Lebanon: Major Human Rights Violations to be Adressed at Universal Periodic Review

On 23 March 2015 Alkarama will submitt its report on Lebanon's human rights record to the Human Rights Council (HRC) in view of Lebanon's Universal Periodic Review (UPR) on 3 November 2015. Alkarama raised key issues such as the widespread use of torture, the recourse to arbitrary detention as well as violations of fair trial rights. Alkarama's report also points out the lack of implementation of several recommendations issued on the first UPR and accepted by Lebanon.

Despite being party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) and its Optional Protocol (OPCAT), torture is still widespread in Lebanon. In October 2014 following an inquiry based on a report by Alkarama, the Committee against Torture (CAT) concluded that torture was "a pervasive practice that is routinely used by armed forces and law enforcement agencies for the purpose of investigation." In addition, the county's legislation still has a vague definition of torture and does not provide for appropriate penalties, contributing to a general climate of impunity.

Alkarama also denounces the resort to pre-trial detention, especially during major security crises, such as during the months coinciding with armed clashes in Tripoli and Arsal in 2014. Pre-trial detention can last several years and Lebanese law even authorises unlimited periods of pre-trial detention for alleged "offences against state security" and "crimes of terrorism".

Additionally, several violations of the rights to fair trial currently occur in Lebanon. Practices such as incommunicado detention, the denial of access to a lawyer before trial to prepare the defence and the use of information obtained under torture are all major flaws pointed out in the report.

Judicial bodies such as the High Judicial Council and the Military Tribunal can not be considered as independent. The High Judicial Council is in fact composed by judges appointed by the executive and its decisions are not subjected to appeal. In addition to having jurisdiction over civilians, which represents by itself a lack of independence and impartiality, the Military Tribunal can hold trials in secrecy, or without the presence of a lawyer.

Finally, whilst a de facto moratorium on the death penalty has existed since 2004, 28 death sentences were pronounced – primarily by the Judicial Council – between January and February of 2015 alone. In September 2011, an amendment to Lebanese legislation was passed, which created a legal status for those who are "sentenced to death without being executed." Fearing that this measure is an excuse to delay the abolition of the death penalty, Alkarama demands instead that death penalty be abolished in Lebanese law.

The report submitted by Alkarama suggests 21 recommendations to be addressed to Lebanon at the next UPR, in order to enhance its respect for human rights.

The UPR involves a review of the human rights record of all UN Member States by the HRC every four years. The reviews take place through an interactive discussion between the State under review and other UN Member States. NGOs can submit information which can be referred to by any of the States taking part in the interactive discussion. In November 2015, it will be the second time Lebanon will be reviewed by the UPR process.

For more information or an interview, please contact the media team at media@alkarama.org (Dir: +41 22 734 1007 Ext: 810)