European investigation on Lebanon.. Does it constitute an attack on sovereignty or put an end to corruption?

Beirut -

Lebanon is pursuing a new judicial path with investigations into corruption cases related to smuggling, money laundering through banks and illegal enrichment, with the arrival of 3 judicial delegations from Germany, France and Luxembourg, to complete the investigations it is conducting, and it will be in Beirut under the supervision of Lebanese judges, starting next Monday.

And if this path does not mean reaching a judicial end in financial, banking and corruption cases that are shaking Lebanon, then it gave it - according to observers - an international dimension.

The matter caused an internal political debate between forces that see the mission of the European delegations as an infringement of the Lebanese judicial sovereignty, and others that find in it a translation of the inability of the Lebanese judiciary to liberate itself from political power.

It is assumed that the European delegations will remain in Beirut until the 20th of this month, and they will complete their tasks at the Palace of Justice in Beirut, which is putting the final touches on the logistical and technical preparations to keep up with their work.

The delegations coordinate their work with the Lebanese Public Prosecutor of Cassation, Judge Ghassan Oweidat, and under his supervision, as he is the head of the public prosecutions, and he previously informed the three countries of facilitating the tasks of their delegations in Beirut.

So far, no official statement has been issued specifying the names of the participants in the European delegations, but data indicates that they will include judges and prosecutors.

The work of the European delegations focuses on listening to a group of Lebanese bankers as witnesses in the cases being pursued by the judiciary in France, Germany and Luxembourg.

The names of the Lebanese whose testimonies will be heard have not been officially announced, at a time when Beirut is witnessing leaks about a list of names that includes a large number of officials responsible for the financial file in Lebanon, in addition to bank managers and financial auditors, to hear their testimonies about files related to cases of laundering, money smuggling and embezzlement. and illegal enrichment, given that there are Lebanese financial crimes committed on European soil.

The journalist specialized in judicial affairs, Youssef Diab, says that what the delegations will do is closer to the process of collecting what they lack in terms of documents, documents and certificates to complete the judicial files they prepared in their countries.

He stated - in his interview with Al-Jazeera Net - that the delegations of Germany and Luxembourg had arrived in Beirut, awaiting the arrival of the French delegation during these two days, provided that various judicial and logistical preparations would take place this week to begin investigations from next Monday.

He talked about information about the delegations' meeting with Judge Oweidat to determine the investigation mechanism, the names of the participating judges, how to ask questions to the defendants, and the mechanism for European delegations to obtain official investigation records.

What is the legal background for attending European delegations?

Despite the political and judicial confusion caused by the presence of the delegations and debates about sovereignty, the delegations base their tasks on what is stipulated in the International Convention on Combating Corruption issued in 2003 and which Lebanon signed in 2008. This is also mentioned to Al-Jazeera Net by the former Public Prosecutor of Cassation, the judge Hatem Madi and academic and international law expert Antoine Saad.

Legally, Madi stresses that the missions of the European delegation do not detract from the Lebanese judicial sovereignty. Rather, "Lebanon is bound by what is stipulated in the international agreement in terms of combating financial corruption, as it is a transnational crime, not a local one."

For his part, Saad considers that if Lebanon refuses to respond to the European delegation, it will perpetuate the system of impunity, explaining that the Lebanese judge is the one who carries out investigations in the presence of foreign delegations, which contributes to the investment of the judicial information they have.

It is expected that its work will later face obstacles from influential Lebanese political forces if it affects their interests.

And Hatem Madi adds that European judicial delegations can only issue judicial rulings against suspects on their lands, and a prosecution warrant can be issued through the international police, while Lebanon does not extradite any of its Lebanese nationals residing in their country, but rather prosecutes them according to Lebanese laws.

Investigations may include Central Bank Governor Riad Salameh (Al-Jazeera)

Integrity and conflict profile

Experts expect that the Governor of the Central Bank of Lebanon, Riad Salameh, will be the star of this judicial event.

Journalist Youssef Diab says that Salama's name may not be included in the first stage of the investigations, while Antoine Saad is likely to attend Salama on the basis that he has no argument by not responding to the European judicial delegation, as he used to do with the Public Prosecutor in Mount Lebanon, Judge Ghada Aoun.

The year 2022 witnessed judicial developments, following Judge Aoun’s prosecution of Riad Salameh on charges of money laundering, illegal enrichment, and squandering public money.

It was also able to arrest his brother Raja for days, on the background of informing him of similar charges, but Aoun's prosecutions were fraught with political conflicts and disagreements within the Lebanese judicial system.

For nearly two years, the noose has tightened over Salama, whose term ends next May, and he faces lawsuits before the courts in Switzerland, France, Luxembourg and Germany, including his accusation of transferring about $ 400 million to Switzerland in an irregular manner with the help of his brother and his assistant.

Salameh has occupied his position since 1993, and his renewal continued for many years, the latest of which was during the era of outgoing President Michel Aoun when he was renewed in 2017 for a period of 6 years.

The banking crisis in Lebanon is the face of one of the worst economic collapses the world has witnessed since 1850, according to the World Bank, and the voices of Lebanese depositors are rising with Arabs and foreigners to demand the recovery of their money, which enhances the legitimacy of external judicial moves, according to those affected by the crisis, after 3 years in which they did not recover their rights through the Lebanese judiciary.

Keep an eye out for investigations

Saad is likely to have two weeks ahead of Lebanon, saying that the Lebanese judiciary can issue a subpoena and bring those who do not respond to his summons, noting that according to the new law, cases of illicit enrichment drop immunities.

While many wonder about the possibility of the French delegation addressing the investigation file of the Beirut port bombing, which has been suspended for nearly a year due to claims of response and suspicion by politicians accused of investigating judge Tariq Al-Bitar, Youssef Diab says that the port bombing file is not at the core of the work of European delegations, but in On January 23, a French judicial delegation is likely to arrive to inquire about the fate of the investigations, especially since among the victims are those who hold French citizenship.

Diab adds, "What Lebanon will witness in the judicial system confirms to the Lebanese and the world that the Lebanese judiciary is in a negative situation and is unable to achieve justice on its own. If it was able, for example, to issue advanced rulings in banking and financial cases, these delegations would not have attended, and their investigations were based on the rulings established in Lebanon."