25 April 2012

Lebanon: Arbitrarily detained Mahmoud Al Adawi at high risk of torture

Mahmoud Al Adawi was arbitrarily arrested on the orders of a judge at the Beirut military court on Monday, 23 April 2012. He is currently held at Al Qubba prison in Northern Lebanon, where he was brought the day following his arrest. Alkarama fears that he is at high risk of torture.

On Friday, 20 April 2012, 32-yaer-old Mr Al Adawi received summons ordering him to appear at the military court in Beirut on Monday, 23 April 2012, as a witness on a case. It was not specified what kind of case he was to be questioned about.

As requested, Mr Al Adawi went to the military court of Beirut in the presence of his lawyer on Monday, 23 April 2012. There, he learned that he was to be questioned regarding a prison break attempt from Roumieh prison, where he had been in the context of his work to assist prisoners and their families. Mr Al Adawi's lawyer was asked to wait outside the room while he was questioned by the investigative judge. At first, Mr Al Adawi was interrogated in as a witness, but the investigative judge then decided to open an investigation against Mr Al Adawi and charged him with facilitating an attempted escape. Mr Al Adawi was then interrogated as a defendant and immediately arrested.

On the evening of 23 April 2012, Mr Al Adawi's relatives tried to visit him, but were not allowed to do so. The next day, they learned that he had been transferred to Al Qubba prison in Tripoli, Northern Governorat, Lebanon in the early morning hours of 24 April 2012.

Mr Al Adawi was not given the possibility of asking his lawyer for assistance while being questioned, charged and arrested even though the latter was waiting just outside the room where his client was being interrogated. In addition, Mr Al Adawi is being investigated by a military jurisdiction and not a civilian court.

Given the accounts of frequent use of torture against detainees in Lebanon, especially of defendants before military courts, Alkarama fears that Mr Al Adawi is at high risk of torture. Therefore, we today informed the UN Special Rapporteur on Torture as well as other relevant UN Special Procedures of Mr Al Adawi's arbitrary arrest and requested their urgent intervention with the Lebanese authorities.

Alkarama calls on the Lebanese authorities to ensure that Mr Al Adawi be granted full and effective legal safeguards while in detention to guarantee that he is not submitted to any act of torture and other cruel, inhuman or degrading treatment or punishment. We further urge the Lebanese authorities to respect international norms relating to fair trial and end the practice of referring civilians to military courts.

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