23 July 2010

Lebanon: Human Rights Groups Call for Draft Torture Law Approval

On Thursday 22 July 2010, in an open letter addressed to the Lebanese Minister of Justice, Dr. Ibrahim Najjar, Lebanese and International Human Rights NGOs appealed for an urgent approval of a draft law for the establishment of the National Preventative Mechanism (NPM), in accordance with the Optional Protocol of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The signatories called on the Lebanese authorities to take the necessary measures to put an end to the practice of torture and other cruel, inhuman or degrading treatment or punishment in detention centers, prisons, and psychiatric institutions, and to comply with all their international obligations accordingly.

The signatories asked for a speedy review of the proposed draft law to create an independent NPM, in order to prevent torture. The draft law was submitted by a designated committee of the Ministry of Justice, pursuant the decision 2036 issued by the Ministry on 20 June 2009. This decision paved the way for the formation of a committee comprised of officials, independent experts, and representatives of NGOs, who would subsequently draft the law.

The designated committee held several consultative meetings, and submitted the draft law on the 30 September 2009, to the Minister of Justice. Since then, no legal action has been taken by the Lebanese Government to establish an NPM according to the provisions of the OPCAT, to which Lebanon acceded on 22 December 2008. Various cases documented by the signatory organisations provide evidence proving that the security officials and other non-state actors are still practicing torture and other cruel, inhuman, or degrading treatment or punishment.

Although Lebanon is a party to the relevant international human rights instruments; the Lebanese laws have failed to abolish torture, since the definition of torture, according to Art.1 of the UN Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), is still missing from the Lebanese legislation.

In the letter addressed to the Minister of Justice, the signatory NGOs requested that he:

· Incorporate the provisions of the UNCAT into the domestic laws according to article 4 of the Convention

· Modify the penal law so as to explicitly criminalize all forms of torture, and not just physical torture

· Increase the punishment of torture crimes; currently 3 years imprisonment

· Include the definition of torture into the Lebanese legislation as provided by the first article of the UNCAT.


The NGOs have called upon the Lebanese government to present its periodic reports to the United Nations Treaty Bodies, most importantly its initial report to the Committee Against Torture (CAT) in accordance with article 19 of the UNCAT. They also recommended that independent investigations be conducted into allegations of torture, according to articles 12 & 15 of the UNCAT.

The UNCAT came into force on 26 June 1987, while Lebanon ratified it on 5 October 2000 under law 185. Despite its ratification, the provisions of the convention have not been put into force. Now more than seven years overdue, the Lebanese Government has failed to present its initial report to the Committee against Torture.

The signatory NGOs request that the Lebanese government officially recognise the competence of the UN Committee against Torture in cases of individual complaints of human rights violations.

The signatories of the open letter are:

Restart Center for the Rehabilitation of Victims of Violence and Torture - Restart Center

Frontiers Ruwad Association- Frontiers

Lebanese Center for Human Rights - C.L.D.H

ALEF- Act for Human Rights

Alkarama Foundation (ALK)

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