Lebanon

After the Decision to Dismiss Judge Ghada Aoun: What is the Judicial Opinion?

After the Decision to Dismiss Judge Ghada Aoun: What is the Judicial Opinion?

The Attorney General of Mount Lebanon, Judge Ghada Aoun, has been notified of a decision issued by the Disciplinary Council to dismiss her from service, but this decision is subject to appeal. Aoun commented on the conclusion of the decision, stating that it represents "malicious prosecutions, and she did not commit any error," adding, "I have confidence in the Disciplinary Council, its president, and its members, and I hope they understand the 'pain of the people.'"

What does the judiciary say? According to a judicial source who spoke to "Waradana," "Judge Aoun, regardless of whether her decisions are right or wrong, must operate within legal procedures and the rules of litigation where there are texts in articles 122, 123, and 124 that address recusal requests. If a defendant suspects that the judge is not impartial, they have the right to request her recusal or suspension. Today, there are between 25 and 30 recusal requests against Judge Aoun, and since being notified of these requests, she should have removed herself from the file until the court that rules on the recusal request issues its decision, whether to accept or deny it."

He added, "Judge Aoun was not notified because if she were, she would need to remove herself from the file. Her lack of notification means she is acting completely contrary to and in total violation of the actual role of a judge. She does not have the right to refuse to be notified; instead, she continued her work as if nothing had happened. This is the first very significant violation. The second violation is her disobedience of her direct superior's orders, and the third violation is that she did not respond to the requests of the Higher Judicial Council, which oversees the proper functioning of justice. All these complaints made against Judge Aoun were, for some known but unknown reason, placed in drawers for three years until the retirement of the previous head of the Judicial Inspection, who transferred these files and complaints all at once to the Disciplinary Council, which reviewed them and issued its decision based on the consideration that the judge charged with applying the law refuses to apply it to herself and disobeys the orders of her direct superiors."

He continued, "In principle, the text does not prevent Judge Aoun from continuing her work; however, the Minister of Justice has the right, if he deems the accusations serious and the Disciplinary Council has issued a decision to dismiss her from service, to suspend her from work for no more than six months. This is an authority that belongs solely to the minister, and he may or may not take this decision."

Aoun's Lawyer

In turn, Judge Aoun's lawyer filed an objection against the Disciplinary Council's decision to dismiss her from service, asserting that "the Disciplinary Council's decision against Judge Aoun is not valid."

The Judicial Inspection Authority

The Judicial Inspection Authority, headed by Judge Samar Al-Sawah, had referred several complaints filed against Judge Aoun to the Disciplinary Council, requesting its intervention to impose the necessary penalties against her.

Former President Michel Aoun

After the decision to dismiss Judge Ghada Aoun, former President Michel Aoun expressed solidarity with her, tweeting from his official account on "Twitter," stating: "The judiciary against the judiciary is today the title of the battle against the mafia of corruption; the fight against the mafia of corruption is the title of its battle. Ghada Aoun's case is the case of every Lebanese who has had their lifetime savings stolen, and it has become greater than any attempt to obstruct."

Member of Parliament Gebran Bassil

The President of the Free Patriotic Movement, MP Gebran Bassil, stated on his "Twitter" account that "today is the brightest day in Judge Ghada Aoun's career." He continued in a tweet during the distribution of youth movement cards, saying: "The corruption system has confirmed its assault on people's rights by conspiring against the honest judge who listens to no one and is controlled by no one." He called on everyone, especially the youth, "to express their rejection of what happened and stand with the people of integrity alongside the right against wrong."

Solidarity Stand

Following the issuance of the decision, a number of Aoun's supporters staged a solidarity demonstration in front of the entrance to the Palace of Justice, temporarily closing the road leading from the Justice Circle towards Badaro.

It is noted that the judicial decision issued by the Disciplinary Council against Judge Aoun is documented in 27 pages and includes details of 12 complaints filed against her. This decision was made unanimously by the members of the Disciplinary Council, which renders any appeal decision legally insignificant. It is important to mention that the disciplinary decision is not enforceable until determined by the High Disciplinary Authority, and Judge Aoun continues her work pending the final decision from this authority.

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