Caretaker Prime Minister Najib Mikati presides over a cabinet meeting on Nov. 1, 2023. (Credit: Grand Serail press office)
Caretaker Prime Minister Najib Mikati defended himself Saturday after allegations of interference in the judiciary came in response to a circular he sent Friday to Lebanon's state administrations asking them to adhere to top Public Prosecutor Jamal Hajjar's order that they no longer comply with instructions issued by Mount Lebanon Appeals Court Public Prosecutor Ghada Aoun.
In a press release issued by his office, Mikati claims to "respond to the comments" raised by his circular, explaining that he "followed up on a letter sent" by Hajjar asking him, in accordance with his prerogatives, "to enjoin the administrations to comply with the judge’s decision in its administrative and non-judicial aspects.”
“The prime minister did not intervene in the content of the decision taken by the public prosecutor,” the text continues, specifying that Mikati's “role is limited to giving administrative directives.”
Hajjar on Friday ordered state institutions, including State Security, General Security, the Internal Security Forces and Customs, to no longer comply with Aoun's instructions. The action, in concrete terms, means the judge can no longer serve summons, search warrants or any other document related to the cases her office is pursuing. The move will have a significant impact on her ability to progress her investigations.
Hajjar, who is her superior, took this step after he had recently instructed Aoun to send him certain files, particularly those relating to banking cases. Judge Aoun only sent him Bank Audi’s file, but she has also been investigating other cases linked to alleged suspicious financial transactions.
Hajjar's decision amounts, in practice, to the simple sidelining of Judge Aoun.
Aoun reacted strongly to the prosecutor's decision as well as to the circular from Mikati, whom she accused via her X account of "violating the constitution."
“No, Mr. Prime Minister, this violation of the constitution is unacceptable,” she wrote. “There is a separation of powers, and you do not have the right to send this letter to the administrations. You do not have the right to violate Article 7 of Law No. 206/2022 to protect yourself or someone else. You are clearly violating the law, and this exposes you to prosecution.”
This article was originally published in French on L'Orient-Le Jour.
