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 Photo from DI Slides
Government Should Extend Investigation across Lebanon.
A new action published
by Defend International raises a number of serious issues about the treatment
of detainees in Lebanon.
Name: Three unknown persons
Sex: Male
Age: Child
(9-10) and 2 young men
Authorities: Lebanese
Category: Torture
/ Ill-treatment / Extraction of false confessions
The case:
The information and the three videos received document
torture and other cruel, inhuman or degrading treatment of one child (boy) and
two young detainees who had been arrested by Lebanese army in spring 2007 in connection with the
bloodiest internal conflict in Lebanon
since the civil war ended 17 years ago. Below
Defend International have posted three videos detailing allegations of torture
and inhumane treatment involving three suspects captured during that chapter in
the war on terror. These shocking videos shed light on
serious violations of the prisoners' rights, including the use of torture and
ill-treatment and extraction of confessions (often false confessions) under
torture and duress.
The clips show the detainees writhing in pain. One of them is 9-10 years
old boy. This child is one of the Palestinians in Nahr al-Bared, one of many
who had been trapped during May 2007 as Lebanese army troops exchanged fire
with Fatah al-Islam fighters holed up in Nahr al-Bared camp. The boy was
arrested during the clashes while escaping from the camp.
The young man
appearing on the second video is believed to be from Algeria. He is undressed,
apparently forced to do so.
The soldiers clearly
are insulting, humiliating, threatening and beating the three detainees.
By clicking on the third video you'll see elements of Civil Defence torturing a
young man who is injured.
The videos document
the detainees were subjected to torture and interrogation while verbal abuse
continued. The torture included threats and (in the
case of the boy) being hanged by the wrists which were tied to the ceiling,
primarily to force him to make confessions. The detainees are obviously
overwhelmed by physical and mental weakness and two of them are bleeding. The boy
was terrified.
Defend International has hereby tirelessly documented systemic patterns of torture and ill-treatment,
summarized them and brought them to the attention of the Lebanese authorities.
We hope that action will be taken as a result of the credible numerous
allegations of torture, ill-treatment of civilian and political detainees
including those held in connection with Nahr el-Bared refugee camp events.
DI Views and Demands:
As a member state of
United Nations Lebanon have reaffirmed its faith in fundamental human rights
and in the dignity and worth of the human person, have proclaimed and agreed
that everyone is entitled to all the rights and freedoms set forth therein,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other
status; has declared that childhood is entitled to special care and assistance;
have considered that the child should be fully prepared to live an individual
life in society, and brought up in the spirit of the ideals proclaimed in the
Charter of the United Nations, and in particular in the spirit of dignity,
tolerance, freedom, equality and solidarity; and have proclaimed that, as
indicated in the Declaration of the Rights of the Child, "the child, by
reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection".
Defend International's findings in relation to
Nahr al-Bared events show that:
- The detainees were evidently subjected to
torture and/or ill-treatment, apparently because members of Lebanese Army
wanted to obtain as much confessions as possible;
- There were serious
violations of the rights of these detainees including the infringement of their
right to be presumed innocent until proven guilty by the court;
- Any torture to extract
a confession is banned and the confessions extracted through torture are not
legitimate and legal; and
- Children in refugee
camps live in exceptionally difficult conditions, and that those
children need special consideration.
International law:
International law prohibits torture and other
cruel, inhuman or degrading treatment or punishment of persons in custody in
all circumstances.
As a state party to the Convention against Torture (entered into
force June 26, 1987 and ratified by Lebanon
on October 5, 2000) Lebanon
must:
- According to Article 2.1. "Take effective
legislative, administrative, judicial or other measures to prevent acts of
torture in any territory under its jurisdiction".
- According to Article 2.2. Bear in mind that "no
exceptional circumstances whatsoever, whether a state of war or a threat of
war, internal political instability or any other public emergency, may be
invoked as a justification of torture".
- According to Article 12 "ensure that its
competent authorities proceed to a prompt and impartial investigation, wherever
there is reasonable ground to believe that an act of torture has been committed
in any territory under its jurisdiction".
- According to Article 13 ensure that anyone who
alleges being "subjected to torture in any territory under its jurisdiction has
the right to complain to, and to have his case promptly and impartially examined".
- According to Article 15 "ensure that any statement which is
established to have been made as a result of torture shall not be invoked as
evidence in any proceedings".
As a state party to the Convention on the Rights of the Child (signed
by Lebanon on June 26, 1990,
and ratified on May 14, 1991) Lebanon
must:
- According to Article 2.1 "respect and ensure the rights set forth in
the present Convention to each child within their jurisdiction without
discrimination of any kind, irrespective of the child's or his or her parent's
or legal guardian's race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or
other status";
- According to Article 2.2 "take all appropriate
measures to ensure that the child is protected against all forms of
discrimination or punishment on the basis of the status, activities, expressed
opinions, or beliefs of the child's parents, legal guardians, or family members".
- According to Article 37(a) "ensure that no
child shall be subjected to torture or other cruel, inhuman or degrading
treatment or punishment...";
- According to Article 37(b) "ensure that no child
shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest,
detention or imprisonment of a child shall be in conformity with the law and
shall be used only as a measure of last resort and for the shortest appropriate
period of time";
- According to Article 37(c) "ensure that every
child deprived of liberty shall be treated with humanity and respect for the
inherent dignity of the human person, and in a manner which takes into account
the needs of persons of his or her age. In particular, every child deprived of
liberty shall be separated from adults unless it is considered in the child's
best interest not to do so and shall have the right to maintain contact with his
or her family through correspondence and visits, save in exceptional
circumstances";
- According to Article 37(d) "ensure that every
child deprived of his or her liberty shall have the right to prompt access to
legal and other appropriate assistance, as well as the right to challenge the
legality of the deprivation of his or her liberty before a court or other
competent, independent and impartial authority, and to a prompt decision on any
such action".
Defend International
calls on the Lebanese authorities to implement as quickly as possible the
following recommendations:
- As a matter of urgency, take measures to
address these concerns;
- Promise to investigate these cases captured on videos by
conducting a comprehensive probe into alleged cases of torture and ill-treatment
at prisons across the country;
- Ensure prompt independent, impartial and effective
investigations into all allegations of torture or other cruel treatments and
punishment of those responsible, whatever their rank. All investigations must
be carried out in accordance with international human rights treaties and
standards, and in particular the Principles on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. The Lebanese authorities must also investigate all cases where confessions
have apparently been extracted under torture or ill-treatment or by threats;
- Provide the families of the detainees with all
details of the investigations;
- Guarantee that the rights of detainees are
respected at all times;
- Provide prisoners with adequate medical care
and humane living conditions; and
- Fulfill their obligations under the
International Covenant on Civil and Political Rights and the Convention against
Torture and ensure that the provisions of these treaties are implemented at the
domestic level.
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