Garbage Crisis
On the 7th of August, 2019, the “United for Lebanon” (UFL) Alliance, of which it is initially entitled "United Lawyers Against Corruption”, accompanied by “Green Globe”—represented by its chairperson, Samir Skaff—filed two criminal complaints: the former before the Public Prosecution of Discrimination, and the latter before the Public Prosecution of Finance—registered beneath the number of 5616—against its focal defendants. The litigants foregrounded in the suit are primarily the Council for Reconstruction and Development (CDR), the owner of the landfill situated within Burj Hammoud, whose president is known as Nabil Al-Jisr, Khoury Contracting Company S.A.L., as well as the following authorized signatories: Danny Khoury and Jihad Trading and Contracting Company S.A.L., the partner for both the procedures of processing and disposing waste; Jihad Al-Arab and Jihad Trading and Contracting Company – Sorico S.A.L. (JV), the contractor for both matters of sorting and composting; Mohammed Berber and the Consultant Supervisor, Rafik Al-Khouri & Co. Holding S.A.L.; Rami Al-Khouri and the Consultant of Dar Company for Design Engineering and Technical Consultancy (Shaer and Associates) S.A.L., Talal Al-Shaer; and all of the individuals shown by the investigation to be perpetrators of behaviors of activity, instigation, partnership, or intervention. The aforementioned precedents fall within the spectrum of violating the provisions of the Environmental Protection Law No. 444, dated 29 June 2002, breaching the provisions of the Barcelona Convention for the Protection of the Mediterranean—signed by the consensus of Lebanon in 1976—in issues of squandering public funds, disbursement of influence, embezzlement, and investment of the post in support of the provisions of articles 363, 357, 359 and other provisions of the Lebanese Penal Code.
Having cultivated the stature of personal persecution, both as citizens and as lawyers, the plaintiffs have forwarded their demands against the defendants for the inception of an investigation concerned with such criminal matters, as well as for the obligation of the defendants, especially Khoury Contracting Company, without any plausible extension, to adjourn all sorts of work contributing to any further infringement of the legitimate rights and conditions in process within the Burj Hammoud landfill. The dam, in turn contravening the laws, regulations, and technological, scientific, technical, and international standards, poses detrimental damage and solemnly definite dangers to the safety and health of citizens, especially residents situated in the vicinity of the landfill, let alone harm to public health and tremendous inconvenience to the citizens and residents of neighboring places due to the dissemination of rather repugnant and noxious odors, commotion, and hazards to both nature and biodiversity.
The precedent plaintiffs additionally requested that precautionary measures be undertaken against the defendants, including a travel ban report, the removal of bank secrecy from the entirety of their accounts, the prevention of their disposition of both their transfer and immovable funds, an investigation of travel, and their referral to the competent judiciary.
The lawyers of the UFL Alliance plan to persist in their following of not only the course of the petition for the instantaneous closure of the Burj Hammoud landfill and its annexes before the Judge of Urgent Matters in Metn, Rania Rahma, who initiated the proceedings to apprise the summoned of the matter—in the forefront being Khoury Contracting Company—on the 12th of July, 2019, but also the course of the case against Jihad Al-Arab and Nabil Al-Jisr regarding the desideratum of the immediate cessation of the composting plant in Costa Brava, wherein the latter was referred by the Public Prosecution of Discrimination before the Environmental Prosecutor in Mount Lebanon, Ghada Aoun, in which a verdict has yet to be set forth for the absence of Judge Aoun in light of the judicial interlude taking occurrence as of today, the 7th of August, 2019. Additionally, there remains the cases of rancid and fetid stenches within the airport, much like the file of Al-Ghadeer River and others, presented before Judge Aoun, which awaits the verdict upon the case of the expansion of the Costa Brava landfill in the presence of the Judge of Urgent Matters in Aley, Rola Chamoun.
The UFL Alliance and Green Globe, in association with their advocates, are putting all pertinent judicial agencies before their own accord of liabilities, and setting forth a forewarning against any further misconduct of the waste catastrophe which they have taken upon themselves to handle both in professional and dexterous manners as a file concerned with health and environmental emergency contingencies at the national level, both of which are diverted away from any complacency to the enforcements of politicians. It is imperative to note that they also pronounce their preparatory measures for demanding and exhaustive moves on the ground in case they detect any obstruction in judicial follow-ups, taking into account that such movements are often postponed as a means of waiting for the tourist season to subside in importance, if any, considering their efficiency in weaving constructive resolutions without any disputes with anyone, and to exhaust all judicial means in their wake.