05 June 2013

Lebanon: UN Special Rapporteur on Torture updated on Tarek Rabaa's situation

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Investigate torture allegations, release Tarek Rabaa pending trial

Tarek Rabaa, a Lebanese engineer detained since July 2010 on conspiracy charges, will again be brought before the military court next Friday, 7 June. Not only is he still detained without being found guilty close to three years after his arrest, but flaws such as the judiciary's failure to order investigations into the allegations of torture, which were raised repeatedly, cast doubt on the fairness of his trial. As his health situation continues to deteriorate, Alkarama and CLDH reiterate their calls to the Lebanese authorities to grant Tarek Rabaa his right to a fair trial and consider his immediate release pending trial. To support these demands, we informed the UN Special Rapporteur on Torture of Mr Rabaa's situation on 30 May 2013.

On 12 July 2010, Mr Rabaa was summoned to the Ministry of Defence and subsequently arrested - a valid arrest warrant was only issued a month later. Until his transfer to Roumieh Prison on 26 October 2010, he was reportedly repeatedly subjected to severe torture likely to have been carried out with the aim of extracting confessions from Mr Rabaa as he was asked to sign papers at the time.

Mr Rabaa was first brought before the military court on 7 February 2011. Now, more than two years later and close to three years after his arrest, his trial is still ongoing. In spite of allegations of torture raised as well before the investigating judge as in court, we have no knowledge of an inquiry being opened into these allegations, in complete disregard of Lebanon's international obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed by the country in 2000. Without these investigations, it cannot be guaranteed that confessions extracted under torture are not eventually used against Mr Rabaa and that the alleged perpetrators will be held accountable.

We remain furthermore concerned about the excessive period of time for which he has been held in pre-trial detention so far as well as the serious flaws in the legal proceedings against him, including the fact that he is, as a civilian, tried before a military jurisdiction. Considering these different elements, Mr Rabaa's ongoing deprivation of liberty may amount to an arbitrary detention and constitute a further breach of his rights.

Tarek Rabaa's family informed Alkarama and CLDH that his health situation is continuously degrading and several incidents indicate that he does not receive the necessary medical care while in detention. Last September, for example, security forces interrupted his treatment against the advice of the medical staff present and he was taken back to his cell by force, as described in a medical report, which was provided to our organisations. Based on this as well as the excessive period Mr Rabaa spent in detention on remand so far, we support his demand for immediate release pending trial.

We reiterate that all persons have the right to fair legal proceedings in determination of the charges against them and that this includes the guarantee that statements extract under physical and psychological pressure are not used in court. As this cannot be ensured without investigations into the victim's allegations of torture, we urge the Lebanese authorities to open inquiries into all allegations raised before the competent bodies as is the case for Mr Rabaa. The next occasion to do so is the upcoming hearing this Friday, 7 June 2013, date at which the defence is also expected to again request his release pending trial.

Signatories:

- Lebanese Center for Human Rights (CLDH)

- Alkarama Foundation

Lebanon - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 03.11.1972
Optional Protocol: No

State report: Overdue since 21.03.2001 (3rd)
Last concluding observations: 05.05.1997

Convention against Torture (CAT)

CAT: Accessed on 05.10.2000
Optional Protocol: Yes
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 03.11.2001 (1st)
Last concluding observations: N/A

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Signed on 06.02.2007

Universal Periodic Review (UPR)

Last review: 11.2010 (1st cycle)
Next review: 2015 (2nd cycle)

National Human Rights Institution (NHRI)

No