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April 30, 2014 The complete Ledger of Urgent Matters Judge since the case was opened

 

Left to Right

May 7, 2014 Urgent Matters Judge Decision

 

Margin Number: 429/2014

Issued on: April 30, 2014

Number: 429/2014

Petitioner: Lebanese State – Ministry of Public Works and Transport

 

Subject: Request for permit to refloat RHOSUS ship

 

After review [of the documents],

 

We have decided to task the court clerk Ziad Chaaban with conducting an investigation about the summoning, and listening to the remarks of the ship owners, the maritime agent and the captain, if possible, to verify their [illegible] in taking the requested measures.

 

May 7, 2014

 

Judge of Urgent Matters in Beirut

Jad Maalouf

 

June 25, 2014 the Court’s Clerk Adds His Investigation to Case File

 

On June 25, 2014, the investigation report prepared by the court clerk was appended to the file.

[Signature]

 

July 8, 2014 Urgent Matters Judge Ledger

 

On July 8, 2014, O. Tarabah [Lawyer] appeared on behalf of the petitioner and obtained a true copy of the decision issued on June 27, 2014 and signed as per the below:

[Signature]

 

September 26, 2014 Urgent Matters Judge Ledger

 

On September 26, 2014, the Directorate General of Customs was notified of the decision of June 27, 2014, and a notification memorandum was duly delivered to Mr. Ali Awada, employee at the Directorate General of Land and Maritime Transport, in order to notify the Directorate General of Land and Maritime Transport procedurally and he signed as per the below.

[Signature – Ali Awada]

 

December 5, 2014 Letter from Customs Officials to Urgent Matters Judge Logged as Received on December 6, 2014

 

On December 6, 2014, a request to re-export [the merchandise] was received from the Directorate General of Customs and it was appended to the file.

[Signature]

 

December 8, 2014 Urgent Matters Judge Returns Customs Letter

 

Decision

 

After review of the letter issued by the Directorate General of Customs, we have decided to dismiss it in form.

December 8, 2014,

Judge [Signature]

 

June 30, 2015 Urgent Matters Judge Ledger

 

On June 30, 2015, a letter for re-export of merchandise was received from the Directorate General of Customs, and it was appended to the file.

[Signature]

 

July 1, 2015 Urgent Matters Judge Response to Customs

 

Decision

 

After review,

We have decided to refer the letter to the Case Authority at the Ministry of Justice to take a position and present any demands in a legal manner.

July 1, 2015

[Signature]

 

On July 1, 2015, a memorandum was sent to the Case Authority, and it was attached, along with a photo of the [illegible] and the letter of the Directorate General of Customs.

[Signature]

 

July 22, 2015 Urgent Matters Judge Decision

 

Decision

After review,

The following was decided:

1) Task the petitioner with clarifying whether it was notified of any decision by the Enforcement Department to seize the cargo mentioned in the request;

2) Notify the maritime agent to give his remarks regarding the request within three days, counting from the date of notification, and task him with providing the court with all information related to the ship charterer and owner, notably in terms of the possibility and method of communicating with them and whether they had been recently contacted about the ship and the merchandise, in addition to clarifying the identity of the merchandise owner and how to communicate with him and whether he has already been contacted.

On July 22, 2015

Judge

[Signature]

 

On August 4, 2015, O. Tarabah [Lawyer] appeared on behalf of the petitioner, and he has been informed of the decision of July 22, 2015 to act upon it [the decision] and he signed as per the below.

[Signature]

[Signature]

 

September 11, 2015 Urgent Matters Judge Decision

 

On August 5, 2015, an enforcement notice for the decision dated 22/7/2015 [illegible] was received from the petitioner, and it was appended to the file.

On August 5, 2015, the maritime agent was notified of the decision dated July 22, 2015 [illegible], and it was handed to Mr. Tarabah [Lawyer] on behalf of the petitioner [illegible] to duly notify him and Mr. Tarabah signed as per the below.

[Signatures]

On September 7, 2015, a remarks’ list was received from the maritime agent on???, which was appended to the file.

[Signature]

Decision

After review,

It was decided to call the petitioner and the ship agent to a hearing to elucidate some pending issues on September 16, 2015, at 1 pm.

On September 11, 2015

Judge

[Signature]

 

May 21, 2016 Urgent Matters Judge Receives Request from Customs

 

On September 14, 2015, confirmation of the notification of the Maritime Agency was received and appended to the file.

[Signature]

 

On May 21, 2016, a request was received from the Directorate General of Customs, it was appended to the file.

[Signature]

 

June 1, 2016 Urgent Matters Judge Response to Customs

 

Decision:

 

After review,

We have decided to reconfirm the previous decisions to return the letters sent directly by the administration on procedural grounds, and to refer a copy of the current request, once again, to the Case Authority to follow up on the proceedings, and implement the decision dated September 11, 2015, and to discuss whether the court [of Urgent Matters] is competent to look into the request, and the legal basis.

 

June 1, 2016

Judge

[Signature]

 

October 13, 2016 Judge of Urgent Matters Receives Letter from Customs

 

On October 13, 2016, a request was received from the Directorate General of Customs, and it was appended to the file.

 

October 17, 2016 Urgent Matters Judge Decision

 

Decision

After review,

Further to all previous decisions, and in light of the letters directly sent repeatedly and directly from the Administration and the failure to enforce any of the previous decisions, we decide to underline the previous decision and task the clerk with sending a copy of the record to the competent authority and the Case Authority to take the necessary action and to submit the requests procedurally, to be enforced as soon as possible.

October 17, 2016

Judge of Urgent Matters,

Jad Maalouf

[Signature]

 

On October 18, 2016, a notification document was sent to the Case Authority at the Ministry of Justice and the Directorate General of Customs, and they were delivered to [illegible] to notify the Authority procedurally.

[Signature]

 

July 19, 2017 Urgent Matters Judge Receives Request from Customs

 

On July 19, 2017, a request for permission to re-export the merchandise was received from the Directorate General of Customs, and it was appended to the file.

[Signature]

 

August 14, 2017 Urgent Matters Judge Decision

 

Decision

After review,

We decide to notify the petitioner once again, given they have capacity to move forward with the case and that no decision can be made before notifying the petitioner which initially submitted the petition. We also decide to task the petitioner with taking a position and discussing the competence of the urgent matters judge to determine the responsibility for or to transfer the ownership of the cargo, within one week from the date of notification, and tasking the clerk to notify.

 

August 14, 2017

Judge

[Signature]

 

On August 14, 2017, Omar Tarabah appeared before the court clerk, in his capacity as the state lawyer, and I notified him of the content of the issued decision. He stated that, based on the instructions of the head of the Case Authority, he cannot receive any documents directly from the clerk, and that a notification must be duly drafted to the Authority.

[Signature]

 

On September 13, 2017, the petitioner was notified of the request received on July 19, 2017 and the decision issued on August 14, 2017 through the clerk Mwaffak Yassine.

[Signature]

.

 

 

Translated by Human Rights Watch