this dilemma has been one of the judiciary's main problems for over 35 years." The judge continued by praising judges who perform their duties despite the financial crisis, considering that every judge in Lebanon is independent, and when their salaries are raised, they can create miracles. In response to a question, the retired judge noted that the Sayrafa platform has become a starting point for financial transactions, and judges should not be excluded from it, calling for freeing judges from the chains that bind them economically.
Regarding judges' absences from courts, he stated: "They do not attend their workplaces due to the high cost of gasoline, or due to electricity cuts, or due to a lack of stationery... for a pen and paper are the tools of their trade!" He reiterated that when the judges' circumstances are improved, they return to work, and the courts become active again... Can they work for free? The judge explained that nations are built on three foundations: security, the financial situation of the country, and an independent judiciary that plays a pivotal role between the first two foundations, as it adjudicates disputes arising from financial or security issues. He concluded by saying: "The one who lacks something cannot give it; a judge cannot serve justice for people who are not justly treated." The current situation of judges' salaries is sufficient to drive a number of distinguished and highly qualified judges to resign!
