Despite having informed the investigating judge in his trial of the torture, no investigation or medical examination has yet been ordered. In response to the severity of Maher Sukkar's situation, this blatant neglect on the part of the Lebanese authorities, and the likelihood of an unfair trial, Alkarama submitted his case to the Special Rapporteur on Torture requesting his intervention with Lebanese authorities to ensure that evidence extracted under torture is not used in Mr Sukkar's upcoming trial. Alkarama has also requested for an independent investigation to be initiated into the allegations of torture.
Extreme Torture
During the two days Maher Sukkar was held at the Ministry of Defence in Yarzeh, Military Intelligence officers left him hanging in the Balanco position (being hung by the wrists whilst hands are tied behind one's back) while they regularly beat him with sharp objects. He was forced to sign confessions prepared by his interrogators, and was not allowed to read them before signing.
On 30 April 2009 he was transferred to the barracks of Rihania's Military Police in Baabda, where he was detained until 6 May 2009.
From the date of his arrest until his transfer to Roumieh prison on 6 May 2009, Maher Sukkar was detained incommunicado: he was categorically denied contact with the outside world, his family, his friends, even a lawyer.
Accused of "forming an armed gang"
After a long wait, on 17 February 2010, Military Investigating Judge samih Al-Hajj charged Maher Sukkar, along with 10 others, with "forming an armed gang to commit crimes against people and property", "undermining the state's authority", "monitoring the military forces from the Lebanese Army and the UNIFIL" and "falsifying passports and Palestinian refugee cards". These charges, all of which are based on false confessions extracted under torture, risk the death penalty, .
During the trial there was no specific events or actions which he is supposed to have taken part in held against Maher Sukkar, only vague accusations substantiated by false confessions.
Military courts fail to provide the guarantees to a fair trial and tend to issue heavy sentences, including the death penalty. The baffling reality is that Maher Sukkar holds no military position, and the very fact that his trial is based on evidence extracted under torture violates article 15 of the CAT, to which Lebanon has been party since 5 October 2000.