01 December 2010

Lebanon : Lebanese refugee risks torture following forced return from Bulgaria

YousefKayed
Youssef Kayed

Alkarama has learned of the forced return of Mr Youssef Kayed from Bulgaria to Lebanon last Saturday, 27 November 2010, where he risks torture and ill-treatment at the hands of the Lebanese authorities.

Mr Kayed, 39 years old, and a mechanic, was living in Lebanon before leaving to seek refugee status in Europe after suffering persecution in Lebanon. While his first request for asylum in Bulgaria was rejected, Mr Kayed was in the process of appealing the decision in November 2010 on the basis that he would face torture and ill-treatment upon forced return to Lebanon. On 27 November 2010, without warning and before getting any decision concerning his appeal, Mr Kayed was returned to Lebanon alongside two other individuals.



The three individuals were immediately arrested upon arrival at Beirut International Airport by forces from General Security. Mr Kayed did not have time to inform his family of his forced return or arrival in Lebanon, but his arrest was witnessed by several people. While they were extremely concerned at this turn of events, his family remained unaware of his place of detention until today, when Mr Kayed was confirmed to be in detention at the General Security Retention Centre in the Adleyah District of Beirut.

The forced return of Mr Kayed by Bulgaria constitutes a violation of article 3 of the Convention Against Torture, to which Bulgaria is party. This article states that no-one may be returned to a country where they may be at risk of torture. Mr Kayed and his lawyer had clearly expressed their fears that he may face torture if returned to Lebanon, which the Bulgarian authorities appear to have ignored.

Alkarama fears that Mr Kayed may be at risk of torture and ill-treatment by the Lebanese authorities. The retention centre where he is detained is notorious for the terrible conditions of detention. Most importantly, Mr Kayed had previously suffered persecution in Lebanon prior to his departure, and other members of his family have also been targeted. This persecution includes several legal proceedings against him, including in 2005, prosecutino, in absentia, before the military court of Lebanon in 2005. This is in contradiction with international fair trial norms as Mr Kayed is a civilian and does not hold any military position or status. Torture and ill-treatment are rampant in Lebanon, as Alkarama set out it its 2009 report Torture in Lebanon: Time to break the Pattern.

In view of these fears, Alkarama submitted Mr Kayed's case to the Special Rapporteur on Torture in the form of an urgent appeal.

Furthermore, in view of Lebanon's national and international obligations in the matter, Alkarama urges the Lebanese authorities to refrain from submitting Mr Kayed to any torture or ill-treatment. We also ask that he be allowed regular contact with his family and that his detention be in conformity with the international Standards Minimum Rules for the Treatment of Prisoners adopted by the UN General Assembly in 1957.

Alkarama will remain seized of this case and will continue to provide information to the United Nations regarding Mr Kayed's situation.

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