BEIRUT: Hezbollah has launched a campaign against the Military Appeals Court’s presiding Judge Alice Shabtini over the release of four members of the Al-Alam family convicted of collaboration with Israel, triggering a response from the judge, who insisted the court does not discriminate in its verdicts.
However, the war of words prompted Justice Minister Shakib Qortbawi to call on judges to avoid engaging in media rhetoric.
The Hezbollah campaign is believed to be linked to a long-simmering competition to fill the vacant post of the president of the Higher Judicial Council, the country’s highest judicial body.
Shabtini is reported to be backed for the post by President Michel Sleiman and Prime Minister Najib Mikati. Free Patriotic Movement leader Michel Aoun has nominated one of his supporters, Judge Tanious Mashlab, for the post. Hezbollah, allied with Aoun’s FPM, is expected to back Mashlab for the post. The president of the Higher Judicial Council is appointed by the Cabinet, where Hezbollah and its March 8 allies have a majority.
In recent weeks, Aoun has lashed out at the government for failing to act on long-awaited administrative appointments, including the naming of a new president of the Higher Judicial Council. Aoun was reported to have asked Qortbawi to propose Mashlab for the post when the issue comes up for discussion at the Cabinet. Qortbawi is one of 10 ministers representing Aoun’s parliamentary Change and Reform bloc.
The Military Tribunal had sentenced the four Al-Alams to prison for 10 to 15 years after convicting them of collaboration with Israel. The four were released on bail last week after having been held for two years and 10 months, judicial sources said Sunday.
On request from their lawyer, who challenged the Military Tribunal’s verdict, the Military Appeals Court accepted the challenge six months ago and decided to stage a retrial of the four.
After a probe of the four, the Military Appeals Court decided unanimously to release them, the sources said. The court, headed by Shabtini, comprises four army brigadier generals.
In its news bulletin Saturday night, Hezbollah’s Al-Manar TV slammed Shabtini for ordering the release of the four suspects, who hail from the southern town of Rmeish near the border with Israel.
“Some members of the Lebanese judiciary committed a dangerous precedent by releasing a group of hardcore Israeli agents who spent only a year and a few months [in jail] for verdicts that sentenced them from five to 15 years in prison. The reasons for the release of the agents remained unknown as much as they are suspicious,” Al-Manar said.
“Why did Judge Shabtini do what she did at this time? Yet the most dangerous question is: To whom does Judge Shabtini present her credentials while she is one of the candidates to the presidency of the Higher Judicial Council?” Al-Manar asked.
Hezbollah’s deputy leader Sheikh Naim Qassem indirectly criticized Shabtini, promising to follow up the case through normal channels. “This judge [Shabtini] has released a number of [Israeli] agents by appealing [their verdicts] without taking into account their file which is filled with collaboration [with Israel] and which requires a verdict,” Qassem said in a statement.
Responding to Hezbollah’s campaign, Shabtini said the decision to release the four had been taken by the court as a whole, adding that their retrial would continue. In an interview with An-Nahar newspaper Sunday, she said that among the four released are three who are very sick and were costing the state money to treat them.
“We cannot discriminate between one accused and another. It is not true that I was the one who released them. There are four officers with me in the court. There is an agreement within the court as a whole to release them. Also, Prosecutor General Saeed Mirza deemed that he matter be left to the court [to decide on it],” Shabtini said.
“I am against Israel and I have no enemy but Israel. But when we want to issue a verdict on people, all must be treated [similarly],” Shabtini added.
However, Shabtini’s statement drew a response from Qortbawi, who called on judges to avoid engaging in media rhetoric.
“Among the conditions of the judiciary’s smooth work is to stay away from rows and polarization. Based on this, the justice minister calls on all [judges] to avoid dealing with sticking judicial issues outside the courtroom. He also calls on judges to avoid engaging in media rhetoric under any circumstances,” Qortbawi said in a statement Sunday. – With additional reporting by Youssef Diab
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