01 November 2010

Lebanon: Continued Practice of Torture by Security Forces

On 1 November 2010, Alkarama submitted seven new cases of torture in Lebanon to the newly appointed Special Rapporteur on Torture Mr. Juan Méndez. These seven cases took place between 2006 and 2010. All of these allegations are related to very young victims: one was 17 at the time of the violation and all were under 25. The victims include individuals accused of links to terrorist cells, but also one charged with common criminal accusations.

The allegations involve members of the Information Branch of the Internal Security Forces (ISF) and members of the Military Intelligence. These cases confirm the locations at which torture is practiced stated in our report on Torture in Lebanon. It includes police stations and temporary detention centers but notably the Ministry of Defence in Al Yarze, Beirut and the Headquarters of the Information Branch of the ISF in Beirut are again mentioned as primary locations for torture.

The methods of torture are consistent and demonstrate a clear objective to the torture - the aim was to force the signing of confessions which are then used in court against these individuals.

Alkarama requested that the Special Rapporteur call on the Lebanese authorities to abide fully to its international obligations under the CAT. Alkarama also called on the Special Rapporteur to encourage the Lebanese government to ensure that it presents its initial report to the Committee Against Torture (today 9 and a half years late) and that it promptly establish the National Protective Mechanism (today nearly 1 year late) as required by the Optional Protocol of the CAT, ratified by Lebanon in December 2008.

Following are a summary of three of the cases submitted to the Special Rapporteur on Torture:

1. Mohammad Osman Zayat, 21 year old Lebanese national, tortured in 2010

Mohammad Osman Zayat (زيات محمد عثمان), a 21-year-old Lebanese national working in the domain of the Alternative Medicine, usually residing in Tripoli, Northern Lebanon, was arrested from "Al Bronch" internet café on Al Mina central street in Tripoli on 24 June 2010 by members of the Information Branch of the ISF in civilian clothing. The agents did not show any judicial arrest warrant and did not even give their identity, meaning that Mr Zayat tried to defend himself from the abduction. He was therefore severely beaten for an hour at the internet café by the plain-clothed agents.

Mr Zayat was then taken to the Palais de Justice in Tripoli, but quickly transferred to the Information Branch headquarters in Beirut where he was detained for 48 days. On 11 September 2010, he was briefly brought to the Military Court before being brought to Roumieh central prison in Beirut, where he remains today.

During his detention in the Information Branch headquarters in Beirut, Mr Zayat was subjected to repeated torture sessions during which he was kept hooded, in order to protect the identity of the torturers. He was forced to stand in stress positions and was beaten, punched and kicked all over his body. He was pulled around the interrogation room by his hair and electrocuted on the sensitive parts of his body.

Mr Zayat was forced to sign confessions which most likely will be used against him in court. He still, at the date of this communication, and remains detained in Roumieh Prison, Beirut.

2. Abdul Karim Al Mustafa, 24 year old Lebanese citizen tortured in 2008

Abdul Karim Al Mustafa (عبدالكريم المصطفى), a 24 year old (at the time of the violation) Lebanese teacher at the Institute for Communication Networks, usually residing in Bebnin, Akkar, North Lebanon was arrested on 12 October 2008 by Military Intelligence in civilian clothes at the Military Intelligence center in Al Quba after being summoned there. He was beaten and mistreated during the arrest, no judicial warrant was shown and no reasons for his arrest were given.

Mr Mustafa was detained at the hands of the Military Intelligence in Al Quba for four days, and then transferred to the Ministry of Defence in Yarze for 10 days. He was then presented before the Military Court in Beirut, and held here for 7 days before being moved to the Military Police barracks in Rihaniyya for 20 days. He was finally moved to Roumieh prison in Beirut on 24 November 2008, where he remains detained to date. During the entire period until his transfer to Roumieh (41 days), Mr Mustafa was detained without any contact with the outside world, without access to a lawyer and subjected to repeated and serious torture.

He was held blindfolded and handcuffed during most of this period and was repeatedly beaten, punched and kicked over his whole body. During the first days of his detention, Mr Mustafa was not allowed to use the toilet and he was not given anything to eat or drink. Repeatedly over the 41 first days of his detention, the Military Intelligence officers tortured him using the "Farouj" method (see above - section 3.1.3) and electrocuted him on his most sensitive parts. They also threatened to bring his father and mother to see him be tortured.

Mr Mustafa was tortured until he signed confessions which he was not even allowed to read. These confessions were then used as evidence against him in court where he is accused of having links to a cell responsible for attacks on the Army in Tripoli in August and September 2008. Following the request by his lawyer, Mr Mustafa was examined by a doctor, and the medical report (attached) clearly states that signs of torture were evident.

3. Mohamed Reda, 23 year old Lebanese citizen, tortured in 2008

Reda Mohamed Taymour Mohamed (رضا محمد تيمور محمد), a 20 year old (at the time of the violation) Lebanese student of Business Marketing usually lives in Chtaura, Beka'a, east Lebanon. He was arrested on 1 January 2008 when he was summoned to the Judicial Police center of Zahle in the Beka'a, in the framework of a criminal investigation about the murder of an employee of a shop in Al Masnah, on the Syrian Lebanese border. He was held incommunicado in the center for 30 days, including 19 days in solitary confinement before been transferred to Roumieh Central prison.

During these 30 days Mr Mohamed was repeatedly tortured and subjected to humiliating and inhuman treatment. He was punched, kicked and beaten with a sharp object. He was hung naked and subjected to the "Ballanco" method of torture (See above - section 3.1.2) and the "Faruj" method (see above - section 3.1.3). Reda Mohamed was also subjected to the method of torture known as "Besat Al Rih" - the "wind carpet" - where the victim is tied to a piece of wood of human shape and is whipped and beaten. He also had his fingernails pulled off.

The torture aimed at forcing Reda Mohamed to sign confessions which were then used against him in his trial before the Criminal Court in Beirut. When Mr Mohamed's lawyer brought up the torture allegations before the court on 20 October 2009, the judge ordered an investigation. However, more than a year later, this investigation has not lead to the prosecution of those responsible.

Mr Mohamed remains detained in Roumieh Prison where he has had to undergo intensive medical treatment as a result of the torture he was subjected to. We submit in attachment two medical reports which detail the results of the torture which Mr Mohamed was subjected to.

Alkarama will continue to follow these cases and inform the Special Rapporteur regarding the practice of torture in Lebanon.

Qatar - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

No

Convention against Torture (CAT)

CAT: Accessed on 11.01.2000
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Due on 23.11.2016 (3rd)
Last concluding observations: 25.01.2013

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

No

Universal Periodic Review (UPR)

Last review: 05.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

National Human Rights Committee (NHRC) – Status A

Last review: 10.2010
Next review: 11.2015