SEEKING NATIONALITY THE JUDICIAL ODYSSEY OF APPLICANTS attend the DNA test in the laboratories is not unified. The average allowance ranges between 250,000 and 500,000 Lebanese Liras (equivalent to $167 & $333). This allowance, regardless of the location of the court and the distance from to the laboratory, is extremely high compared to the actual transportation cost or the employee’s salary per day. Furthermore, court clerks do not execute the DNA test ordered by the court immediately. They make the Applicants wait till they have several orders to accompany all in one day. As such, they obtain several allowances and spend transportation and meal in one day only. As such, accompanying Applicants to DNA tests has become a secondary source of income for the court clerk and the amounts he/she receives per month much exceed his/her monthly salary. In addition, sometimes the judge specifies fees to be paid by the Applicants for an expert (forensic doctor) in order to write the DNA test report. This is added unnecessary procedures and financial burden as the forensic doctor usually copies the report from the test results issued by the laboratory specialists. However, a good practice was shown in one of the registration lawsuits. The judge ordered the DNA tests in late 2012 and did not assign a court clerk to accompany the Applicants but rather asked the laboratory to send the court the required photographs along with the fingerprints and a detailed report of the testing. Also, worth noting that courts in the North and in Akkar have begun in 2018 adopting a unified amount for the court clerk allowance, though still high. This is usually set at 350,000 Lebanese Liras (around $233, regardless of the distance such as from Qoubaiyat, Halba, Tripoli, or Zgharta and the time required for travel. Long Delays in Judicial Processes “Justice delayed is justice denied” is a legal maxim which highlights the importance of respecting delays in fair and effective judicial proceedings. Article 14 paragraph (c) of the International Covenant on Civil and Political Rights ratified by Lebanon stresses states: “the right [of everyone charged with a criminal offence] to be tried without undue delay”. The general comments of the Human Rights Committee stresses on the criterion of “undue delay” and stipulates that “in order to make this right effective, measures must be taken to ensure that the trial proceeds without undue delay both in Courts of First Instance and Courts of Appeal.”68 The principle of fair trial is stipulated in the Lebanese Code of Civil Procedure (CCP) that considers undue delays in issuing a ruling or judgement as a denial of rights and justice.69 In court proceedings, the legal notification is a cornerstone to ensure due process during all the judicial phases. The date of receiving the legal notification initiates the delays allowed to submit the reply to the court such as the counter argument, expert reports, submission of appeal, in addition to other processes. The Lebanese CCP does not set clear time limits for notifying the litigants of procedures and processes related to the lawsuit. It sets, however, delays for judicial legal notification processes and procedures carried out by the judicial administration. Article 364 emphasizes the role and responsibility of the judge in The general comments of the managing proceedings in such a Human Rights Committee way that the judge “shall ensure stresses on the criterion of the proper conduct of trial, and for “undue delay” and stipulates that purpose, shall have the right that “in order to make this right to specify time limits and take effective, measures must be the necessary measures”. Article 451 states “The Court Registrar or taken to ensure that the trial clerk shall provide receipts of all proceeds without undue delay judicial documents presented to both in Courts of First Instance him/her and shall send the copies and Courts of Appeal.” of the documents for notification within a time limit of twenty-four hours’ maximum. Any delay with no valid excuse shall subject the Court Registrar or clerk to disciplinary action.” and Article 406 add: “The bailiff or person in charge of notification shall submit to the Court Registry the notification report within a maximum of forty-eight hours or else he/she shall be fined by the court an amount ranging between 20,000 and 40,000 Lebanese Liras. The notification papers shall be included in the judicial file.” (Unofficial translation). The Lebanese CCP also specifies the principles of notifying litigants and determines certain measures to be followed in case the party to be notified refuses receiving notification or is unavailable to receive notification. These measures apply for both natural persons and legal entities including the State. In such circumstances, the bailiff shall, by law, leave the notification papers with the person representing the state, and the notification is considered legally complete even if the SEEKING NATIONALITY | PART 3 FRONTIERS RIGHTS 78