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How the Lebanese central bank chief investigation may complicate the work of European judges

Foreign judges will be able to carry out their investigations and take the necessary measures.

How the Lebanese central bank chief investigation may complicate the work of European judges

Central Bank Governor Riad Salameh during an interview with Reuters on November 23, 2021. (Credit: Mohamed Azakir/Reuters Archives)

In January, judges from Germany, France and Luxembourg visited Beirut to seek assistance from Lebanese authorities in their investigations of alleged financial wrongdoing by Riad Salameh, the governor of the Bank of Lebanon (BDL).

During their visit, they were able to access crucial documents related to the case.

However, it remains unclear if the foreign investigators will have the same luck during their upcoming second visit in mid-March.

This is due to a significant development that occurred after their first visit — in February, Raja Hamouche, the general attorney at the Court of Appeal of Beirut, initiated legal proceedings against Salameh, his brother Raja and his assistant Marianne Hoayek for money laundering, embezzlement and illicit enrichment.

These charges are based on a case led by the general attorney at the Court of Cassation, Jean Tannous.

After initiating legal proceedings, Hamouche referred the case to the first investigating judge in Beirut, Charbel Abu Samra, who is currently reviewing it.

Read more:

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It is worth noting that Lebanon is a signatory to the United Nations Convention against Corruption, which stipulates that a state may defer providing mutual legal assistance requested by foreign states if it impedes an investigation within its own territory, as stated in Article 46, Paragraph 25.

The platform for delaying mutual assistance

According to Karim Daher, a tax lawyer, Lebanon can request a postponement of mutual assistance “when the procedure is pending before the local courts.”

Paul Morcos, director of a Beirut-based law firm Justicia, notes that “this procedure has created a legal platform to delay the mutual assistance requested by European countries.”

However, Morcos points out that “foreign investigators can continue their investigations without Lebanese assistance,” noting that “they seem to have already acquired highly advanced data.”

“They [foreign judges] can even adopt measures against the accused if they decide to bring charges,” Marcos said, echoing the remarks of caretaker Justice Minister Henri Khoury, in an interview with al-Hurra television on Monday.

Read more:

Riad Salameh to face litigation in Lebanon

“The Lebanese prosecution does not impede the investigation of European judges,” Morcos explained, adding that “the foreign judicial authorities can take measures, procedures, and decisions based on the findings of their own investigation.”

However, he noted that “if an arrest warrant were to be issued outside the [Lebanese] territory, it would not be executed as long as the prosecution is initiated by a Lebanese jurisdiction.”

Possible delays

In addition to the UN Convention against Corruption, Daher also mentioned the concept of “the anteriority of the indictment,” which could be used by the Lebanese justice system to reject foreign requests.

In this context, Judge Abu Samra may decline to provide case materials to foreign investigators on the grounds that the probe is still in the investigation stage and no indictment has been made yet.

Daher also cautions against any potential delay in the Lebanese justice system or a judgment that may be issued to avoid accountability.

Daher explained that under French law, a judge may refuse to recognize the prosecution of a suspect outside French territory if it appears that the prosecution is only being carried out to ensure the suspect’s impunity and can therefore allow the laundering charges to proceed in France.

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“In July 2021, the French Court of Cassation convicted Theodorin Obiang, the vice president and son of the president of Equatorial Guinea, for embezzlement in France, even though he had been acquitted of the same charges in his home country,” Daher explained.

“This measure allowed France to take control of the ill-gotten gains.”

Will Salameh show up?

So far, it doesn't appear that the local justice system is dragging its feet on the case.

Governor Salameh, his brother Raja and his assistant Marianne Hoayek have all received summons to appear before Judge Abu Samra on March 15.

According to a judicial source who spoke to L’Orient-Le Jour on condition of anonymity, it is rare for individuals summoned by the judge to fail to attend the hearings.

However, it remains unclear whether there will be an exception in this case.

Despite the allegations against him, Salameh has maintained his innocence, telling Reuters that he is “innocent until proven guilty” and that he is “respectful of the laws and the judicial system.” He has also stated that he intends to comply with the legal process.

The same judicial source stated that the foreign investigators have yet to send Lebanon the letters rogatory (formal requests from a court to a foreign court for some type of judicial assistance) in relation to the questions to be asked to the accused persons.

These letters should first be sent to the Foreign Ministry and then pass through the Justice Ministry before reaching the Cassation Prosecutor’s Office, which has the authority to make them binding.

Judge Abu Samra will be responsible for handling the questions and may choose not to ask them if they violate the UN Convention against Corruption or local law.

The source also noted that the investigation remains confidential until the indictment is published.

Abu Samra will technically conduct the questioning requested by European investigators in their presence.

The judge will then create a separate report from the one concerning questioning in relation to his own investigation.

This is crucial, considering the persons being questioned may provide different answers to the same question, depending on whether they are addressing foreign or Lebanese magistrates.

This article was originally published in French in L'Orient-Le Jour. Translation by Sahar Ghoussoub. 

In January, judges from Germany, France and Luxembourg visited Beirut to seek assistance from Lebanese authorities in their investigations of alleged financial wrongdoing by Riad Salameh, the governor of the Bank of Lebanon (BDL).During their visit, they were able to access crucial documents related to the case.However, it remains unclear if the foreign investigators will have the same luck...