Lebanon: Missed chance for justice in landmark case involving torture and death of Syrian refugee in custody

Lebanon’s military court has missed an important opportunity to hold to account the perpetrators of the torture that led to the death in custody of Syrian refugee Bashar Abd Saud, Amnesty International said today.

On November 29, 2022, five state security personnel, including an officer, were charged with Saud’s death under Lebanon’s 2017 anti-torture law and subsequently arrested. All but one were released after the first court hearing on December 16, 2022. The remaining prisoner was released earlier this year.

However, on November 1, 2024, all defendants were sentenced to prison terms after the court reduced the nature of their offense from a felony to a misdemeanor, dropped the charges under the Anti-Torture Law and replaced them with Article 166 of the Military Justice Law Violation of regulations, orders and general instructions is prohibited.

“Instead of strongly condemning torture within the security system, with this verdict the military court has sent a chilling message that members of the security services are above the law and that perpetrators of torture can continue to commit crimes without fear that they will.” “We must be held accountable,” said Aya Majzoub, Amnesty International’s deputy regional director for the Middle East and North Africa.

“This case could have been an opportunity to implement the 2017 Anti-Torture Law and end decades of impunity for torture in Lebanese detention centers. Instead, the verdict represents a mockery of justice and will further entrench impunity.”

This case could have been an opportunity to implement the 2017 Anti-Torture Law and end decades of impunity for torture in Lebanese detention centers. Instead, the verdict represents a mockery of justice and will further entrench impunity.

Aya Majzoub, MENA Deputy Director, Amnesty International

On August 30, 2022, security officials arrested Saud at his home in Beirut’s Sabra and Shatila refugee camp for allegedly possessing a counterfeit $50 bill. On September 3, 2022, security forces contacted his family to collect his body from the hospital. Videos and photos leaked at the time, reviewed by Amnesty International, showed numerous signs of torture on his body, sparking an uproar that led to the military ordering an investigation, leading to arrests and charges against the five state security personnel led.

On April 15, the Saud family’s lawyer, Mohammed Sabouh, told Amnesty International that the president of the military court had unofficially informed him that the military had reached an agreement with the family to drop the case and leave the only one still in custody to release the prisoner. Sabouh said the judge told him that the inmate’s time spent in prison so far was “punishment enough.” The family in Lebanon did not respond to Sabouh’s questions seeking clarification about how the deal came about.

Syrian refugees in Lebanon are among the most vulnerable groups. Refugees are often arbitrarily arrested and detained for long periods for suspected crimes ranging from expired identification documents to drug trafficking. Torture and other ill-treatment are widespread in the Lebanese detention system, but the judiciary has failed to adequately investigate complaints of torture.

This was the first case brought to trial under Lebanon’s anti-torture law, but in violation of the law it was tried in the military court, which lacks independence and impartiality.

The decision to try the security officers in a military court rather than a civilian court contradicts both Lebanese law and Lebanon’s international obligations as a signatory to the UN Convention against Torture. The use of military courts should be limited to the prosecution of military personnel for violations of military discipline. Furthermore, under Lebanon’s anti-torture law, the power to prosecute, investigate and try lies exclusively with ordinary civil courts. The prohibition of torture applies regardless of the type of alleged crime.

Of the seven sessions scheduled for the trial, only two continued, while the other five were postponed and the last was reserved for the verdict.

“The bizarre nature of the trial and the fact that virtually only one hearing took place casts further doubt on this verdict. The prosecutor of cassation must immediately order a reopening of this case before a regular criminal court in accordance with Lebanese and international law,” said Aya Majzoub.

“The judiciary’s consistent failure to implement the anti-torture law denies victims access to justice and will deter others from coming forward. The death of Bashar Abd Saud must not go unpunished; “The authorities must ensure that justice prevails and signal an end to torture in Lebanese detention centers.”

At the time of his death, Bashar Abd Saud was 30 years old and had three children, including a one-month-old child. Eight years before his arrest, he had left the Syrian army and moved to Lebanon to work as a porter.

Amnesty International also calls on the Lebanese authorities to allocate sufficient budget for the National Human Rights Commission, which includes the National Preventive Mechanism against Torture, to visit all places of detention and document human rights violations.

background

In March 2021, Amnesty International released a report documenting a series of violations against 26 Syrian refugees, including four children, who were held on terrorism charges between 2014 and early 2021. Violations included unfair trials and torture or other ill-treatment that included beatings with metal sticks, electric cables, and plastic pipes. Authorities did not investigate allegations of torture and other ill-treatment, even when detainees or their lawyers told a judge in court that they had been tortured.