Lebanon

Judicial Appointments for the Appeal Chambers... and the Government: A Friendly Message to the Arabs

Judicial Appointments for the Appeal Chambers... and the Government: A Friendly Message to the Arabs

The newspaper "Al-Jumhuriya" wrote: The question occupying the minds of all Lebanese is: who stirs the elements of tension during this period? What surprises or pitfalls does this tension conceal or pave the way for? Lebanon today is also financially and banking paralyzed, adding to the malfunction that has persisted for more than two years in all its economic, social, life, and living sectors. The surrounding facts related to the clash between certain judiciary and banks indicate that dark clouds are forming politically, judicially, and financially in the horizon of this clash. The existing language of challenge warns of greater and possibly more dangerous interactions in this crisis which, without a doubt, has shattered the judicial image and further fragmented the banking sector.

**Sharp Division**

The internal division is sharp regarding this clash, with a clear governmental confusion in how to approach it. The outcomes of last Saturday's Cabinet session exemplify that the executive authority is hampered in this matter, having no power to make any decision or take any action towards it. At the level of the people, the image is at the peak of "obscurity." On one side, there is public outrage against the two sides of the crisis, and on another side, there is confusion about whom the people should align with: judicial procedures shrouded in doubts and surrounded by ambiguities and accusations of yielding to political suggestions, or banks that were the first to exploit the crisis hitting the country, seizing the funds of depositors and subjecting rights holders to the ugliest forms of extortion, and now trying to portray themselves as victims of malicious, fictitious procedures targeting them?

The only clear victim, as is evident, is the people, who are paying the price for any clashes that occur over any title or detail. Today, they pay in their salaries and their money seized in banks, in the manipulation of the dollar and prices, and in lining up in queues at fuel stations—not out of any justifiable reason, but due to a malicious procedure taken by the fuel mafia to withhold distribution, while the authority remains silent as if it is unconcerned. Instead of imposing its authority to deter this mafia, a mere phone call from the Minister of Energy pleading for continued distribution suffices. As a result of the loss of authority, it's natural that the hoses would be raised, as no one questions or holds accountable, and it is not at all far-fetched, in light of this blatant evasion of accountability and punishment, that the infection would spread once again to all living and livelihood matters.

**Claims**

In a related context, Judge Ghada Aoun filed charges against the Governor of the Central Bank of Lebanon, Riad Salameh, for the crimes of unlawful enrichment and money laundering. She also claimed against Raja Salameh, Anna Kozakova, and several companies for involvement in this crime. Aoun referred them to the Chief Investigating Judge in Mount Lebanon, Nicolas Mansour. The Central Bank Governor Riad Salameh did not attend his session before the Public Prosecutor in Mount Lebanon, Judge Ghada Aoun, which was scheduled for yesterday at 11 AM. Judge Aoun issued a decision to place a ban on any transactions concerning all real estate properties belonging to Raja, in order to preserve the rights of the public treasury that were clearly wasted as a result of the preliminary investigations she conducted into the complaint submitted by the legal department of the "Justice Pioneers" group represented by lawyer Haitham Azzo.

Additionally, in response to a question about his accusation of unlawful enrichment, Salameh revealed to "Reuters" that he ordered an audit regarding this topic, pointing out that he did not disclose that public funds represent any source of his wealth. This comes at a time when the legal department of the "Justice Pioneers" and "United" groups, represented by lawyers Haitham Azzo and Rami Aliq, filed criminal complaints against all current and past members of the Central Council at the Central Bank of Lebanon since Salameh took office, for crimes of negligence, serious errors in managing public facilities, abuse of power, waste and squandering of public funds, undermining the state's financial position, and violating all financial and banking laws stated in the Penal Code and the Currency and Credit Laws.

**Significant Judicial Development**

According to information from "Al-Jumhuriya," after the prolonged session yesterday of the Supreme Judicial Council, a decision was issued to appoint the presidents of vacant chambers of the Court of Cassation, which had recently seen increasing disputes among judges. However, internal pressures, especially following the recent Cabinet meeting, may have escalated the urgency of the appointments, resulting in the appointment and filling of vacancies in the General Assembly of the Judicial Council, which convened under the presidency of Judge Suhail Aboud, the public prosecutor Ghassan Oueidat, the head of the Judicial Inspection Authority, Burkan Saad, and judges: Afeef Al-Hakim, Habib Mahzar, Dani Shibli, Miray Al-Haddad, and Elias Risha. The opinion settled on appointing judges Najee Eid, Majed Mazihim, Saniya Nasr, Ayman Oueidat, Habib Raziq Allah, and Munif Barakat. Furthermore, Judge Majed Mazihim was transferred from the presidency of the South's Court of Appeal to the presidency of the eighth chamber of the Court of Cassation, and Judge Saniya Nasr was transferred from the presidency of the Court of Appeal in Jdeideh Metn to the presidency of the fifth chamber of the Court of Cassation, replacing Judge Janet Hanna, who returned to the presidency of the Court of Appeal in Beirut.

The public prosecutor in the Bekaa, Judge Munif Barakat, was appointed as the head of the sixth chamber of the Court of Cassation, replacing Judge Randa Kfoury, who had previously refused to have her position confirmed by the public prosecutor Ghassan Oueidat after her erroneous legal decision to dismiss public prosecutor Ghassan Khoury in the Beirut Port blast case. The President of the Court of Appeal in Beirut, Judge Ayman Oueidat, was appointed in the presidency of the second chamber of the Court of Cassation, instead of the appointed judge Rola Al-Masri, who will retire in about a month. Moreover, the first president of the Court of Appeal in Beirut, Judge Habib Raziq Allah, was transferred to the presidency of the tenth chamber of the Court of Cassation.

As a result of these appointments, the number of the General Assembly of the Court of Cassation has been completed, allowing it to meet normally with its advisors. The Minister of Justice, Judge Henry Khoury, is expected to appoint the fifth member from the government quota, which is Judge Saniya Nasr. With this appointment, the number of the General Assembly of the Court of Cassation is complete, enabling it to return to normal operations.

**Concern, Caution, and Doubts**

This atmosphere, clouded by obscurity, has left the country in a state of imbalance, swinging on a tightrope of uncertainties. The dates for the elections are theoretically set for May 15, following the completion of the nomination rounds, and the Ministry of Interior has completed its preparations to accomplish this matter on time. The officially announced position reiterates the refrain that elections will occur on time and will not be delayed for even a minute. However, this official stance is not coupled with a decisive affirmation that dispels existing doubts regarding their execution.

Indeed, the words from both official and unofficial political councils are infused with concern regarding these elections, wary of devious games orchestrated by political entities and dark rooms to topple elections and open the country to the unknown.

**Opponents of Aoun Do Not Believe Him!**

However, alongside this anxiety and caution, “mutual accusations” are emerging among political forces which seem destined to define the 53-day period leading up to May 15. According to the hostile surroundings surrounding President Michel Aoun and the "Free Patriotic Movement," which includes various forces such as the "Lebanese Forces Party," civil movements, and other parties that classify themselves as "revolutionary" and "change-oriented," this group accuses Aoun and his movement of an unequivocal endeavor to disrupt elections by fabricating a range of tension elements to explode the entitlement, as evidenced at the start with the expatriate file, then with the provocative mention of "megacenters" before its failure, culminating in the direct judicial assault on Central Bank Governor Riad Salameh and the banks.

These forces accuse "Hezbollah" of providing cover for Aoun and the Movement’s leader, MP Gebran Bassil, in this endeavor to protect them from elections that would defeat them and strip them of their clout in the Christian representation scene, revealing that their political popularity and parliamentary majority have diminished and decayed.

Opposition sources go further, telling "Al-Jumhuriya": "The matters are extremely clear to us, and based on this, we do not believe in the President's assurances regarding the elections, because, in truth, he does not want elections. He believes that halting them would necessarily obstruct the presidential elections, and he has previously declared openly that he would not deliver the void. Accordingly, all opposition forces are collaborating to prevent this goal from being achieved at any cost because such a scenario would open the country to ruin."

**Counter Accusations**

Conversely, the team supporting the President and his allies, particularly "Hezbollah," attributes the effort to obstruct elections to the "hostile team," focusing primarily on the "Lebanese Forces." The reasoning, as stated by sources supportive of Aoun and his movement to "Al-Jumhuriya," is that "the 'Forces' have come to realize that the hour of truth is fast approaching, and all the slogans they raised and invested in since October 17, 2019, which fueled the aspirations of the 'revolution,' will not allow them to achieve the change they promised. Instead, the elections will yield opposite and embarrassing results for the 'Forces' compared to any other opposing or movement entity, as it will restore the current parliamentary map without changing it, and even possibly enhance their majority."

According to the same sources, "the party genuinely striving for disruption has external support, especially from the Americans, who want elections that realize what they call the aspirations of the Lebanese people, which they have encapsulated in gatherings in some squares and streets demanding change and a radical transformation in the parliamentary and political reality. Thus, everything they built since October 17, 2019, until today will collapse with the results of the May 15 elections, which all studies and surveys, including their analyses and studies, affirm will demonstrate the retention of 'Hezbollah' allies' majority in the new parliament, exceeding half of its members. Consequently, it is unsurprising that this team would seek to obstruct the elections."

**UN Official: We Are Watching**

Amid these tensions, a UN official informed "Al-Jumhuriya" in response to a question: "The international community is closely monitoring the preparation pathways for the parliamentary elections, wishing them to occur on schedule in an environment of stability and complete neutrality from the Lebanese authorities, allowing the Lebanese people to express their tendencies freely, away from any steps or interventions or practices that would call their integrity, credibility, and transparency into question. Any step towards their obstruction is a pre-condemned action by the international community. All international levels have previously warned Lebanese officials that obstructing elections would cause significant harm not only to Lebanon but would further exacerbate its crisis and will be met with a harsh international backlash and unprecedented sanctions against the obstructors and anyone supporting their direction."

The UN official revealed, "We are seriously studying the possibility of sending monitors for the elections in May, with a decision in that regard possibly crystallizing in the next few weeks." In response to a question, the UN official avoided linking aid for Lebanon to the composition of the parliament resulting from May elections, merely stating: "What we see as critically important is that the elections occur on time, allowing the Lebanese people to exercise their right to choose their representatives in parliament. As for assistance to Lebanon, as previously confirmed by the international community and all financial institutions, it is tied to undertaking fundamental reforms in Lebanon."

**Aid**

However, sources in the Foreign Affairs Committee of the parliament also disclosed to "Al-Jumhuriya" that a senior official from one of the international financial institutions confirmed to some committee members that "aid to Lebanon is contingent on the nature of the new parliament, which the international community sees as crucial to establishing in a way that fulfills the aspirations of the Lebanese and the change they desire, vocally championed by protestors in the squares."

**IMF**

Additionally, Deputy Prime Minister Saada Al-Shami announced that last week saw several meetings with the International Monetary Fund, focused on the "Capital Control" draft law and the Fund's observations on it, after members of parliament asked to reach an agreement with the Fund on this law before presenting it to the parliament. The discussions also covered banking secrecy and the necessity of amending certain provisions of the current law to facilitate combating tax evasion and corruption in general. Continuing examinations of the banking sector were discussed, aiming to protect depositors while reactivating the banking sector's role in funding the private sector, stimulating growth, and creating job opportunities. The discussions also addressed the responsibility of everyone in dealing with the losses of the banking sector, while adhering to the international standards for resolving this crisis. To this end, an agreement was reached to prepare a draft law for restructuring the banking sector, following agreement on the financial correction strategy. These meetings will continue throughout this week in preparation for the Fund's mission visit to Lebanon next week to complete the negotiations.

**Pope: To Preserve Lebanon**

In political matters, President Michel Aoun met with Pope Francis in the Vatican yesterday, where the Pope affirmed to the President that "Lebanon holds a special position in his prayers and is central to his concerns, despite the strained international situation on multiple fronts," stressing that "it is not absent from the Vatican’s concerns." The Pope expressed sorrow over the dire economic and social conditions in Lebanon, emphasizing that Lebanon, with all its sons—Christians and Muslims—should not abandon its original values based on respect. He asserted that "it is imperative to maintain the Christian presence in the East, just as it is essential to uphold coexistence in Lebanon, which has made it a message." The Pope also confirmed that he seeks, along with everyone worldwide, to preserve this homeland, which the Vatican has always regarded as a message and a model, reiterating to President Aoun his insistence, more than ever, to visit Lebanon to revitalize hope there, stating: "I will visit Lebanon soon. That is a decision I have made, for Lebanon remains a model for the world, no matter what."

**Mikati and the Arabs**

On the eve of the Cabinet meeting tomorrow, Prime Minister Najib Mikati confirmed the government's commitment to what was included in the clauses of the Kuwaiti initiative and to restoring relations between Lebanon and the Gulf Cooperation Council countries to their normal state, taking the necessary and required actions to enhance cooperation with the Kingdom of Saudi Arabia and the GCC countries. He stressed the need to cease all political, military, security, and propaganda activities that undermine the sovereignty of the Kingdom of Saudi Arabia and the security and stability of the GCC states emanating from Lebanon. He also affirmed, in a statement yesterday, "Lebanon's commitment to the Riyadh Agreement on judicial cooperation and the extradition of wanted individuals to the Kingdom of Saudi Arabia, as well as the commitment to take all necessary measures to prevent the smuggling of contraband, particularly drugs, into the Kingdom of Saudi Arabia and the GCC states, either directly or indirectly, and to tighten control over all entry points." He reaffirmed that the Lebanese government will work to prevent the use of Lebanese financial and banking channels for transactions that could harm the security of the Kingdom of Saudi Arabia and the GCC countries."

**Al-Rai**

On another front, Maronite Patriarch Mar Bechara Boutros Al-Rahi met yesterday with the Grand Imam of Al-Azhar, Sheikh Ahmed Al-Tayyeb. The meeting addressed fraternal relations and Christian-Muslim coexistence as well as the role of the Maronite and Catholic Churches and Al-Azhar in promoting love, peace, and communal living. The meeting also discussed Egyptian-Lebanese relations, President Al-Sisi's support for Lebanon, the document of human fraternity, and the historical relations between the Catholic Church and Al-Azhar. Al-Rahi also met with the Secretary-General of the Arab League, Ahmed Aboul Gheit, emphasizing that Lebanon remains an active member of the Arab League, calling for the media to play a supportive role for Lebanon by focusing on the positives, distancing itself from those spreading false news. He stressed the need for Lebanon's neutrality so that it can resume its role and regain its stature, confirming that Lebanon's isolation from its international and regional environment does not please anyone.

**Amal**

Electorally, the Amal Movement reiterated its call "for wide and effective participation and to make every possible effort in Lebanon and abroad to ensure that the upcoming parliamentary elections serve as a bridge towards a Lebanon characterized by social justice governed by institutions, in a civil state that grants citizens their role in building and development, especially since parliamentary elections are an expression of free and democratic choice of programs and projects, at a moment requiring the gathering of all energies to fortify Lebanon and enhance its resilience." In a statement from its political office, it emphasized "the necessity of removing all obstacles hindering the right of all Lebanese to secure a social, economic, and financial safety net that protects the rightful demands of the people, away from political exploitations." It noted that "the absence of the financial card from the obligations of officials and the budget project comes at a time when citizens are experiencing increasing burdens, whom we repeatedly demand their right to recover their deposits and money. This is the first tax they paid by withholding their deposits, and their demand is being renewed today in the form of the judicial-banking conflict preventing them from accessing their funds, entitlements, and salaries." The Movement called for "expediting the establishment of a clear economic strategy that ensures the needed financial and economic adjustment, returning balance particularly regarding the opening of constructive competition, after the Parliament's approval of the anti-monopoly law, which represents an opportunity to restore balance in the supply and demand market through competition in favor of the people, thus helping curb the greed of traders, cartels, and price fluctuations."

**Jumblatt**

For his part, the head of the Lebanese Forces Party, Samir Geagea, stated in Maarab yesterday: "With full moral integrity, truth, and reality, we tell everyone allied with 'Hezbollah' in the upcoming electoral entitlement, that they align themselves with the killers of the martyred Prime Minister Rafik Hariri, as per the findings of the high-level international judicial ruling issued in this crime, which was completed last month as it was concluded, going through all the martyrs of the 'Cedar Revolution,' reaching to the martyrs of the Beirut Port explosion; an explosion that 'Hezbollah' has insisted on obfuscating its investigations and still does." Thus, he emphasized the importance of maintaining at least a minimum of objectivity, even amidst current election campaigns.

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