Restitution of Ill-Gotten Gains and Safeguarding State Rights and Interests
On June 21, 2023, the USJ Faculty of Law and Political Science (FDSP) hosted a discussion on the pressing topic of restitution of ill-gotten gains and safeguarding of State rights and interests at the Gulbenkian Auditorium on the Social Sciences Campus, in the presence of public figures, legal experts, and engaged citizens.
In his opening speech, Prof. Salim Daccache S.J., USJ Rector, extended heartfelt congratulations to the Faculty for selecting the theme of the restitution of ill-gotten assets as a subject for legal and moral reflection, especially in the current context where misinformation proliferates without a scientific foundation or objective reality. He emphatically stressed the paramount importance of enlightening the public about the procedures for preserving the rights of the Lebanese state and recovering looted public property, while also underlining the need to fortify the legal framework for safeguarding state assets. The Rector expressed deep concern over the State’s inaction in the face of robberies and the uncertainties surrounding depositors’ funds, both in foreign and domestic currencies. He urged for unwavering vigilance in addressing this pressing issue, a responsibility that falls on the shoulders of the active and ethical forces of civil society, notably Saint Joseph University of Beirut and its esteemed Faculty of Law and Political Science.
FDSP Dean and former Minister of Justice, Prof. Marie-Claude Najm Kobeh, delivered a compelling keynote address that focused on preserving the rights and interests of the Lebanese State. She highlighted the recent challenges faced by the Department of State Litigation at the Ministry of Justice, which decided, following a prosecution by the Lebanese Public Prosecutor’s Office, to make the Lebanese State a civil party to the Lebanese proceedings in the Salamé case, and subsequently in the proceedings before the French courts. Prof. Najm Kobeh firmly refuted the argument that the Department of State Litigation should seek prior request or authorization from the minister concerned by the case before taking legal action, providing strong textual arguments and legal logic to support her stance.
Her insights extended beyond the specific case at hand, emphasizing the vital importance of preserving the autonomy of the Department of State Litigation from the influence of the political class. This autonomy is crucial for safeguarding the rights and interests of the State, as it ensures that legal actions are not subject to the personal interests of any particular Minister or political party. Prof. Najm Kobeh aptly emphasized that the State should not be reduced to the government or its ministers, and this issue also raises profound considerations in the realm of political philosophy.
In his thought-provoking speech, Mr. William Bourdon, lawyer and Founder of Sherpa, an association dedicated to combating economic crime, shed light on the global evolution in the fight against corruption and money laundering. He eloquently spoke of a remarkable “universalization of intolerance” among the world’s citizens, replacing the culture of resignation. This shift is driven by an increasingly professional, demanding, and audacious civil society.
Drawing from his experiences, Mr. Bourdon shared valuable lessons learned from the first complaints he filed in 2007 against three African heads of state - Bongo (Gabon), Obiang (Equatorial Guinea), and Sassou N’Guesso (Congo-Brazzaville), as well as the case of Rifaat el Assad’s ill-gotten gains. He emphatically stressed that the thriving existence of the “great global thugocracy” is made possible through the complicity of professionals, including auditors, banks, notaries, and lawyers, who dishonor their professions at every turn.
Underlining the vital role of independent judges, Mr. Bourdon firmly asserted that effective measures against corruption are impossible without their unwavering commitment. Moreover, he underscored that this ongoing fight necessitates a professional civil society, characterized by courage and protected by the State.
Regarding confiscated assets, he referred to the French law of 2021 governing the restitution of ill-gotten gains to impoverished populations. This law stipulates that the recovery of ill-gotten assets is contingent upon the implementation of development projects in the interests of the population, aiming to prevent the recycling of these assets into a circuit of corruption.
Inquired about the new tools of settlement and plea agreement, which enable prosecuted individuals to avoid criminal sanctions by admitting guilt and accepting the definitive confiscation of seized assets, he noted that such examples are rare. This is because major corruptors often construct their defense on denial. However, he emphasized the pivotal role of whistleblowers in legal proceedings related to significant financial scandals.
He encouraged Lebanese citizens to share any pertinent documents and information they possess on the ALB-Alerte Lebanon platform, which is considered highly secure. Finally, Mr. Bourdon announced that Sherpa was in the process of preparing legal action against individuals holding public office and was examining the possibility of filing charges against specific French subsidiaries of Lebanese banks. These subsidiaries are suspected of falsifying accounting entries to conceal massive capital transfers out of Lebanon.
Judge Rana Akoum, head of the Ministry of Justice’s international cooperation office, presented the mechanisms for the restitution of ill-gotten assets, following proceedings in Lebanon or abroad. She thoroughly examined the avenues provided by Lebanese laws and international instruments, elaborating on the competent authorities, their conditions, requirements, and the effects of their actions. Judge Akoum also highlighted the new features of the laws that were enacted between 2020 and 2022, underscoring the pivotal role of this legal arsenal in combating corruption and ensuring transparency in public life.
The ensuing discussions, expertly led by Mr. Karim Daher, lawyer and lecturer at FDSP, Chairman of the Commission for the Protection of Depositors’ Rights at the Beirut Bar, and member of the UN High-Level Panel on International Accountability, Transparency, and Financial Integrity (FACTI High-Level Panel), reflected a high level of public interest in the addressed issues. The primary objective of the conference was to enlighten citizens on crucial matters without any political one-upmanship, thereby fostering public debate and encouraging civil society to exert pressure on those responsible for preventing and penalizing criminal financial practices.
Read also : La restitution des biens mal acquis et la préservation des droits et intérêts de l’EtatClick here for photos
Click here for conference program