1- ILLEGAL PLACE OF DETENTION

Since the beginning of the judicial political revenge (19 November 1994), the impressive group of lawyers volunteering to defend Dr. Samir Geagea (126 lawyers) never stopped complaining upon the abnormality, illegality and unfairness of his detention at the Ministry of Defense jail. They demanded his transfer to a recognized legal and official jail according to Lebanese law. Supported by the Lebanese Bar association, they boycotted the court sessions without any result whatsoever.

The law that regulates jails in Lebanon is very clear: the Ministry of Defense was not a recognized jail but rather an interrogation torture chamber controlled by Lebanese and Syrian Intelligence Services. When faced with the problem and to the astonishment of everybody, the judicial court (the highest Court in the land) affirmed that the question of the detention place does not fall under its jurisdiction nor is it of its concern.

In an attempt to cover up all the irregularities, torture and illegalities relating to this affair, the Minister of Defense, Mohsen Dalloul took a decision (also illegal) in which he considered that from now on basements of his Ministry are an official place of detention!

The president of the Bar Association of Beirut, Michel Khattar declared that the decision of the judicial court concerning the place of detention was illegal, backing the position of Dr. Geagea’s lawyers. In a public press conference, Mr. Khattar indicated "the Minister of Defense is only authorized to decide upon the place of detention when the person detained is a military personnel or has attacked a military target. In the case of Dr. Geagea, this does not apply".

2- CONDITIONS OF DETENTION

Conditions of detention at the Ministry of Defense are degrading and inhumane. Dr. Geagea has been held in Solitary confinement since April 21, 1994. He is deprived of natural air, sunlight, regular exercises, political and current affairs newspapers, books and magazines: he is not allowed access to any audio-visual material of information, he is often denied medical care when needed and is subjected to sleep deprivation and denied any material (pens and papers) to be used for taking notes in preparation for his defense in the Courts. Dr. Geagea cannot communicate freely with his lawyers. In the meeting room, a large thick glass panel separates him from his visitors; He has to sit down at one end of a large table whilst the other person sits on the other side imposing more than 3 meters of distance between them, forcing them to converse loudly. A soldier attends all interviews, which are filmed and recorded. This setting obviously does not permit any normal meeting with lawyers; despite an authorization for 45 minutes, interviews normally last around a quarter of an hour. No exchange of documents is allowed…it is from within this environment that the lawyers have to prepare their defense.

Mr. Wallerand De Saint Just, lawyer and member of the bar of Paris undertook to defend Dr. Samir Geagea; he tried to alert the judicial court on the great deficiencies and lack of preserving the right of Defense without any result.

Lawyers evoked the question of the right to the daily exercise, knowing that this “privilege” is often reduced to a quarter of an hour or cancelled completely for days.

Even the right to correspond is denied. All tools of writing are forbidden.

It is important to note that the same procedures described above are also applied to the family of Dr. Geagea. Not only do they have to procure an authorization from the prosecutor general every time they want to visit him but occasionally the Intelligence agents refuse them access and ask them to leave and come another time.

On November 16, 1996, the lawyers of Dr. Samir Geagea denounced the process of slow death which he is facing: "the state of health of our client causes concern; we can only believe that there is a desire to take vengeance upon him, his relatives, his sympathizers and all those who share with him his ideals and convictions. It is inconceivable that such a cruel campaign continues against a man who remains faithful to his beliefs, who is courageous in times of hardship and ready to present himself to justice and respect decency and military honor".

It seems quite obvious that there is a predetermined plan to eliminate Dr. Geagea. As long as the process continues in the manner described, the fear persists.

Addressing the judicial court Mr. Issam Karam, ex-president of the Bar Association in Lebanon, denounced the political aspect of the case: "Dr. Samir Geagea had only one of two alternatives, the ministerial portfolio or the jail".