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or noted they did not have jurisdiction to approve the sale or re-export of the material.[215] Procedurally, customs did not log their requests in the registrar of the court as provided for in the Code of Civil Procedure, but sent the communications by mail.[216] Further, customs officials could not get a judgment from the judge of urgent matters because the Ministry of Public Works, through the Case Authority, already had an ongoing case regarding the ammonium nitrate, and the judge had put the material under the ministry’s “judicial guardianship.” Only parties to the case can submit requests.[217] To cure the procedural error, customs officials would have either needed to put in a request to lift the Ministry of Public Works’ judicial guardianship over the material or refer to the Case Authority so that both parties could agree on the necessary course, and the Case Authority could put forward the request.[218] In addition to the procedural errors, judicial sources told Human Rights Watch that the urgent matters judges could not have authorized the sale or re-export of the material, as they can only take temporary measures in urgent situations and are not empowered to issue permanent rulings, like deciding on the ownership of the material, that would touch on the fundamentals of entitlements.[219] Some commentators have asserted that the Customs Administration did not need judicial authorization to remove or dispose of the ammonium nitrate and that they could have done so unilaterally.[220] In one example in which customs appears to have exercised or attempted to exercise this type of authority, in September 2018, Director General of Customs Daher sought a line of credit from the Minister of Finance to pay a company that treats medical and chemical waste to pack, transfer, and treat expired medicines and chemicals in the port.[221] Notably, hangar 12 was apparently excluded from this company’s site visit to the port in November 2017, when they assessed how much material needed to be removed and destroyed.[222] Human Rights Watch consulted five judicial sources on this issue.[223] All agreed that the Customs Administration did not need judicial authorization to remove the cargo after six months, either by selling it, destroying it, or re-exporting it, but one said that whether or not the Customs Administration could have done this without removing the judicial guardianship over the material was still under study.[224] Three of the sources confirmed to Human Rights Watch that removing the judicial guardianship over the material was a straightforward measure that any judge of urgent matters could have done, but that the Customs Administration never requested this.[225] By law, civil judges in Lebanon can rule only on what is requested by the parties, so the judge of urgent matters could not, of his own accord, have suggested this measure to the Customs Administration.[226] Judicial Charges for the August 4, 2020 Explosion Ali Hassan Khalil was the Minister of Finance between February 2014 and January 2020.[227] On December 10, 2020, Investigative Judge Fadi Sawan charged Khalil with negligence that led to the blast.[228] Citing a “judicial source,” AFP reported that Sawan charged Khalil with “negligence and causing death to hundreds and injuries to thousands more.” [229] According to AFP, the source said that the suspects had received “several written notices warning them against postponing the disposal of ammonium nitrate fertiliser” and that Khalil and others charged “also did not take the necessary measures to avoid the devastating explosion and its enormous damage.”[230] Khalil took to Twitter and local news stations to defend himself, largely by blaming other government officials, but he did not deny that he was aware of the ammonium nitrate at the port and the danger that it posed to the public

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