July 20, 2015 Letter from Case Authority to Urgent Matters Judge
Omar Wafik Tarabah
Lawyer of the Lebanese State
Civil and Arbitration Cases
Masters in Private law
Beirut, July 20, 2015
To: HH Judge of Urgent Matters in Beirut
Petition
Submitted by
Cases no: 137/ 2014
Petitioner: The Lebanese Republic represented by the Head of the Case Authority at the Ministry of Justice, represented by Lawyer Omar Tarabah pursuant to decree no: 1580/2015
Re: Taking a summary decision with immediate effect from the deliberation chamber pursuant to a writ on petition to oblige the maritime agent to remove the merchandise from the Lebanese territory
Whereas according to the referral you sent to the Case Authority at the Ministry of Justice to adopt a stance concerning the letter of the Customs Administration in which the Administration requested the maritime agency through you to remove the material and merchandise unloaded from the ship “Rhosus” from Beirut Port.
Whereas your esteemed court had previously taken a decision dated June 27, 2014 which ruled to authorize the Port Authority to refloat the ship and transfer the material onboard to an appropriate place to store it given its hazardous nature.
Whereas these material and merchandise were stored in the Customs Warehouse no 12 at Beirut Port.
Whereas according to the letter of the Customs Administration, the presence of the merchandise and material in the warehouse is threatening the safety of the port and those working there since it contains ammonium nitrate.
Whereas article 589 together with article 593 of the Lebanese Code of Civil Procedure, give the Urgent Matters Judge the competence to take all the interim and precautionary measures to avoid damage without having to call or hear the litigant in accordance with the due process related to the writs on petition which require this,
Whereas given the negligence of the ship owner and maritime agent, and given the dangers imposed by the presence of these material on the public safety.
Therefore,
the petitioner respectfully requests from your honor,
Taking a decision to oblige the maritime agent to remove the material and merchandise from the Lebanese territories at its expense and responsibility in accordance with the due process without calling the maritime agency or its representatives according to article 589 together with article 593 of the Code of Civil Procedure.
Signature
Omar Tarabah
Translated by Human Rights Watch