12 April 2010

Lebanon: FREED - Fabi Sabunah released on 31 March 2010

On the evening of 31 March 2010, Lebanese authorities released Fadi Sabunah after nearly two years arbitrary detention. The investigative judge responsible for case related to the events that occurred in the Nahr Al-Bared refugee camp in 2008. During his 18 month detention, Fadi Sabunah was detained incommunicado and tortured for 35 consecutive days. He was then subsequently interrogated and tried by both civilian and military judges. He was accused of belonging to a terrorist cell responsible for attacks which targeted army units in Al-'Abda in the north of Lebanon, in May 2008, and in Tripoli between August and September 2008.

The investigative judge responsible for the case regarding the attacks on army units in Al-'Abda and Tripoli on 20 October 2009, had earlier referred Fadi Sabunah to the military court, after he halted Fadi Sabunah's trial due to a lack of judicial competence and jurisdiction.

The transcripts of interrogations were then handed over to the military judicial authorities, which then issued an indictment and instigated a trial before the military court, although the accused was in no way related to the military.

Subsequently, the Permanent Military Court based in Beirut announced on 25 February 2010 that it is not competent enough to judge Fadi Sabunah and a number of other individuals involved in the same case, and stated that the accused belong to the Fatah Al-Islam organisation which is alleged to be responsible for the events on the Nahr Al-Bared camp, and whose members are thus referred to the Justice Council for trial.

Alkarama submitted Fadi Sabunah's case to the Special Rapporteur on Torture on 26 January 2009, asking him to intervene in the case of Fadi Sabunah, who was arrested on 5 October 2008, and remained in secret detention for 26 days. During the period of detention, he was subjected to torture with the aim of extracting confessions.

Fadi Anwar Sabunah is 23 years old and a resident of Tripoli. On 5 October 2008, the Committee for the Palestinian Collective Security agency of the Al-Badawi refugee camp in the north of Lebanon arrested Fadi Sabunah, without a court warrant. He was then handed over to intelligence agencies of the Lebanese army, where he remained in secret custody for 35 days, and was subjected to torture with the aim of extracting false confessions.

It is important to note that this does not represent an isolated case in Lebanon. Numerous similar incidents led to Alkarama to requesting interventions from the Special Rapporteur on Torture.

Alkarama would like to remind the Lebanese authorities of their obligations in accordance with the Convention Against Torture, ratified in October 1989. Alkarama also appeals to judges to ensure that any statements made under torture are not taken into account and used as proof in any proceedings.

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