SEEKING NATIONALITY
THE JUDICIAL ODYSSEY OF APPLICANTS
Associations. Here too, the cost varies between e Beirut Bar Association
(which charges around 75,000 Lebanese Liras or $50 per power of
attorney) and Tripoli Bar Association (which charges around 110,000
Lebanese Liras or $75 per power of attorney). Such authentication is
repeated every time the lawsuit moves to a higher instance appellate and
cassation courts and upon execution of court orders, and the client pays
authentication fees all over again.
Burden of Lawyers’ Fees
Lawyers’ exaggerated fees constitute one of the major obstacles that
discourage individuals willing to file registration or nationality lawsuits.
Registration and nationality lawsuits are of unspecified value.
Although legal representation is not mandatory in civil status lawsuits,
the majority of the stateless persons are not aware that they may file a
lawsuit on their own. But regardless, in reality almost all are not capable
to prepare their legal file and handle the court proceedings by themselves.
Article 16 of the Code of Ethics of the Law Profession66 stipulates that
“attorneys shall specify, by means of a clearly written agreement,
his/her fees in advance with the client, unless impeded by special
circumstances,” and that the attorney shall “specify his/her remuneration
moderately, taking into account the financial situation of the client and
the effort he/she expects the lawsuit demands.” The findings of our study
show that in most cases none of these principles are followed. For both
registration and nationality lawsuits, lawyers charge fees that ranges
between $5000 to $15,000. Sometimes, lawyers charge additional cost
according to the number of individuals in the lawsuit. And none of the
lawyers had a written agreement with the clients specifying her/his fees
and the court proceedings costs or issue receipts for payments received.
Clients find themselves sometimes not able to prove the amount they
had paid the lawyers, particularly if needed in case the lawyers ask for
additional payments without clearly explaining the reason and purpose, or
if a disagreement arise between the lawyer and the client.
A number of lawyers tend, unethically, suspend legal representation and
consequently the court proceedings if their clients are late in settling
due payment or the additional fees requested instead of proceeding with
the lawsuit and then filing a claim to obtain the specified remuneration.
They also deny their clients a copy of their judicial file unless they pay
additional amounts which exceed the cost of photocopying by miles.
Burden of the DNA Test cost
In registration lawsuits DNA tests
has become systematically ordered
by the Single Judge in recent
years. It involves, the laboratory
fees, the court clerk transportation
allowance to accompany the
individuals to the laboratory when
taking blood samples, photograph
them, confirm their identities, and
collecting the test results and
delivering them to the court; and
the cost of transportation of the
Applicants themselves. Regardless
of the conflict between the religious
courts and civil jurisdictions on
matters of personal status issues
which is beyond our study here, we
will limit our review to highlight the number of issues related to the cost
of the DNA tests.
First, the DNA test is high and almost unaffordable, particularly for the
extremely poor stateless families. In general, the total cost of DNA test
for a small family composed of a mother, father, and one child would be
around 917,000 Lebanese Liras ($305). In reality, most families are made
of at least five children as an average, the cost reaches around 1,673,000
Lebanese Liras (around $1115) excluding the fees of the forensic doctor.
Although the DNA test aims to establish the paternal biological affiliation
of the child in order to register her/him under the father’s personal civil
event record, most courts require a DNA test with the mother too. This
aims to confirm the veracity of the motherhood.67 In addition to the added
cost of the DNA test, sometimes it complicates the matter if the mother
is in hiding or lives in a place unknown to her family or outside Lebanon (if
she is a foreign citizen deported to her country).
Sometimes, if the father is deceased, the court orders the DNA tests to
be conducted with two uncles to ensure scientific accuracy instead being
satisfied with one only. One questions the scientific necessity of two
uncles as this double twice the laboratory fees of already unbearable cost.
Second, the courts limit the recognition of a few laboratories where DNA
test to be done that are all located in Beirut. This incurs heavy additional
transportation cost for individuals coming from outside Beirut, and more
so for those coming from remote rural regions.
Third, the laboratories do not have unified standardized prices for DNA
cost. For examples, Rafik Hariri University Hospital and ATL laboratories
charge 150$ per individual, and the Medical Genetics and Genomics Center
at Saint Joseph University the cost is 225$. The cost doubles if the test is
being done with the uncle or cousins. The Court of Cassation systematically
request the DNA test to be done in the most expensive laboratory.
Fourth, the allowance ordered by the Single judge to be paid by the
Applicants to the court clerk to cover cost of her/his transportation to
Although the
DNA test aims
to establish the
paternal biological
affiliation of the
child in order to
register her/him
under the father’s
personal civil
event record, most
courts require a
DNA test with the
mother too.
SEEKING NATIONALITY | PART 3
FRONTIERS RIGHTS
76
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