24 September 2015

Lebanon: Arrested for reporting rape in Lebanese detention center

Layal al-Kayaje Layal al-Kayaje www.sma-syria.com

The signatory organizations call upon the Lebanese judiciary to act on the case of Layal al-Kayaje, a veterinary clinic employee from Saida, who was summoned for investigation on September 21, 2015 by Lebanese army intelligence in Saida, Lebanon, following her statements on alleged torture and rape during detention.

Layal was summoned for investigation two weeks after NOW News published a report on her alleged rape and torture during detention. According to the article, Layal stated that she was arrested for five days in 2013 at the Ministry of Justice and Rihaniyyeh, where she was not allowed access to a lawyer or contact with her family. Layal also affirmed being raped by her investigators.

Layal notified NGOs on September 21 that she had been summoned to the Lebanese army intelligence branch in Saida. Both her family and the human rights organizations were unable to receive any answers about her whereabouts. Such acts fall under incommunicado detention since authorities have actively concealed information regarding Layal's detention, and in so doing effectively deprived her of her right of access to a lawyer to challenge the arrest or detention before an independent judicial authority. Layal was also forbidden to contact her family.

Coercively denying a detainee communication with the outside world is not only a violation of Lebanese laws but would also amount to a violation of international human rights law guarantees protecting the liberty and dignity of a suspect. On the evening of September 22, a statement by the military command reported that her summon on September 21 is justified under charges of defamation and libel against the Lebanese army.

The signatory organizations call on the judicial authorities to open impartial and independent investigations with regard to the detention of Layal and previous allegations of torture and hold those responsible criminally accountable. The signatory organizations stress that investigations and proceedings have to be conducted by an independent and impartial judicial authority. All charges brought against Layal must be conducted respecting the guarantees of fair trial promulgated by national and international legal obligations.

The signatory organizations

ALEF – Act for Human Rights
ALK- Alkarama Foundation
Badael Alternatives
Lebanese Institute for Democracy and Human Rights – LIFE

 

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015