The prosecutor at the Court of Appeal of Mount Lebanon, Ghada Aoun, recently filed an appeal with the State Council seeking to suspend a measure imposed against her last month by interim Prosecutor General of Cassation Jamal Hajjar. This measure prohibits the judicial police from complying with her instructions.

However, any decision from the council may be delayed due to ongoing judicial vacations, which began Monday and end on Sept. 15. As a result of Hajjar's decision, Ghada Aoun is unable to issue notifications such as summonses or search warrants — effectively sidelining her from her duties.

In her appeal to the State Council, Aoun argued the "illegality" of this decision, asserting that a prosecutor general at the Court of Cassation cannot revoke the decree of appointment that designated her as head of the Court of Appeal of Mount Lebanon and empowered her to "exercise all her prerogatives." She described the measure as a "disguised sanction," contending that cases warranting the sanction of a magistrate fall under the purview of the Judicial Inspection — as argued in her appeal.

Jamal Hajjar signs Ghada Aoun’s suspension

Jamal Hajjar signs Ghada Aoun’s suspension

In a related context, Aoun also challenged Hajjar's directive to security services to communicate exclusively with the Attorney Generals of the Court of Appeal alongside him. But, Aoun pointed out that these officials represent her, and she is their superior. She disputed Hajjar's claim to the position of Prosecutor General at the Court of Cassation, asserting in her complaint that she was never formally notified of his appointment.

The President of the Supreme Judicial Council, Souheil Abboud, appointed Hajjar last February, replacing former Chief Prosecutor Ghassan Oueidate, who retired. Normally, the Prosecutor General is appointed by a decree from the Cabinet and co-signed by the President of the Republic. Nonetheless, with no current Head of State, the caretaker government is limited to handling routine affairs.

According to a source close to the Council of State, contacted by L'Orient Le Jour, the Contentious Assembly — equivalent to the full assembly of the Court of Cassation in judicial justice — is the competent authority to review such an appeal. Legally composed of eight members, including five presidents of chambers and three assessors, this body currently has only five members due to three vacancies. If even one member is absent, the quorum for a meeting (5) is lost, the source explained. Loss of quorum is likely to occur — particularly as judicial vacations are scheduled for two months.

Next steps in Aoun's legal proceedings

The Contentious Assembly is expected to convene only after several steps:

- As the defender of the state's interests, the State Litigation Department, led by Helene Iskandar, must be notified of Aoun's appeal. According to our information, this notification has not yet occurred.

- Once notified, Iskandar must promptly distribute copies of the appeal to the Justice Ministry, in addition to Hajjar, who will have 15 days to respond to the action filed by Aoun through Iskandar.

- Acting in the capacity of state defender, Iskandar will immediately notify the Contentious Assembly of the response, potentially including her own observations.

- The assembly will then have 15 days to decide whether to suspend the decision of the Prosecutor General of Cassation. This deadline is not binding but aims to prompt a swift decision from the assembly.

Ghada Aoun, scandals aside

Ghada Aoun, scandals aside

While awaiting this verdict, Aoun is trying to advance her cases with any means at her disposal. Shortly before the measure against her, Hajjar instructed her to hand over all her financial cases — about eight in total — but she only complied with the one concerning Bank Audi. Although the Prosecutor General at the Court of Cassation has not yet returned this case file, Aoun held a hearing on the matter on Tuesday, despite being unable to pursue her charges against the accused individuals.

In a press conference on Tuesday afternoon, Gebran Bassil, head of the Free Patriotic Movement (FPM), asserted that "Judge Ghada Aoun was clearly attacked by demanding her removal from the depositors' case," referring to the Lebanese whose savings have been restricted by banks since 2019. "If you can remove Ghada Aoun from a Lebanese case, you cannot remove the FPM from it," he declared.

This article was originally published in French in L'Orient-Le Jour and translated by Tasnim Chaaban.