June 27, 2014 Ruling by the Urgent Matters Judge
ت
429/2014
Petitioner: The Lebanese State – Ministry of Public Works and Transport
Ruling
On behalf of the Lebanese People
The Judge of Urgent Matters in Beirut,
After review of the documents,
And after scrutiny,
Whereas the Lebanese State (the petitioner) requests the authorization, through the Directorate General of Land and Maritime Transport, to complete the floating works of the “Rhosus” in a manner that does not jeopardize and threaten the maritime navigation, and the authorization to move the material onboard the ship given the risks it poses to the environment, to a safe and guarded place, and the authorization as appropriate, and after recovering the ship and the material onboard, to sell the ship,
And since as per the findings of the report of the national and foreign ship inspection service affiliated with the Directorate General of Land and Maritime Transport, there are many flaws in the ship that threatens the safety of the maritime navigation, and it was afterwards banned from leaving the country. However, the ship remained docked in Beirut port while carrying hazardous material and none of the requested action was done, knowing that it became at risk of sinking, and the flaws deteriorated as per the second report prepared by the above-mentioned authority,
Whereas article 13 of decision no 166 dated July 3, 1942, stipulated that the urgent matters Judge has the competence to authorize the adviser for maritime affairs to act on behalf of the ship owner, and to execute or complete the floating and disposal works at the expense and responsibility of the owner of the ship that sinks or drifts in the port and may obstruct the navigation,
Whereas the documents in the case file and both reports of the Ship Inspection Service affiliated to the Directorate General of Land and Maritime Transport, and the investigation conducted by the court clerk, reveal that the situation of the ship became dangerous and threatens the navigation in the port, whether because it is at risk of sinking as both reports mentioned, or due to the hazardous material the ship is carrying. Furthermore, the shipowner and his agent, are failing to take any action to prevent the damage, which requires, pursuant to the abovementioned article 13, authorizing the petitioner to refloat the concerned ship, after moving the material onboard and storing it in an appropriate place under its custody, after taking the necessary measures given the hazardous material onboard the ship,
And since the petitioner requests as well the authorization to sell the ship pursuant to article 11 of decision 41/166,
And whereas the mentioned article does not give the urgent matters judge the competence to take a decision concerning the sale, and refers to the provisions of decision 41/98, which requires rejecting the request because of lack of jurisdiction,
Therefore,
The following decisions were taken [by the judge of urgent matters]:
- Authorize the petitioner to refloat the ship that is the subject of the petition according to what was explained above after moving the material onboard to an appropriate place to store it under its custody.
- Reject the request to sell the ship because of lack of jurisdiction.
- Mandate the [court] clerk Ziad Shaaban to enforce [the decisions].
Effective Immediately. Beirut, June 27, 2014
Judge Jad Maalouf
[Signature]
[Court] Clerk
[Signature]
Translated by Human Rights Watch
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