How will the Beirut port blast investigation resume?

Since former Public Prosecutor Ghassan Oueidat retired on Feb. 22, many families of the victims killed in the Aug. 4, 2020 explosion at the Beirut port have been counting on his successor, Judge Jamal Hajjar, to resume the investigation.

On Jan. 25, 2023, Oueidat ordered the security services to stop complying with the instructions of judicial Judge Tarek Bitar, who is in charge of the investigation into the blast, and filed a complaint against him for “rebellion against justice” and “usurpation of power.”

This measure came in response to Bitar initiating proceedings against Oueidat and other officials in the case three days earlier. Bitar had summoned Oueidat to a hearing after deciding, based on a legal opinion he built after a study, that he was entitled to resume his investigation.

From December 2022 onwards, this investigation had been hampered by abusive lawsuits lodged before the plenary assembly of the Court of Cassation. The latter has been unable to sit to rule due to a lack of quorum. Based on his legal study, Bitar found that a judge at the Court of Justice shall not be subjected to dismissal lawsuits.

Oueidat’s reaction has obstructed the investigation until further notice. A judicial source explained the situation, saying that the investigative judge can no longer have his notices for requests for information, summonses, arrest warrants, etc. enforced. For instance, he can no longer ask a minister for the identity of the civil servant who held what position at what date within his ministry. He also cannot request information from the intelligence services or army command on specific points linked to his investigation or issue letters rogatory to gather evidence for the case.

A judge speaking on condition of anonymity recalled that amid all these obstacles, the public prosecutor must facilitate the course of justice. “In a state governed by the rule of law, the public prosecutor carries out the decisions of the investigative judge rather than obstruct them,” the judge stressed.

In other words, Judge Bitar still lacks the means to continue his investigation. Nevertheless, since Oueidat’s decision is an administrative decision and not a judicial one, current Public Prosecutor Jamal Hajjar has the power to overturn it, a judicial source told L’Orient-Le Jour.

The source noted that the Public prosecution often goes back on administrative measures it had adopted.

Three Bitar-Hajjar meetings

It was probably to unlock the probe that a meeting took place between judges Bitar and Hajjar in March, 15 days after the latter had taken up his new duties.

Without revealing anything specific about the content of their discussions, several sources at the Justice Palace said that they focused on ways of getting the investigation back on track. The atmosphere was described as “positive,” according to these sources.

They revealed to L’Orient-Le Jour that two other meetings have happened since, during which Hajjar expressed his “intention” to resume the case. Nevertheless, this intention has yet to be materialized into a proposal, the sources said.

So, if the top prosecutor does not revoke his predecessor’s measure, would Judge Bitar have legal means to send his notices to the security services? “It is not necessary [to have the measure revoked] for the investigative judge to deliver his notices,” said a judge close to the public prosecution office. The judge stressed, “Judge Hajjar will decide, on receipt, whether or not to execute them.”

However, it seems that Bitar will not resort to this option, “at least as long as there is some cooperation with the new prosecutor,” one of his colleagues said.

‘Unknown reason’

Relatives of the victims, whose representatives visited Judge Hajjar two months ago to urge him to relaunch the probe, reiterated their request on Saturday.

“You promised us, and a promise is a debt,” they said in a statement addressed to the prosecutor, during a sit-in held near the Emigrant statue in Beirut port. “We want to know what unknown reason is stopping you from keeping your promise,” they said.

The complaint Oueidat filed against Judge Bitar is not about to be ruled upon, especially as the indictment chamber before which it was referred has not been formed. The appointment of its members falls within the jurisdiction of the Higher Judicial Council, within which there are reportedly disagreements on the judges to be appointed.

However, the fact that the complaint has been frozen does not in itself prevent the investigation from being resumed, a judge said on condition of anonymity.

Judge Bitar is unlikely to account for the lawsuits brought against the state alleging “serious faults” by him, which aim at his dismissal, said the same judge, especially since, based on his legal study, these lawsuits are deemed illegal when lodged against a judicial investigative judge.

Even in their presence, for Bitar to resume the investigation, it would be enough to revoke the decision barring the security services from being notified of his decisions, the judge said.

According to the judge, Bitar could then draw up his criminal charges, which he would have to submit to the Prosecution’s Office at the Court of Cassation for an opinion, before submitting them to the Court of Justice. The latter is the only body competent to rule on their validity. Yet, this high court has no quorum, since Judge Hajjar has been appointed top prosecutor.

There is a glimmer of hope, but many obstacles are yet to be overcome.

This article was originally published by L'Orient-Le Jour. Translated by Joelle El Khoury.