Amnesty International
Lebanon
Covering events from January - December 2003
Scores of people, including prisoners of
conscience, were arrested, many of them arbitrarily. Most were
released within hours or days. Many were Islamist activists held in
connection with alleged "terrorism"; some were held for alleged
"collaboration" with Israel. Scores of civilians were tried before
military courts, whose procedures fall short of international
standards for fair trial. Curtailments of the activities of human
rights defenders increased and there were restrictions on freedom of
expression, but generally a high level of human rights debate and
activity was allowed. There were reports of torture and
ill-treatment of detainees; none was known to have been
investigated. At least three people were sentenced to death; the
de facto
moratorium on executions – in force for five years – appeared
fragile at the end of the year.
Background
Prime Minister Rafiq al-Hariri submitted the
resignation of his government to the President in April. However, he
stayed on as Prime Minister and formed a new cabinet with minor
ministerial changes.
Major amendments were proposed to the Penal Code
by the parliamentary justice committee. Human rights activists led a
vigorous campaign against the proposals. If adopted, they could lead
to serious restrictions on freedom of association and expression, and
further erode the rights of women.
There were wide and lively discussions within
the community of non-governmental organizations (NGOs) and human
rights groups on issues of human rights and freedoms. Women's rights
and violence against women were the subjects of media discussions as
well as several national and regional meetings held in Lebanon during
the year. In October, the Minister of Justice reiterated the
commitment of Lebanon to make its legislation compatible with the UN
Women's Convention, which Lebanon ratified in 1996.
Thousands of Syrian troops were redeployed
within Lebanon or back to Syria during the year. There were mixed
reactions among Lebanese political circles to the Syria Accountability
and Lebanese Sovereignty Restoration Act, which was adopted by the US
Congress in November (see
Syria entry). Exiled opposition leader
General Michel Aoun, who testified before the US Congress on the draft
Act, was charged by the Lebanese authorities in November with harming
relations with a friendly state (Syria), among other offences.
Violence against women
Lebanese women's groups stepped up their
campaigns against violence against women, such as "honour killings"
and domestic violence including rape. Grave concerns were expressed by
human rights activists and women's groups about the proposed revisions
of the Penal Code. They feared that the revisions would further
enhance the subjugation of women and perpetuate a culture of impunity
for family crimes as the proposed Code would still allow for reduced
sentences for men and women who commit murder in "honour crimes", and
for women who kill their children born out of wedlock.
Unfair trials before military courts
Trials before military courts continued to fall
short of international fair trial standards.
- On 6 May, Muhammad Ramiz Sultan, Khaled 'Umar
Minawi, 'Abdallah Muhammad al-Muhtadi and a Saudi Arabian national,
Ihab Husayn Dafa, were sentenced by the Military Court to three
years in prison with hard labour for vaguely defined "terrorist"
offences. Khaled 'Umar Minawi was reportedly tortured in 2002 while
held at the Ministry of Defence detention centre at al-Yarze. There
was no known investigation into the allegation.
- On 20 December, Khaled 'Ali and Muhammad
Ka'aki were reportedly sentenced to 20 years' imprisonment by the
Military Court for planning to bomb US and other "Western" targets
in the country. The defendants were believed to be leaders of an
alleged "terrorist" organization suspected of planning attacks on
fast food restaurants in Lebanon between the second half of 2002 and
April 2003. Sixteen co-defendants in the case received prison
sentences ranging between two months and 12 years. Some of the
accused alleged in court that they had broken ribs as a result of
torture; no investigation was ordered by the court. There were
concerns that all were convicted as a result of "confessions"
extracted under torture. Eight others were acquitted; all had spent
eight months in pre-trial detention and were reportedly tortured.
Harassment of human rights defenders
Many human rights NGOs continued to operate
freely, but there was an increase in harassment of human rights
defenders with the aim of curtailing their rights to freedom of
expression and association.
- Muhammad al-Mugraby, a lawyer and human
rights defender, was arrested on 8 August for "impersonating a
lawyer" and held for three weeks in Beirut. He was released on bail
on 29 August. He had criticized sections of the judiciary and the
Beirut Bar Association, and called for reforms of both. In January,
the Beirut Bar Association had struck his name off the Association's
register in absentia.
However, the decision should become final only after appeal, which
had yet to be concluded by the end of the year.
- Samira Trad, director of Frontiers, a
human rights organization that defends refugees and marginalized
people in Lebanon, was detained overnight on 10 September and
questioned by the General Security about Frontiers' work and the
legality of the organization. She was charged under Article 386 of
the Penal Code with "harming the honour and integrity" of the
Lebanese authorities, which carries a sentence of up to one year's
imprisonment. The Director of General Security told AI
representatives that Samira Trad did not follow proper legal
procedures in notifying relevant government authorities about the
formation and activities of Frontiers.
Restrictions on freedom of expression
Lively and critical debate continued in the
media, but there were some incidents of restriction of the freedom of
the press and publication.
- Adonis Akra, a philosophy professor, was
forced to cancel a book-signing ceremony for the launch of his
prison memoirs after being detained for seven hours. Several hundred
copies of his book were seized and the authorities ordered the
closure of the book's publishing company Dar al-Tali'ah.
- Tahsin Khayyat, the owner of a private
television channel, NTV, was detained by military police for a day
in December for allegedly having links with Israel. He was released
without charge. NTV, other media organs and some politicians
protested against his arrest, saying it was an attempt to exert
pressure on the television channel. NTV had been banned from
broadcasting at least once during 2003 apparently after airing a
program about US military bases in Saudi Arabia.
Update
- In April, the Court of Cassation turned
down appeals against a previous ruling to close down the
opposition-oriented television station MTV and its sister radio
station, Radio Mont Liban,
for allegedly broadcasting unlicensed election advertisements. This
followed an eight-month legal battle over an alleged contravention
of Article 68 of the Parliamentary Election Law which revealed major
errors in the legal process, suggesting that the closure was
politically motivated.
Torture and ill-treatment
Torture and ill-treatment continued to be
reported. The authorities refused to allow the International Committee
of the Red Cross (ICRC) unfettered access to all prisons, especially
those operated by the Ministry of Defence where civilians are held.
This was despite a presidential decree in 2002 authorizing the ICRC
such access. In October, at least one member of parliament, Saleh
Honein, demanded a parliamentary investigation into why the ICRC was
not allowed access to military prisons.
- On 17 January security forces reportedly
used batons and tear gas in closed areas against 17 detainees
refusing to attend a court hearing. Ihab al-Banna and Sa'id Minawi
needed hospital treatment for serious injuries. The 17 detainees,
all held in Rumieh Prison in connection with clashes with security
forces in the Dhinniyyah plateau in February 2000, were subsequently
held in solitary confinement as punishment. However, in July the
Public Prosecutor allowed the detainees to have access to facilities
to practise religion, to exercise outside their cells and to grow
beards.
- Husayn Ahmad al-Qarahani, who was
acquitted in December of involvement in the bomb attacks on US
restaurants, and earlier of the June attack on
al-Mustaqbal
TV station, stated that he was one of a number of detainees tortured
while held incommunicado at the Ministry of Defence detention centre
in al-Yarze. He told the Military Court in October that the
ballanco
method of torture (hanging by the wrists which are tied behind the
back), and beatings were used against him and other detainees,
apparently aimed at coercing them to "confess". No investigations
were known to have been carried into his allegations or into other
cases of torture reported in 2003.
Government responses
In September, in response to AI's reporting of
alleged ill-treatment of detained foreign nationals, the government
stated that foreign detainees were being treated well and in
accordance with international standards. The same month the government
criticized AI's report on the Dhinniyyah detainees (see below) for
relying on "untrustworthy sources", and rejected the report's
allegations of torture and lack of legal safeguards. AI remained
concerned that no independent judicial investigation had yet been
ordered into the alleged torture and ill-treatment of the Dhinniyyah
detainees.
Death penalty
At least three people were sentenced to death. A
de facto
moratorium on executions since 1998 continued, but appeared under
threat in December when it was reported that the President might soon
sign the execution papers for 27 or more people convicted of murder in
previous years.
Civilian killings
Civilians were victims of what may have been
direct or indiscriminate attacks.
- Five-year-old 'Ali Nadir Yassin was killed
on the night of 6 October when a missile apparently fired at Israeli
military forces struck his family's house in the southern village of
Hula. The UN Interim Force in Lebanon (UNIFIL) said the missile was
a Katyusha, a type typically used by Lebanese resistance groups.
Hizbullah
(Party of God), the Islamist group which occasionally launches
attacks on Israeli forces stationed in the Israeli-occupied Sheba'a
Farms territory, denied any connection with the killing.
- On 9 December, student Mahmoud Hadi and
mechanic Khodr 'Arabi were shot dead in their car by Israeli troops
near the village of Ghajar, which is split between Lebanon and the
Israeli-occupied Syrian Golan Heights.
Refugees
Palestinian refugees
Palestinian refugees continued to face
systematic discrimination, including wide prohibitions on the rights
to work and own property, and on the freedom of movement. Draft
legislation submitted to parliament to lift the ban on Palestinians
owning property was withdrawn in October by the Parliamentary Speaker.
Other refugees
There were concerns that convoys organized by
the Lebanese authorities to return Iraqis on a voluntary basis to Iraq
may have included refugees and asylum-seekers who believed they were
at risk of serious human rights violations if returned. A Memorandum
of Understanding was signed in September by the Lebanese government
and the UN High Commissioner for Refugees (UNHCR). It was seen to
represent an important step in formalizing UNHCR's role in the
protection of refugees and asylum-seekers in Lebanon.
However, there were concerns expressed about the
Memorandum, including that it denies asylum-seekers access to refugee
status determination procedures after a certain time limit, thereby
excluding some people who need protection from being able to access
it.
AI country visits
AI delegates visited Lebanon in May/June. They
participated in a regional conference on violence against women,
investigated the situation of Palestinian refugees and other human
rights issues, and met government officials, local human rights
organizations and lawyers. Other meetings with government officials
took place in October.
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