When Lebanon’s Lawyers represent their People

 Head of the Beirut Bar Association Melhem Khalaf: The Beirut Port Explosion was an intentional crime

“We will not let Lebanese people sink in despair”

This interview is also available in Arabic.

On the first commemoration of the Beirut port explosion on August 4, 2020, the Communication and Public Relations Department of the Middle East Council of Churches published a special issue of its quarterly magazine “Al Muntada” in August 2021, entitled "Beirut, in the Heart of the Church, Beirut, a City of Resurrection". The issue includes an exclusive interview with Head of the Beirut Bar Association Melhem Khalaf about the syndicate's mission after the explosion. As well as an interview with attorney at law Mr. Ali Jaber from the Lawyers Syndicate Operation Room.

As a first response to the crime of the century, and so the criminal does not escape from justice, the Beirut Lawyers Syndicate filed a lawsuit as a party affected by the blast and started an office presided by the Syndicate President Melhem Khalaf to represent all those who fell victims of the explosion.

Melhem Khalaf then directed the founding of a central operation room and the setup of a few offices in different locations in Beirut to help people file lawsuits.

They were the first to raise their voices when everyone was afraid. They sent a letter to the Secretary General of the United Nations with explicit clauses asking for help in their fight for justice and for satellite pictures that would reveal what happened on that unfortunate afternoon. Did they get an answer? A feedback? Is there hope at all?

During our visit to Melhem Khalaf at his office one month after the blast, he explains to us the response the syndicate adopted, and how it is fighting the many attempts to silence justice and bend the law to save the killer from the punishment.

From his office always swarming with follow-ups and complaints, the president told us how the syndicate rushed to the help of Beiruties, he said: “A horrible explosion happened on August 4. On August 5, we filed a motion to the public prosecutor asking to contain the crime scene and protect the remaining clues. Then, we asked that the investigation be carried out by international specialists.

In the same day, we formed an office of our best penal lawyers.

We set up 7 different offices in Beirut that allowed victims to file lawsuits and protect their rights. We collected 1570 lawsuits including those who suffered physical damage like the parents of the martyrs, their file would be annexed with a medical death report and a distribution of heritage… another group would be those whose losses were material. Here, we collaborated with estimation specialists who made a list of volunteers to help around 250 volunteering lawyers. Many notary public offices also offered free help.

“We followed the investigation day by day, and it was the first time in history a lawyers syndicate undertook such an initiative.”

The syndicate sent a letter to the UN Secretary General through his representative in Lebanon Yan Kobish as one of the parties of the lawsuits to acquire satellite pictures as a document to back up their lawsuit.

Should Lebanese people have faith that justice will be served at the hands of the Lebanese courts? Khalaf answered this question that has been on the mind of people for a year now saying: “We’re still in the investigation and interrogation part and the judicial investigator is sworn to secrecy, but justice is bound to happen.”

“Actually, one could say that the Beirut port explosion investigation is an international process with the supervision of the Lebanese court. This is the court’s chance to prove itself and regain people’s trust. If it fails, it would have proven that we live in a broken corrupted state.”

The term “corrupted state” is the not so new nickname of Lebanon and its government these days, but Lebanese citizens are still hoping that justice would escape the grips of politics and despair. When asked about the possibility of that happening, Khalaf said: “If politics goes this low, both the country and its judicial corps would have failed. I hope it doesn’t come to this, but if it does, I will raise the tone even more.”

Melhem Khalaf anticipated what was going to happen and asked for the investigation to go through the pyramid from top to bottom. He thinks that the prosecution has the right to interrogate ministers even if immunity wasn’t lifted. He stated many times that there shouldn’t be any constitutional, legal, or political immunity: “Prioritizing leaders is not an option when it comes to justice. Khalaf confirmed that they will not give up on the blast victims, as they will not give up on following the investigation until the last verdict is released. We will do what needs to be done. We’re here for the people, for they are our people.”

Does the historical tragedy that happened in Beirut classify as neglect or terrorism? A question Khalaf answered: “in reality, there are two crimes: explosive and military products were stored in the port of Beirut on Lebanese territory without an official decision from the government as stipulated in article 17 of the law of arms.”

“The second crime was the explosion itself that needed to be stimulated to happen. The latter requires a know-how in explosives. This is an intentional crime, and it holds accountable all those involved in the administration of the port and its security, employees and politicians. We will not tolerate a crime that would damage half a city, displace its citizens, destroy its buildings, wound more than 5 thousand citizens, kill 200 not to mention 7 disappearance cases. “

In a country said to be a lost cause, the syndicate president disagrees: “We are the ones who create hope, we will not let Lebanese people sink in despair!”

Lawyers Syndicate Operation Room

1570 Lawsuits Against Beirut Murderers

To preserve justice in this unjust country, Beirut lawyers Syndicate stood next to the people affected by the Beirut Port blast from the start, giving them the opportunity to press charges before the Lebanese court and demand justice through creating a crisis cell and operation room in the syndicate to follow up on the case.

While going through the details of this first of a kind initiative – both nationwide and worldwide, attorney at law Mr. Ali Jaber explains the grounds and mechanisms of execution. He says: “as they say, a right is never lost, as long as someone strives to claim it. Head of the Beirut Bar Association Melhem Khalaf took the initiative of creating a crisis cell to support the families of the Beirut Port blast victims by legally escorting them through trial in order to obtain their rights and conserve their dignities. By that we don’t only mean pressing charges to collect financial compensations for the High Relief Comity takes care of that matter. We are talking about a lawsuit before a Public Prosecutor looking after people’s right to a compensation and playing an effective role in bringing the guilty to justice. Today, we see a unique awareness dealing with wounded Lebanese as they call not to ask about financial compensation but to know whether or not the identity of the people responsible for the blast was uncovered, when they would be prosecuted and when they would pay the price of the harm they caused to their families and loved ones.

Jaber added: “This case will preserve the rights of the Lebanese people. This is the first time in the history of the country people get a chance to prosecute officials for any damage caused directly or indirectly by the state, public sector employees, ministers, deputies… more than 1570 lawsuits have been filed, as the operation room still receives new cases every day from 9 am till 5 pm.”

The syndicate operation room facilitates filing lawsuits for citizens and offers free services. This process requires many procedures, documents and reports. The operation room also verifies the submitted files and check all needed documents to then have a lawyer file the lawsuit before the Public Prosecution or the judicial investigator, Judge Fadi Sawan.

“The operation room team opened doors to filing lawsuits through the field-based stations of volunteer lawyers set in different affected locations in Beirut like Ashrafieh, Rmeil, Mar Michael, Ain Mreisseh, Karantina, Berj Hammoud and Basta, or online via the Syndicate website for those who cannot reach a station.”

Jaber explained the importance of applying through the website. The affected can benefit from legal representation and press charges by filling an online form with the information needed for the files. Applicants are required to send a picture of their ID or an individual extract, their address, a medical report of the physical damage, pictures of material damage and any other proof of damage. Applicants can also find the Google maps location of the stations on the website. Files are being handed randomly to around 320 volunteer trained lawyers.

Then, Jaber spoke about the duties of on-site volunteers. They receive those who wish to file a lawsuit and visit those who can’t fill an online application by themselves. Some people need help, others want to ask questions in person… After submitting the aforementioned documentation, the lawyer would help citizens fill an online application.

Either way, lawyers contact applicants in case of missing information or documents or to fill them in on any news, Jaber confirmed. Lawyers Syndicate operation room prepares the documents of every file and writes a report of the annexed damages before transmitting a hardcopy to court. Lawyers syndicate is cooperating with real estate experts to estimate the value of recorded material damages.

Jaber introduced the “know your legal rights” initiative the syndicate started in collaboration with the United Nations Development Program UNDP. It’s a platform helping citizens know their rights related to the blast and its repercussions. Citizens can contact the team through the phone or over the website and they will be directed to the party in charge of helping them depending on their case. Jaber pointed out the many legal issues the explosion uncovered that people will dealing with “Lebanese-style”. Some tenants don’t have a rent lease, and some owners in Mdawar and Gemmayzeh used the damages to push tenants out. Who would compensate the losses of these people? Do they benefit from insurance companies?

We answered 4,200 questions regarding rent as it was an urgent issue, but we also received questions about insurance, necessary documents for determination of inheritance, the High Relief Comity, or the Lebanese army…

With hope, Jaber concluded his interview “Lebanese-style” saying: “Legal practice is a career and a calling. Our duty is to help with public service and represent those who are unable to access their rights”.

It seems that the Lebanese lawyers are determined to fight alongside the Beirut port explosion before the court.

Communication and Public Relations Department