Lebanon: Torture, ill-treatment and prosecution of civilians before military courts

These people were all arrested by military intelligence services and are subject to criminal prosecution before the military court in Beirut, when they do not qualify as military personnel. In addition, the facts with which they seem to be charged do not constitute offences of a military character.

Alkarama is particularly concerned about the situation of 9 people still detained and about to be tried by a military court, even though they are civilians.

It is significant to note that all those arrested in the context of, or in connection with the events of Nahr El Bared have been subjected to torture and/or ill-treatment, including those who were detained for brief periods.

Most arrests took place without a judicial warrant and without being given the grounds for the arrest. They were carried out in most cases by members of the military intelligence services in civilian clothes.

All the persons listed below have been detained incommunicado for varying periods of time ranging from a few days to several months and particularly in the premises of the Ministry of Defence, and were tortured according to a identifiable and characteristic modus operandi: all relate  having been insulted, humiliated, threatened and beaten from the first moments following their arrest, either with electric cables, hoses, or sticks, or punched and kicked on all parts of their bodies.

Most victims testify to being  forced to remain standing for long periods, being deprived of sleep as well as toilets for their natural needs. Many report having suffered the torment of the Balanco suspension, some have suffered the agony of falaqa (blows to the soles of the feet) as well as being exposed naked, and being forced to sit on a bottle. One of the victims reported having been tortured with electric shocks.

These particularly difficult physical and psychological methods of torture had the essential aim of extracting confessions and to make the victims sign statements dictated or  written by the torturers, which they were not able to read.

At the end of their period of incommunicado detention, all persons were transferred to Roumieh prison after being indicted by a military magistrate of "attempted constitution of an armed group", or an "attempt to commit terrorist acts" or attempt "to undermine state security".

The following persons are still being held:

1. Ali Mohammed Ibrahim, Danish of Lebanese origin, born 08/07/1968, arrested in Tripoli on 24/05/2007 and held incommunicado at the Department of Defence during 33 days where he was tortured. After his transfer to Roumieh prison, he was kept in solitary confinement for 5 months before being transferred on 27/10/2008 to Building B of the same prison.

2. Shadi Majdi Al-Mawlawi, Lebanese, born 29/01/1987, arrested on 14/08/2007 by agents of the military intelligence services in Tripoli. He was then taken to the Ministry of Defence where he was severely tortured. He was imprisoned in Roumieh prison on 22/08/2007.

3. Rabee Bahjat Shaalan, Lebanese, born in 1977, arrested on 26/06/2007 in his shop by agents of the Lebanese Army intelligence and taken to Qoubbah district in northern Lebanon where he remained for two days and then to Ministry of Defence (4 days) where he was tortured, then the military court (5 days) before being imprisoned in Roumieh prison on 04/07/2007.

4. Mahmoud Medhat Al-Andouri, Lebanese, born 01/01/1985, arrested on 25/05/2007 at his home in Tripoli by a military intelligence unit. He was led to the Municipal Stadium of Bahsas in north Lebanon, then to Haykaliyé Al-Al-Kourah prison, still in north Lebanon and then to the Qoubbah military intelligence prison, and then finally to the Department of Defence’s prison where he suffered severe torture during a month and a half. He was transferred to Roumieh prison on 07/07/2007.

5. Omar Abbes Sebtaoui, an Algerian national, born 21/12/1972 in Algiers, arrested at the border in North Lebanon before the beginning of events, around 15 March 2007, by the intelligence services. He was first detained for a week by the Halba section, then taken to the intelligence services’ centre in Qoubbah where he was held for 15 days before being transferred to a place in the same area but which he could not identify and where he remained detained incommunicado for 3 months before being sent to the "information section" where he remained for 8 days, then to Zgharta prison before being imprisoned in Roumieh on 26/07/2007.

6. Bilal Ahmed Saleh, Palestinian refugee born in 1968 in Nahr El Bared, arrested on 02/06/2007 at the Tallat Al-Sitt roadblock when exiting the camp, by agents of military intelligence. Held incommunicado for 61 days at the Department of Defence where he was severely tortured, he was then transferred to the premises of military police and then to Roumieh prison on 05/08/2007.

7. Mounir Ahmed Mohammed, Palestinian refugee born in 1980 in Nahr El Bared, arrested on 06/09/2007 at the entrance to the camp by agents of military intelligence, and taken to the Qoubbah centre of the military intelligence services, then to the Department of Defence, where he was held incommunicado for a month and a half, and tortured, before being transferred to Roumieh prison on 26/10/2007.

8. Ziad Jamil Badra, Palestinian refugee born in 1984 in Nahr El Bared, arrested by agents of military intelligence on 11/07/2007 at his exit from the camp during the evacuation of civilians. Led to the Department of Defence’s prison where he was detained for 6 days, then to military court where he stayed for 3 days before being transferred to Roumieh prison on 20/07/2007.

9. Firas Mohammed Awadh, Palestinian refugee born in 1984 in Nahr El Bared, arrested on 11/07/2007 at his exit from the camp at a Lebanese army roadblock, during the evacuation of civilians. He was moved to Qoubbah where he remained for two days, and then to the Ministry of Defence in the Yarzéh sector of Mount Lebanon, for his alleged membership in Fatah Al Islam, while he claims to be a known activist of the organisation, the Democratic Front for the Liberation of Palestine (DFLP). He relates, among other tortures, of having suffered the agony of suspension and having been tortured with electricity at the Ministry of Defence, adding that he was transferred to hospital because of the serious deterioration of his general state. He was imprisoned in the Roumieh prison on 27/07/2007 and his condition currently requires serious and urgent medical care.

The following people were recently released:

10. Hassan Ali Ismael, Palestinian refugee, physically disabled, born in 1969 in Nahr El Bared. Arrested on 24/06/2007 at his exit from the camp at a Lebanese army roadblock during the evacuation of civilians, he was brought to the Qoubbah information services centre where he stayed one day, then taken to the Armani military barracks in northern Lebanon, where he was accused of belonging to Fatah Al Islam, and then successively transferred to the Department of Defence, the military court, then to the information services section before being imprisoned on 13 / 07/2007 in Roumieh prison.

11. Bassam Mohammed Faisal Beitieh, Lebanese, born in 1984, Arrested on 04/06/2007 at his workplace by agents of military intelligence, then held successively in the "Mourabitoun" section in North Lebanon, at the intelligence services centre of Qoubbah, then to the Ministry of Defence prison before being imprisoned in Roumieh prison on 12/06/2007.

12. Ahmed Khaled Steitieh, Lebanese, born 05/01/1974 in Tripoli, arrested at his home on 30/05/2007 by the military intelligence services of Qoubbah. At the time of his arrest he was severely beaten, tied up and hooded before his children before being taken to the Qoubbah intelligence services section where he was detained for 2 days before being transferred to the Ministry of Defence where he was also held incommunicado for 4 days. He was subsequently taken to the Military Court’s prison where he is remained another week. He was imprisoned in Roumieh prison on 12/06/2007.

13. Mohammed Hussein Shaaban, Lebanon, born in 1971 in Tripoli, arrested on 24/05/2007 by agents of military intelligence in northern Lebanon and then taken to the Ministry of Defence where he stayed 8 days and was tortured. He was taken to the military tribunal on 02/06/2007 where he spent 3 days, before his transfer to Roumieh prison on 05/06/2007.

All told the judge, at their first appearance, of having been subjected to torture and ill-treatment during their incommunicado detention but the judge never took their statements into account nor a fortiori ordered an investigation in regard to their allegations.

Their statements were credible because they bore visible traces of torture on certain parts of their body, and some, on their faces. Trial or investigative judges can not, therefore, in any case, ignore this practice which seems to be accepted by the judicial apparatus as a whole.

Despite their statements at the time of their presentation before a magistrate or during their appearance before the court, defendants are often convicted solely on the basis of reports based on confessions extracted under torture and no investigation is ordered even though, often, the names of the torturers are cited.