Between January 9 and 20, a delegation of European judges from France, Germany, and Luxembourg will visit Beirut on a mission that appears to target investigations into Lebanese figures, including the Governor of the Central Bank of Lebanon, Riad Salameh. This visit raises significant issues concerning Lebanon's sovereignty, independence, and the applicability of Lebanese law on its territory, prompting questions about the details of this mission and the options available to Lebanon on how to handle it.
Former Chief Prosecutor Judge Hatem Madi clarified that it must first be verified whether Lebanon has a treaty regarding this matter with the countries from which the judges are coming. If there is such a treaty, it means that Lebanon must implement it as agreed upon and according to its provisions, following communication with the Chief Prosecutor.
However, what if there is no such treaty, which is the likely scenario? Judge Madi stated in an interview with MTV: "In this case, the customary practices in such situations must be applied, relying on fundamental rules in accordance with national sovereignty and Lebanese law and judiciary on its territory. Before the judges commence their work, permission must be requested from the Chief Prosecutor specifically, not any other authority, to interrogate the individuals they wish to hear from." He added, "The Chief Prosecutor will have the option to accept and facilitate the investigation or refuse and prevent it, or to suggest that the Lebanese judiciary conduct the investigation in the presence of these judges."
Judge Madi pointed out that "if the Lebanese judiciary allows them to work, they will be able to summon the person they wish to hear from as if they were Lebanese judges, and then the person cannot refuse to appear before them." He added: "The judicial police will also be at their disposal, and they can use judicial offices."
According to Judge Madi, this judicial delegation does not issue rulings since they are not a court; rather, they will produce a report or official record, which would be non-binding for Lebanon. However, Lebanon could benefit from their findings and file charges against individuals involved in crimes. If the investigations by the European judges reveal that crimes were committed by Lebanese nationals, the Lebanese judiciary would then have the right to intervene and prosecute them according to Lebanese law.
In light of these possibilities, the Lebanese decision will be under scrutiny in the coming days, especially since the acceptance or rejection lies solely with the Chief Prosecutor and no one else, making this matter not under the jurisdiction of the Minister of Justice or even the Prime Minister. Will Lebanon’s acceptance be seen as a concession of the country's sovereignty? And if the delegation arrives and bypasses the legal procedures that should be followed, will there be a "Lebanese cap of approval" somewhere?
