12 October 2015

Lebanon: Detention and Risk of Trial before Military Court for Having Denounced Rape by Military Officers

Layal al-Kayaje in front of the border between Lebanon and Israel Layal al-Kayaje in front of the border between Lebanon and Israel

On 9 October 2015, Alkarama sent an urgent appeal to the United Nations Working Group on Arbitrary Detention (WGAD) on the case of Layal al-Kayaje, detained since her summon for investigation by the Lebanese Military Intelligence in Saida, on 21 September 2015, shortly after she denounced having been tortured and raped by military officers during her detention in 2013.

A 31-year-old Palestinian resident in the port city of Saida, in the South Governorate of Lebanon, and former owner of a veterinary clinic, Al-Kayaje was in fact detained from 17 to 20 September 2013, for alleged "chats on social media that hurt the military institution and a number of politicians" with reference to her Facebook support to Ahmad al-Assir, a radical Sunni cleric from Saida.

In an interview published on 4 September 2015 on NOW News, al-Kayaje denounced having been raped by members of the Military Intelligence during her detention at the Military Police Barracks in Rihaniyyeh in September 2013. In retaliation, On 21 September 2015, she was summoned by the Military intelligence in Saida and transferred to the premises of the Ministry of Defence in Yarzeh near Baabda in the Mount Lebanon Governorate. There, she was detained in secret for two days in inhumane conditions, interrogated and forced to sign a statement according to which she "invented the rape allegations." On 23 September 2015, she was transferred to the women detention centre in Barbar Al Khazen prison where she is currently detained.

On 24 September several NGOs including Alkarama issued a joint statement calling upon the Lebanese judiciary to open an impartial and independent investigation into the rape allegations, a call that remains unanswered to date. In fact, on 29 September 2015, al-Kayaje was presented to the investigating judge of the Military Court who confirmed her arrest, detention and the charges of "defamation and libel against the Lebanese army," without considering her torture allegations. Another hearing by the Military Court formally indicting Ms al-Layaje is expected to take place this week.

"It is alarming to note that the judicial authorities allowed the detention of al-Kayaje for having merely spoken out about her rape, allegations that are consistent with the findings of the Committee against Torture in its enquiry on Lebanon – which documented numerous credible allegations of torture in police stations and other detention centres under the authority of the Internal Security Forces (ISF) and the Military Intelligence," states Rachid Mesli, Legal Director at Alkarama, recalling that "the judicial authority should instead open a proper, impartial and independent investigation into any allegations of rape."

Alkarama therefore wrote to the Working Group on Arbitrary Detention (WGAD) demanding its urgent intervention to ask the Lebanese authorities to immediately release al-Kayaje and requesting them to open an investigation into her allegations of rape and torture during her detention by the Military Intelligence. Should she be subjected to an inquiry and prosecution, all the due process guarantees must be upheld.

Alkarama also calls upon the Lebanese authorities to implement the Recommendations issued by the Committee against Torture following its inquiry on Lebanon and especially to:

  • Adopt effective measures to ensure that all detainees enjoy in practice all fundamental legal safeguards;
  • Establish a list of independent doctors trained to conduct medical examinations in cases of allegations of torture and bring it to the attention of all legal professionals and
  • Undertake in-depth investigations into all allegations of torture and ill-treatment.

For more information or an interview, please contact the media team at This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1008).

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