The practice of torture

Despite being a party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol (OPCAT), torture in Lebanon is yet to be eradicated. In fact, in October 2014, the Committee against Torture (CAT) concluded that torture was "a pervasive practice that is routinely used by armed forces and law enforcement agencies for the purpose of investigation." Concerned over the practice of torture in Lebanon, 14 States recommended that Lebanon amend its legislation to make it compatible with the UNCAT and establish a preventative mechanism, in accordance with the OPCAT.

The use of the military tribunal to try civilians

The Military Tribunal in Lebanon has competence to try civilians, even though military tribunals should not be used to prosecute civilians due to their lack of independence and impartiality, as expressed by the UN Working Group on Arbitrary Detention (WGAD) on many occasions. Even more concerning is the fact that this tribunal does not respect fair trial guarantees, as it frequently holds secret trials and does not require the presence of a lawyer during proceedings.

In view of these facts, the delegation of Hungary recommended Lebanon "to limit the Military Tribunal's jurisdiction to members of the armed forces and enhance the independence of the judiciary."

Death Penalty

Even though there is a de facto moratorium on the death penalty, 28 death sentences were pronounced between January and February of 2015 alone. In view of this fact, Alkarama called on UN Member States to recommend Lebanon to establish a de jure moratorium on the death penalty, to the effect of its total abolition, a recommendation that was made by over 10 States including France, Switzerland, Belgium and Germany.

National Human Rights Institution (NHRI)

In November 2011, a draft law establishing a National Human Rights Institution (NHRI) was introduced in Parliament, but remains pending before the Chamber of Deputies due to the political stalemate prevailing in the country. 13 States, therefore, recommended Lebanon to establish a NHRI in accordance with the Paris Principles relating to the status of NHRIs.

What's next?

Lebanon received 219 recommendations from UN member States, which the country must consider before March 2016. The State should then implement the accepted recommendations in order to improve its human rights situation.

Although Alkarama welcomes Lebanon's positive attitude towards the UPR mechanism, it remains however concerned that most recommendations accepted during the State's first UPR in 2010 were not implemented. Alkarama therefore, calls upon the Lebanese authorities to establish a follow up mechanism in charge of supervising the implementation of the UPR's recommendations and to end human rights violations, especially by:

• Abolishing the use of special courts, including the Military Court, to try civilians;
• Putting a definite end to the practice of torture; and
• Establishing a de jure moratorium on death penalty.

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