Shadow Report
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SHADOW REPORT: SUBMISSION TO THE COMMITTEE AGAINST TORTURE IN RELATION TO ITS EXAMINATION OF THE INITIAL REPORT OF LEBANON (MARCH 2016) About the organization 6 Preface 7 Preamble - The general political and legal framework for the protection of human rights 8 in Lebanon - First: The political framework of the year 8 - Second: General legal framework for the protection of human rights in Lebanon 11 Chapter 1 - The general legal framework in Lebanon that prohibits torture and other 13 cruel, inhuman or degrading treatment or punishment - Enforcement by the judicial and administrative authorities of the provisions 17 of the Convention directly, and the necessity to translate them into domestic laws or administrative regulations so that the concerned authorities will be able to enforce them Chapter 2 Steps to implement the Convention against Torture in Lebanon 20 Chapter 3 Definition of torture in Lebanese Law (Article 1 of the Convention) 22 Chapter 4 Effective measures to prevent acts of torture (Article 2 of the Convention) 23 Chapter 5 Prohibition of extradition of persons to countries that practice torture (Article 30 3 of the Convention) Chapter 6 Conviction of torture in the Lebanese law (Article 4 of the Convention) 33 Chapter 7 Jurisdiction of the Lebanese judiciary over crimes of torture (Articles 5 and 6 36 of the Convention) Chapter 8 Judicial proceedings for the prosecution of persons accused of committing 37 crimes of torture (Article 7 of the Convention) Chapter 9 Pledge to hand over persons accused of crimes of torture and provide judicial 38 assistance between States Parties to the Convention (Articles 8 and 9 of the Convention) Chapter 10 Train employees in medicine sector and law enforcement and judicial officials 39 concerned with the prohibition of torture issues (Article 10 of the Convention) Chapter 11 Keeping under review the rules, instructions, methods and practices related 41 to persons interrogation and detention arrangements and treatment of persons under any form of arrest, detention or imprisonment under the scope of torture prevention (Article 11 of the Convention) Chapter 12 Prompt and impartial investigation into allegations of torture 44 committed inside the Lebanese territory (Article 12 of the Convention) Chapter 13 Guarantee the rights of persons who have been subjected to torture, accept 45 complaints, conduct immediate investigations, and protect complainants and witnesses from mistreatment and intimidation (Article 13 of the Convention) Chapter 14 The rights of the victims of torture, to obtain fair and adequate compensation 49 for damages and compensation and rehabilitation (Article 14 of the Convention) Chapter 15 Non-use of any statements obtained under torture as evidence except 50 against a person accused of torture as evidence that the statement was made (Article 15 of the Convention) Chapter 16 The obligation to prohibit acts that involve cruel, inhuman or degrading 52 treatment or punishment (Article 16 of the Convention) Published on December 15, 2016 To be presented on the 60th Session of the Committee Against Torture, 17 April – 12 May 2017 Abbreviations Alef Alef - Act for human rights CAT Committee Against Torture CCP Code of Criminal Procedure CLDH Lebanese Center for Human Rights FIDH Worldwide movement for human rights ICCPR International Covenant on Civil and Political Rights ICRC International Committee of the Red Cross IRCT International Rehabilitation Council for Torture victims ISF Internal Security Forces LGBTI Lesbian, Gay, Bisexual, Transgender or Intersex LIR Lebanese Initial Report MDDC Ministry of Defense Detention Centre NPM National Preventive Mechanism NHRI National Human Rights Institute OPCAT Optional Protocol of the Convention Against Torture SOLIDA Support to the Lebanese Detained Arbitrarily UNHCR Office of the United Nations High Commissioner for Refugees WGAD Working group on arbitrary detention About the organization asylum seekers and Lebanese through legal consultations and before courts, The Lebanese Center for Human Rights institutions and security services. CLDH (CLDH) is a local non-profit, non-partisan compiles a daily press review on human Lebanese human rights organization rights violations and on-going judiciary based in Beirut. CLDH was created in cases in Lebanon and updates several 2006 by the Franco-Lebanese Movement human rights blogs. SOLIDA (Support for Lebanese Detained Arbitrarily), which has been active since CLDH is a founding member of the 1996 in the struggle against arbitrary Euro-Mediterranean Federation against detention, enforced disappearance and Enforced Disappearance (FEMED), a the impunity of those perpetrating gross member of the Euro-Mediterranean human rights violations. Network of Human Rights (REMDH), a member of the SOS Torture Network CLDH monitors the human rights of the World Organization against situation in Lebanon, fights enforced Torture (OMCT), and of the International disappearance, impunity, arbitrary Federation of Human Rights Leagues detention and racism and rehabilitates (FIDH). the victims of torture. CLDH regularly organizes press conferences, workshops and advocacy meetings on human rights issues in Lebanon and collects, records and documents human rights abuses in reports and press releases. CLDH team on the ground supports initiatives aimed at determining the fate of all missing persons in Lebanon. CLDH regularly follows up on numerous cases of arbitrary detention and torture in Lebanon in coordination with Lebanese and international organizations, and with the United Nations Working Group on Arbitrary Detention WGAD and the UN Special Rapporteur on Torture. CLDH opened in 2007 a Rehabilitation Center for the victims of torture in Beirut, Centre Nassim, member of IRCT (International Rehabilitation Council for Torture victims), which provides multi-disciplinary professional support and case management for victims of torture and their families. Since 2012, CLDH established a legal aid program for vulnerable persons. Several lawyers assist vulnerable migrants, refugees, 6 Shadow Report Preface by law enforcement personnel, especially members of the ISF and the Directorate Lebanon presented to the Committee of Military Intelligence. Against Torture its initial report in March 2016 with a delay of almost 15 The Lebanese State initial report is a years since the due date for submission reference in terms of research about was on November 4, 2001. Lebanon the Lebanese law, Lebanon international explained this fact by “the extraordinary commitments in the field of human rights political, economic, social and security and a compilation of all efforts declared circumstances that Lebanon went to be implemented towards the abolition through in the past fourteen years of the practice of torture but it does not (that) did not allow the fulfillment of this really bring information on the current commitment within the prescribed time practice of torture in Lebanon. limit.” A few parts of the State report however However, CLDH has the expertise and amount to the acknowledgement by sufficient vision to affirm that the delay the Lebanese State of a situation in the presentation of this report is in fact out of control in the field of torture related to the absence of political will prevention, notably when the State on behalf of the Lebanese authorities to admits that vulnerable individuals can abolish torture and to comply with their be “detained in secret” (page 70) or that international commitments, and even to “the perpetrators have full experience in abide by the domestic applicable law. committing acts of severity that do not result in any apparent physical effects” CLDH has been documenting torture (page 43). in Lebanon since 1996 and is the only independent organization establishing In reality, 16 years after its ratification by regular statistics about the practice Lebanon, the only provision of the CAT of torture in Lebanon. Between 2009 that has been effectively raised in a few and 2015, all statistics established by cases is the Article 3 of the Convention CLDH show that 60% of the persons to prevent deportation of refugees to arrested in Lebanon over a year are countries where they are at risk of being subjected to torture and serious ill tortured. This created an interesting treatments at a certain stage of their precedent, even if security services very detention, more particularly during often refuse to abide by the Justice preliminary investigations and/or during decisions, as described in this report. “administrative” detention (for the foreigners). The only law that has been voted since the publication of the State report is Lebanon report reminds inter alia the the one setting up a NHRI (National visit of “a delegation from the Committee Human Rights Institute) including the against Torture (CAT) in the period NPM (National Preventive Mechanism) between April 8 and 18, 2013”, without that is already 7 years late (ratification mentioning the appalling conclusions of of OPCAT took place in 2008 and the this visit showing that among the 216 State had one year to set the NPM) and detainees interviewed by the delegation, implementation still needs to take place. 99 reported being subjected to torture 7 All the other efforts mentioned in Lebanon initial report are draft laws, projects, plans and initiatives of the civil society aiming at combating the practice of torture that did not put an end to the systematic practice of torture in Lebanon in any way. This shadow report includes various sources