13 March 2011 By Franklin Lamb
The defendant is a sometimes "journalist" who has done
plenty of favors for visiting Americans over the past
few years at my request.
Frankly I didn't want to take the time yesterday to
hop a van to the Bekaa Valley because like many here I
have been swamped with work. Yet I felt indebted to my
friend, and, anyhow, his lawyer convinced me (as every
Lebanese consistently convinces me that they are
telling the truth—so very persuasive these people
are!) that the trial would be quick because everything
had been "arranged."
I have learned the hard and slow way that when anyone
in Lebanon says there is "no problem" it's a sure sign
that there might be "a big problem."
All I had to do was tell the court that Mr. X had
helped several Americans, during their visits "to the
beautiful Bekaa valley", had "fostered improved
relations between the American and Lebanese people",
and if released from custody, X would continue his
"good works benefiting both countries." All true
enough. By the time I arrived at the Zahle Courthouse
I was happy that I could be of some help. I entered
the second floor of the fine French style edifice with
20 foot ceilings, found the right courtroom and took a
seat in the back.
The Lebanese legal system is supposed to be based on
the French system; there was no jury, only a single
judge, his clerk and the Prosecutor, all decked out in
really nice long black robes, with white ruffled
bodice from under the chin plus bright red swatches of
fabric down either side.
My guy's case was called. The prosecutor says nothing.
The judge, who is a complete look alike for "Archie
Bunker" with Archie's exact expressions and gestures,
asks the States witness his name. The witness,
according to my interpreter, then swore on the Holy
Koran, his mother and his children that the prosecutor
had the wrong Mr. X and that he had never bought
Hashish from my friend and in fact had never seen him
in his life.
Since everyone knows everyone in the Bekaa, or so it
seems to outsiders, the judge seemed to go berserk.
Instantly red faced and snarling, he screamed at the
witness, shouted that he was lying and would be going
to jail himself. Watching this, the prosecutor came
alive and yelled over the judge's voice, motioned the
defense lawyer to "Ekhrass" (shut up) and he also
swore to jail the witness.
The Judge and the Prosecutor were furious, refused the
sworn testimony and continued
the case for three months. The courtroom security put
cuffs on the "false witness" and shoved him inside the
defendant's cage to remain apparently until his memory
improved. My friend's lawyer, sitting next to me,
protested to the court that the judge was "pushing"
the witness. The judge told him to "Ekhrass" (shut
up), ordered him out of the courtroom, and fired the
family paid lawyer from the case.
As I quickly exited the courtroom, the corridor had
become bedlam. Relatives, friends, other lawyers,
court security seeming to agree that the Judge
exceeded his powers and "a fast Court appeal" (huge
oxymoron in Lebanon's judiciary as in most others!)
was needed. The family of Mr. X consulted with tribal
representatives and they decided that a political
solution was the best way to settle this case.
It's getting wild in Lebanon and in The Hague
Riding the "express" van back to Beirut and reflecting
on what I had witnessed, I couldn't help thinking
about the Special Tribunal for Lebanon (STL) and the
past couple of weeks of maneuvering by those seemingly
trying to use the STL for political advantage more
than justice.
Under American pressure, former, now caretaker Prime
Minister Saad Hariri is exhibiting new resolve and
toughness that his Sunni supporters had hoped he would
have shown when he was Prime Minister.
His gloves are off and pro-US March 14th team is so
far boycotting the new government and revealing that
the STL may be used politically above all else.
Hariri, almost daily, attacks Hezbollah's arsenal,
saying the group's weapons have become a national
problem poisoning the political and cultural life in
Lebanon and that the issue needed a "national
solution". Hariri also accused Hezbollah of using its
weapons internally in the past three years to
influence political disputes in its favor.
It appears that any pretense of progress via dialogue
over the past few years is now discarded and it's once
again an all-out struggle between the U.S. backed
March 14th minority and the new majority, March 8th
alliance.
In the run up to publishing the indictments, which
could happen as early as next week, it's getting wild
in Lebanon and in The Hague.
According to media sources, the pro-US team encouraged
the timing and content of the visit of senators John
McCain and Joseph Lieberman and signaled the launch of
the latest US-Israel anti-Resistance project which is
to raise repeatedly the subject of Hezbollah weapons.
The plan is that the US team will either join the
cabinet of Prime Minister Najib Mikati based on the
1/3+1 formula or intensify its attacks on Hezbollah by
criticizing its ideology and claiming that it's not
really Lebanese at all but rather a tool of outsiders.
The March 14 campaign has begun to target
international public opinion in order to influence the
decision in some countries and international
institutions including the STL. March 14 will use a
daily sit-in at Martyrs' Square to pressure the new
government and is reportedly planning to bus
youngsters to the area and establish a live in
campsite—the same project they criticized Hezbollah
for after the 2006 war.
The pro-US team has now launched the anticipated Arab
and international media campaign to focus on the
"seriousness of the Hezbollah weapons, and their
threat to international security and stability as well
as Security Council warnings arranged from Washington
that will be serious consequences for Lebanon's
"failure to cooperate with the Special Tribunal for
Lebanon," in order to pre-empt any position that may
be taken by Mikati's cabinet in declaring its
noncooperation with the STL.
STL Prosecutor Danial Bellemare, some say, as part of
a US-Israel project, after submitting his first batch
of indictments is now requesting massive additional
"post investigation" evidence from Lebanon.
Many legal questions are surfacing including whether
the new Parliament, when it sits must approve these
requests and that the four now caretaker ministers
(Interior: Ziad Baroud, Telecommunications: Charbell
Nahhas, and Public Works: Ghazi Aridi) correctly
declined to supply the information the STL prosecutor
requested.
Understanding memoranda with STL should be frozen
MP Mohammad Raad, leader of the Hezbollah Loyalty to
the Resistance bloc held a news conference on 3/4/11
and insisted that Lebanon's cooperation with the
Special Tribunal for Lebanon be terminated. Said Raad:
"The memoranda of understanding between all Special
Tribunal for Lebanon (STL) agencies and Lebanon should
be frozen until the formation of a new cabinet that
decides on them.
It is clear proceedings get a bit wild in the Zahle
Courthouse. They also appear to be getting out of
control at the Special Tribunal of Lebanon suggesting
that dialogue and a political solution from within
Lebanon may be the best solution for all those
directly concerned with Justice and not political
hegemony in Lebanon Comments 💬 التعليقات |