Beirut, 26 June 2024 – On the occasion of the International Day in Support of Victims of Torture, the Lebanese Center for Human Rights (CLDH), in collaboration with the Ministry of Justice, organized a roundtable discussion on Article 47 of the Code of Criminal Procedure and Law 65/2017. This event was funded by the Norwegian Embassy in Beirut through the Geneva Center for Security Sector Governance (DCAF).
Various stakeholders attended the discussion, including the Director General of the Ministry of Justice, security agency representatives, a representative of the United States Embassy in Beirut, DCAF’s project manager, representatives of local and international organizations, representatives of the National Committee for the Prevention of Torture, and lawyers. This event was part of a series of meetings aimed at raising awareness about torture and advocating for necessary legal reforms. The Center underscores that such initiatives contribute to mobilizing support for the protection of torture victims and lobbying to amend laws to prevent future violations.
Lawyer and legal advisor Dr. Issam Sbat moderated the session, stressing the importance of cooperation to achieve justice. The Director General of the Ministry of Justice, Judge Mohammad Mahmoud Al Masri, opened the session, emphasizing that human rights are enshrined in the Lebanese constitution and that no one can be detained or punished without legal grounds. He also expressed hope that this meeting would achieve its intended purpose. Following him, the Coordinator of the Arab Master in Democracy and Human Rights (ArMA) at Saint Joseph University (USJ), Ms. Mayada Abdallah, introduced the program and announced the signing of a cooperation agreement between the university and CLDH. Additionally, during his speech, CLDH’s Executive Director Fadel Fakih highlighted the significance of this international day and the laws that guarantee individuals’ rights in case they are subjected to torture. He also emphasized the fundamental role played by the judiciary and relevant institutions.
Next, DCAF’s Project Manager Norma Kaazan introduced DCAF and the project’s objectives, which include supporting the security sector, enhancing independent oversight, promoting transparency, and working on legal reforms. Moreover, Attorney Farouk Al Moghrabi presented an overview of the research he conducted with DCAF titled “Mapping of Legal Reforms to Improve the Lebanese Regulatory Framework on Prevention of Torture and Other Forms of Ill Treatment”. This study examines the
feasibility of enacting new laws, amending existing ones, and issuing certain executive decrees and administrative decisions.
During the second session, Judge Nazek Al Khatib highlighted the shortcomings of Law 65/2017 on the “Punishment of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”. Her intervention focused on two primary points. First, she noted that the law applies exclusively to official employees and not to parties or gangs, constituting a major loophole. Additionally, the law only penalizes the act of torture and does not punish inaction, which could be exploited as a pretext for mistreating and torturing individuals.
In light of the above, participants agreed on the need to amend Law 65/2017 to address prevalent loopholes. They also highlighted the necessity of expanding the scope of criminalization to include punishing torture at all stages, including before reaching preliminary investigations.
In the next session, Judge Ayman Ahmad emphasized the role of the Ministry of Justice and its ongoing efforts to combat human trafficking through the draft law presented by the Ministry to address gaps in the current legislation. He also highlighted the annual report prepared by the Ministry of Justice on human trafficking, which forms the basis for the United States to classify countries. Thanks to the Ministry’s latest report, Lebanon was able to maintain its ranking and avoid dropping to the third level. Additionally, Judge Ahmad expressed hope that the Lebanese Parliament would implement the amendments and observations proposed by the Ministry of Justice regarding the draft law on torture. These observations were made in alignment with the Convention Against Torture, which Lebanon has ratified.
Attendees proposed several key recommendations, most notably the need to amend the time limitation for torture cases and allocate a budget for purchasing equipment to record preliminary investigations. The duty of law enforcement lies with the relevant authorities, who must ensure that necessary measures are taken to ensure this process. Recording investigations serves as a safeguard for suspects and a means to uphold the integrity of investigations. It also helps the judiciary in promptly and effectively resolving cases.
In the final session, Judge Angela Dagher presented the law on the prevention and punishment of harassment, explaining its gaps and the potential confusion with other laws, such as those punishing indecent acts. She emphasized the need for a deep understanding of this law, particularly due to the ambiguous terms it includes, such as “offensive”, “unwanted,” and “repeated act.”
Furthermore, Attorney Farouk Al Moghrabi proposed the issuance of a government decree specifying the principles for interrogating detainees. Norma Kazan also emphasized the necessity of a guidance manual for implementing Article 47 of the Code of Criminal Procedure and training officers accordingly.
In conclusion, the discussion focused on fundamental legislations that contribute to safeguarding the rights of detainees and prisoners. This discussion enhances cooperation among all parties involved in upholding human rights to achieve a fairer justice system for everyone in Lebanon.
About CLDH:
The Lebanese Center for Human Rights (CLDH) is a local non-profit, non-partisan Lebanese human rights organization. It was founded in 2006 in Beirut by the Franco-Lebanese Movement SOLIDA (Support for Lebanese Detained Arbitrarily). CLDH’s complementary components include advocacy, public mobilization, rehabilitation for victims of torture and families of enforced disappearances, the provision of pro-bono legal services for vulnerable groups regardless of nationality or status, and the organization of capacity building activities to key stakeholders in the human rights field.
www.cldh-lebanon.org
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A Roundtable Discussion Titled “Beyond Testimonies: Advocating for a Fairer Justice for Torture Victims”
