A joint statement was issued by the representatives of Basharri, Strida Tawk Jaajaa and Melham Tawk, regarding the issue of "Qurnet al-Shaheed." The statement addressed the decision made on 03/07/2023 by caretaker Prime Minister Najib Mikati, numbered 86/2023, which called for the formation of a committee to study disputes over property boundaries and water disputes in several property areas. The representatives emphasized the following: The aforementioned decision represents a blatant violation of the principle of separation of powers as property disputes fall under the jurisdiction of the judiciary, not the political sphere. Additionally, the decision contradicts Article 3 of the Constitution, which does not allow for the modification of administrative regions except by law. Contrary to this article, it gives authority over property disputes to an administrative committee headed by a minister. Therefore, the government, whether it is a legitimate government or a caretaker government, has no right to encroach upon judicial powers in this manner.
The statement added: Regarding the "Qurnet al-Shaheed" issue, we consider that President Mikati's decision brings the matter back to square one, while it had passed through several years of judicial proceedings and reached the final decision phase. The municipality of Basharri, along with the other party, has presented its arguments, documents, and evidence before the appropriate judicial authorities. If Prime Minister Mikati's intention behind issuing this decision was to expedite the resolution of the issue following the heinous crime that occurred on our land, resulting in the deaths of martyrs Malek and Haitham Tawk, then the effects of this decision will lead us to the opposite results. Therefore, we hope he will immediately retract this decision and instead request that the Minister of Justice take the necessary steps to expedite the decision from the judicial authorities.
The statement concluded: "We ask President Mikati, in his capacity as Prime Minister, to be firm in speeding up the investigation process into the 'Qurnet al-Shaheed' crime and to request that military and security authorities reveal the truth behind the deaths of martyrs Malek and Haitham Tawk, determine the identity of the perpetrators, facilitators, and instigators of this crime, and bring them all to justice to impose the harshest penalties upon them."
Mikati's Response
In response, Mikati's office issued a clarifying statement: "The Prime Minister, from his responsible position and in light of the serious security developments in the Qurnet al-Sahra area, as well as the recurring issues that arise in several areas due to property disputes that sometimes take on sectarian dimensions, has decided to activate the work of the committee established since 2010 to study how to benefit from the waters of Qurnet al-Sahra. The committee's scope of work includes not only the issue of property boundaries but also studying the distribution of water and how to benefit from it in disputed areas, in addition to developing a vision for environmental protection and identifying protected areas."
He noted that "the formation of the committee in its current structure was based on the nature of the tasks assigned to it, which are not limited to the property aspect only as mentioned above. Additionally, the presence of a representative from the Ministry of Justice among the committee members is merely to preserve the fundamental role of the judiciary in this context, noting that the slow progress in delineating boundaries can be remedied by temporary solutions proposed by the committee pending a final decision by the competent judiciary. It is also worth mentioning that the Supreme Judicial Council indicated in its statement yesterday a series of judicial decisions that have been made, yet disputes persist, which confirms that the solution is not confined only to the judicial aspect."
He added: "In any case, in light of the objections and competitive bids raised, the Prime Minister contacted the committee's head, Minister of Interior and Municipalities Bassam Mawlawi, and requested him to hold off on calling the committee to convene, thus freezing its work. He also contacted Minister of Justice Henry Khoury and requested him to follow up on the file with the Supreme Judicial Council to expedite the processing of related judicial files."
Response from the Forces
In turn, the media department of the Lebanese Forces party responded to Mikati's statement, clarifying that "addressing what happened in the Qurnet al-Sahra area cannot be achieved through the establishment or activation of a specific committee assigned to study how to utilize the waters of Qurnet al-Sahra and delineate areas, villages, and districts. Rather, it should be through activating the role of the appointed property judge responsible for determining and liberating properties in the area and removing obstacles in front of him to complete his task."
The Forces' statement continued that the Prime Minister's call to the committee's head, contrary to the constitution and law, and his request to delay convening the committee is insufficient. Instead, he should issue a decision to abolish this committee, not just freeze it.
It concluded by stating that the Prime Minister's call to the Minister of Justice to request follow-up with the Supreme Judicial Council should be accompanied by necessary actions to facilitate the work of the property judge, clarifying rights and demonstrating them.
