18 March 2010

Lebanon: Maher Sukkar held incommunicado and tortured - risks death penalty in unfair trial

On his way home from class on 18 April 2009, Maher Sukkar, a 29 year-old Palestinian refugee, was arrested by agents of the Information Branch of the Internal Security Forces (ISF) in Sabra, Beirut. He was held incommunicado for a total of 18 days until 6 May 2009. At first held at the ISF Directorate, he was then moved to several detention centers until being brought to the Ministry of Defence in Yarzeh on 28 April 2009. He was then subjected to two days of brutal torture aimed at extracting false confessions from him. He was then kept until 6 May 2009 at Military Police barracks in Baabda to allow the visible traces of torture to disappear. He was finally taken to Roumieh central prison, where he remains today and is currently being tried before Beirut's Military Tribunal.

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.

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