Press report for publication
Lebanon: Where did the complaint of a Syrian refugee torture to death become
Members of the security forces implicated in torture should be brought to criminal courts, not military courts
In follow-up to what was previously submitted by international and regional human rights organizations (“Human Rights Watch”, “The Legal Agenda”, “Amnesty International”, and “MENA for Human Rights”) on September 26, 2022, the International Monitor stresses To Document Human Rights Violations” that the Lebanese judicial and security authorities should refer the investigation of the elements and officers of the “State Security Apparatus” who were involved in torturing a Syrian refugee to death in a horrific manner, from the military court (which is unfair in nature) to the civil penal court.
There have been documented reports that members of a Lebanese intelligence agency, the “General Directorate of State Security” (State Security), tortured the Syrian refugee “Bashar Abdel Saud (30 years)” after his arrest on August 30, 2022.
As a result of this horrific torture, the young man, “Al-Saud”, died on August 31, 2022.
And on September 2, after the media circulated the news of the death of “Al-Saud” and pictures of the visible signs of bruises on his body, the government commissioner at the military court (the military prosecutor), Judge “Fadi Akiki”, ordered the arrest of an officer from the “State Security” and three other elements. Charge them with the crime of torture, and refer them to the military investigation judge, “Najat Abu Shaqra”.
They are currently being investigated by the military judiciary, which lacks independence and credibility and includes judges appointed by the Minister of Defense.
International human rights organizations said in a previous report that (the death of “Al-Saud” while he was in detention at the “State Security” requires a comprehensive and fair investigation before the ordinary criminal court, as the military court cannot do justice to his family).
On September 8, the “Al-Saud” family, with the agency of its lawyer, “Mohammed Sablouh”, filed a criminal complaint about torture in front of the Public Prosecution Office of the Court of Cassation.
However, the cassation public prosecutor, Judge “Ghassan Oweidat” referred the complaint to the Military Prosecutor, in violation of the “Law Punishing Torture” .
On September 15, the victim’s family submitted a new request to refer the investigation file to the criminal court, but Judge “Oweidat” also referred this request to the Military Prosecutor.
In our view, the intentional referral of the investigation to military courts violates international law as interpreted by international human rights treaty bodies.
It also violates Article 15 of “the Lebanese Code of Criminal Procedure” , which stipulates that crimes committed by members of the judicial police while carrying out their duties as assistants to the Public Prosecution are subject to the jurisdiction of the judicial judiciary alone.
The Lebanese Law on the Punishment of Torture No. 65/2017 stipulates in its compelling reasons that the ordinary judicial judiciary alone has the “power to prosecute, investigate and prosecute” torture crimes, “excluding any other exceptional criminal courts.”
During discussions on a draft law punishing torture in the House of Representatives in September 2017, representatives agreed that there was no need to explicitly mention this in the law, given the provisions of Article 15 of the Code of Criminal Procedure.
The aforementioned human rights organizations said in their reports that the jurisdiction of ordinary criminal courts over complaints of torture is a basic guarantee of fair remedy rights for victims of crimes under international law, such as “torture” or human rights violations.
The structure of the military judiciary in Lebanon and the legal procedures followed before it mean that members and officers of the security forces will not be prosecuted in front of a competent, independent, and impartial court.
Also, most judges in military courts are officers from the military and security apparatus, appointed by the Lebanese Minister of Defense, and are not required to have a law degree or legal training.
In addition, human rights organizations and the media cannot follow up on military trials without the prior permission of the judge presiding over the sessions, and in most cases any follow-up request or monitoring of the integrity of the investigation or trial is rejected.
In addition, the Code of Military Justice does not allow victims to be a party to the trial, but rather potential witnesses at best.
In a statement by a member of the “Al-Saud” family that he submitted to the aforementioned human rights organizations, who said: At about 8:00 p.m. on August 30, 2022, six or seven “security” officers dressed in military uniforms arrested “Bashar Abdel-Saud” from his home in the “Shatila Camp” in the Lebanese capital, “Beirut”, without announcing the party to which they belong or the reason for his arrest, or presenting a judicial arrest warrant or an order from the Public Prosecution.
The family’s lawyer, “Muhammad Sablouh” also confirmed that “Al-Saud” was not allowed to contact his family or the presence of a lawyer during his interrogation, which is a violation of his rights to due legal procedures under international law and the Lebanese Code of Criminal Procedure.
A member of the “Al-Saud” family also confirmed that they did not know the whereabouts of “Al-Saud” until he received a call on September 3, 2022 asking them to collect his body from the “Tebnin Governmental Hospital” in southern Lebanon.
Reports indicated that the Lebanese security authorities had transferred “Al-Saud” to the “Nabatiyeh Governmental Hospital” in southern Lebanon at about 7 am on August 31, where the forensic report which was reviewed by human rights organizations, concluded that “Al-Saud” died as a result of ” The central nervous system was terminated as a result of the severe pain and suffering that befell him after he was subjected to violence and severe beatings, which eventually led to a cessation of the work of the heart and blood circulation.
The forensic report also stated that the doctor found “blueness, redness, and severe bruising swelling in the head from the left ear and neck, a bleeding wound on the right side of the lower lip, blood residue in the nostrils, burn marks in several parts of the body, and many signs indicating the use of A whip or electric wire in the upper extremities, back, chest, abdomen and lower extremities in all directions up to the feet, and signs of bruising and swelling in the testicles.
Photos and a video clip of Al-Saud’s corpse, seen by human rights organizations, confirm the forensic report, and show large parts of his corpse covered in bruises, skin marks, wounds, and burns.
The “International Observatory for Documentation of Human Rights Violations” looks with great concern at the spread of cases of torture in the basements of the Lebanese security services, and joins its voice to human rights organizations by saying that the horrific pictures of “Al Saud” corpse covered with bruises and wounds should be a strong message to the Lebanese authorities that they must act Much more to combat torture in detention.
The “Observatory” stresses that those responsible for the torture and death of “Al Saud” and all those involved in torture crimes must be brought to justice in fair, transparent and public judicial procedures, and the Lebanese authorities must seriously investigate complaints related to torture crimes and respect the jurisdiction of the judicial judiciary in them.
The “Observatory” also calls on international organizations concerned with the protection of human rights to develop a joint action strategy that contributes to the prosecution of those involved in torture crimes in all countries of the world before international criminal justice.
The report is over.
International Observatory for Documentation of Human Rights Violations
/Media Section
Argentina – Buenos Aires
05/01/2023
(The International Observatory for Documenting Human Rights Violations), is an independent Argentine international center, registered in accordance with the laws of the Republic of Argentina, as a non-governmental, non-profit organization, working with the aim of defending human rights and documenting violations around the world. It was established on the tenth of December 2015, and obtained the license Official from the Argentine government in the year 2021. The members of the observatory cover their activities in 64 countries.
We are a team of people who are interested and believe in the protection of human rights, in all countries of the world, especially in countries where defenders are subjected to the most severe direct targeting campaigns.
