Hanna Saleh
TT
20

Taking the State Back by Breaking Up the 'Corrupt Deep State'

From the moment a law granting the warlords of the Lebanese civil war amnesty was passed, establishing “immunities” for official and legitimizing “impunity” (all compounded by an external veto on the dissolution of Hezbollah’s militia) the coup against the Taif Agreement and the constitution began taking shape. No functional state was established and, since then, the government’s role has been reduced to crisis management and the distributing spoils of a sectarian, predatory power-sharing system.

After the financial collapse was complete and the spoils of reconstruction had been looted, with the banking cartel having gambled away depositors’ funds, a meeting was held at the President Michel Aoun, Speaker Nabih Berri, and Prime Minister Hassan Diab, along with other high-ranking officials, decided to distort the constitution and paralyze the law, freezing lawsuits citizens had filed to take back their bank deposits. From that moment on, the judiciary stopped ruling on cases concerning the rights of those who had been robbed and humiliated. More than five years into the crisis and the deepening collapse, and despite multiple failed attempts to pass an amnesty for financial crimes, not a single person has been prosecuted for the theft of $200 billion.

The appointment of an international firm to conduct a forensic audit of the Lebanese central bank was initially celebrated. However, apprehension soon dashed the mood. The audit ultimately revealed over $70 billion in losses from the central bank’s accounts alone. It also showed that the bank’s leadership had withheld documents containing information about astronomical commissions (around $8 billion). This should have required that the audit continue, but the matter was instead deferred to the public prosecutor’s office. The prosecutor at the time, Judge Ghassan Oueidat, split the forensic audit report among four different judicial bodies, ensuring that those in power would never face charges and rendering the entire audit meaningless.

The judge leading the investigation into the Beirut Port blast summoned senior politicians, security officials, and administrators, and charged four former ministers: Ali Hassan Khalil, Ghazi Zeaiter, Nouhad Machnouk, and Youssef Fenianos. Charging them with “probable intent” to kill, he requested their arrest. Then, Prime Minister Hassan Diab refused to allow its implementation. Former President Michel Aoun denied authorization to summon the Director-General of State Security, and the Minister of Interior allowed the head of General Security to avoid appearing before the judge.
On orders from the commander of the Internal Security Forces, the judicial police ignored the arrest warrants. Putting himself above the law and its requirements, the former public prosecutor (who himself was under investigation) filed charges against the lead investigator and ordered the release of detainees held for their role in the explosion. Over four years after the devastating explosion, justice continues to elude our capital and the victims!

On February 14, the 20-year anniversary of the assassination of former Prime Minister Rafik Hariri, Prime Minister Nawaf Salam declared “The lesson to be learned is that there can be no stability or security without accountability.”

A few days earlier, Judge Salam had said that “Without an independent judiciary, their freedoms cannot be safeguarded, rights cannot be ensured, and investment cannot be drawn.” His cabinet’s ministerial statement included a commitment to “strengthening judicial independence (...) so that it withstands pressure to prevent it from safeguarding rights, protecting freedoms, and fighting crime.” It also committed to “preventing any obstruction or delay of judicial investigations, particularly in the Beirut Port blast case and financial corruption scandals.” Furthermore, it pledged to reform the state and reinforce sovereignty, likening this task to “rebuilding the country from the ground up.”

Once it secures a vote of confidence, the government, this foundational government, will have to overcome the critical challenge of rebuilding state institutions to meet “the Lebanese people’s aspirations for a modern, capable state that retains the trust of its citizens.” One key pledge is to fill vacancies “with men and women distinguished by their integrity, competence, and loyalty to the state.”

The focus, here, is on first-category public sector vacancies, which stand at 56% (143 positions, including leadership roles in the army, security forces, central bank, judiciary, directorates, diplomatic corps, as well as regulatory and oversight bodies, are currently vacant) and several second-category vacancies. The prime minister’s vision will inevitably clash with an entrenched establishment of politicians who see the state as nothing but a source of wealth and power to distribute among themselves. Since being granted amnesty for their war crimes, sectarian leaders have split state employees among themselves, from ministers down to janitors, and placed themselves above the law and accountability. This has granted the ruling establishment an unchecked “right” to exploit state revenue and public assets without fear of oversight.

The battle to introduce a new elite loyal to the state will not be easy, but it is possible, as public demands for real reform and genuine change are rising like a tsunami. Moreover, the era of illegal arms shielding corruption and facilitating money laundering is over.

Lebanon has a historic opportunity to reclaim its role and begin to recover today. Seizing this opportunity requires dismantling the “deep state,” which has been packed with loyalists. To do so, institutions must be strengthened and staffed with qualified professionals rather than partisans. That is the only way to begin repairing the damage of decades of sectarian power-sharing, which enabled a mafia-militia alliance to dominate the country for over 30 years. Only then could decision-making return to the hands of a “state loyal to the constitution,” one that “ensures justice for all without exception or hesitation.”