European judges and parliamentarians do not hesitate to express their belief that Lebanese judges are trying to protect Central Bank Governor Riad Salameh and avoid holding him accountable.
The European judiciary also criticizes Lebanese judges for accepting Salameh's statements as they are, without expanding the investigation based on the accumulated European data, as well as the repeated delays in questioning Salameh, his brother Raja, and others involved with them. They interpret the "stalling" as an intention to keep this file unresolved for a long time.
Therefore, the European judicial authorities take the initiative to declare that they will continue pursuing the governor and those involved with him, as well as exert pressure, by all means, to decide on his case and not let him "go unpunished."
Does the European judiciary request the retrieval of the file?
Judge Helena Iskandar, the head of the Cases Authority at the Justice Ministry, explains to "Nidaa Al-Watan" that "the European judiciary cannot retrieve the file because Lebanon will certainly not abandon the pursuit of Salameh. Personally, I have not received anything regarding this matter, and such a request should reach Judge Charbel Abou Samra or the Public Prosecutor at the Court of Cassation."
"On Thursday, Raja Salameh had a hearing, and he was supposed to attend, but his lawyer submitted a medical excuse. I rejected this excuse because it is not severe and requested the appointment of a forensic doctor to examine him in the presence of the investigating judge," she adds.
"However, the investigating judge rejected this request, and this decision is not subject to appeal. Raja Salameh's lawyer has been tasked with obtaining a medical report certified by a forensic doctor on Thursday and presenting it next Monday. Based on the report, the investigating judge can decide whether to appoint a forensic doctor," Iskandar points out.
Furthermore, she considers Raja Salameh's excuse not to be pressing. Although she has not heard any comments from the European judiciary on this matter, she mentions that the French judiciary can request judicial assistance from Lebanon again, as it previously did when Lebanon assisted. Judge Aude Buresi visited Lebanon and conducted the necessary investigations. The European judiciary can request assistance again, and nothing prevents them from doing so.
She concludes by stating, "the session has been postponed to invite the accused, Raja and Riad Salameh and Marianne Howayek, to the next hearing on July 12, and I am sure that Raja Salameh will not attend because his lawyer stated that he would undergo open-heart surgery. We await the excuses that Riad Salameh and Marianne Howayek will present."
On the other hand, lawyer Saeed Malik, a constitutional expert, clarified to "Nidaa Al-Watan" that "the primary validity in Salameh's case belongs to the Lebanese courts because the Central Bank governor holds the Lebanese nationality, even if he has the French one."
He further indicated that "according to the provisions of the Lebanese Penal Code, no Lebanese can be pursued, punished, or trialed outside Lebanon, especially if the Lebanese authorities insist on their right to prosecute. Therefore, it must be proven that there is a delay by the Lebanese judiciary, and then there can be a new discussion. The Lebanese authorities are doing what they should, and there is an accusation and a pursuit against Salameh, with consecutive hearings on this matter."
Lawyer Boutros presents another perspective on how the European judiciary approaches Salameh's case, even though it is being examined in the Lebanese judiciary. He explains to "Nidaa Al-Watan" that "a legal principle states that a criminal act cannot be subject to multiple prosecutions or trials in different jurisdictions for the same offense."
He continued, "if it is proven that Salameh is being pursued by the Lebanese judiciary for a specific crime before the European judiciary, he cannot be prosecuted abroad. While there are claims against Salameh in France and Germany but, in Lebanon, Judge Helena Iskandar has accused Riad Salameh and Marianne Howayek of bribery, forgery, illicit enrichment, and tax evasion. These crimes attributed to Salameh in Lebanon may differ or overlap with some of the charges in France, Germany, and Luxembourg. Therefore, it is possible to proceed with Salameh's case in Europe based on different facts and crimes independently, but not on the same facts the Lebanese judiciary is examining."
Boutros further elaborated, saying, "for example, in the case of embezzlement of $300 million and tax evasion, if the investigation begins in France before Lebanon, Salameh cannot be charged in Lebanon for the same acts and crimes. There is no such thing as retrieving a file but rather retrieving a criminal or delivering him. This means that the French judiciary can request the extradition of Riad Salameh for interrogation, and the Lebanese state usually refuses. However, handing the file would infringe upon the sovereignty of the Lebanese judiciary."
He pointed out that "the United Nations Convention against Corruption, to which Lebanon has joined, imposes the coordination of efforts between member states for judicial cooperation rather than one judiciary over another. It involves sharing information to combat corruption."
Boutros believes that the European judiciary can request to hear Salameh's testimony again and request documents from the Lebanese court or summon him abroad. They can also appoint judges to listen to Salameh's statements in Lebanon and continue their investigation independently, regardless of the progress of the Lebanese judiciary. This way, they can enforce the Lebanese judiciary's cooperation without one party asserting dominance over the other.
In conclusion, Boutros stated, "there are many arguments that can be made regarding the slow progress in Salameh's case. Despite all the criticisms of the Lebanese judicial process, there are judges known for their integrity, and logistical obstacles hinder the Lebanese judiciary from operating at the same pace as the European judiciary."