LEBANON: MISSED OPPORTUNITY FOR JUSTICE IN LANDMARK CASE OVER TORTURE AND DEATH IN CUSTODY OF SYRIAN REFUGEE

In March 2021, Amnesty International released a report documenting an array of violations against 26 Syrian refugees, including four children, held on terrorism-related charges between 2014 and early 2021. Among the violations were unfair trial and torture or other ill-treatment, which included beatings with metal sticks, electric cables, and plastic pipes. Authorities failed to investigate the torture and other ill-treatment claims, even when detainees or their lawyers told a judge in court that they had been tortured

Lebanon’s military court missed a vital chance to hold accountable perpetrators of the torture that led to the death in custody of Syrian refugee Bashar Abd Saud, Amnesty International said today.

On 29 November 2022, five members of State Security, including one officer, were indicted on charges under Lebanon’s 2017 Anti-Torture Law over Saud’s death and were subsequently detained. All but one was released after the first court session on 16 December 2022. The remaining detainee was released earlier this year.

However, on 1 November 2024, all defendants were sentenced to time served after the court reduced the nature of their crime from felony to misdemeanor, dropped the charges under the anti-torture law and replaced them with the Article 166 of the Code of Military Justice that prohibits violating regulations, orders and general instructions.

“Instead of issuing a powerful rebuke of torture within the security system, with this ruling, 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 fearing they will 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 facilities. Instead, the verdict makes 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 facilities. Instead, the verdict makes a mockery of justice and will further entrench impunity.

Aya Majzoub, Deputy MENA Director, Amnesty International

On 30 August 2022, security officers arrested Saud from his home in Beirut’s Sabra and Shatila refugee camp for allegedly possessing a fake US$50 bill. On 3 September 2022, security forces contacted his family to pick up his body from hospital. Leaked videos and photos at the time, which Amnesty International reviewed, showed extensive signs of torture on his body causing an uproar that led to the military ordering an investigation, resulting in the arrests and charges against the five State Security personnel. 

On 15 April, the Saud’s family lawyer Mohammed Sablouh told Amnesty International that the president of the military court had unofficially informed him that the military had reached a settlement with the family to close the case and release the only detainee still held. Sablouh said the judge told him the detainee’s time spent in prison so far was “enough punishment”. The family in Lebanon did not respond to Sablouh’s questions to clarify how the settlement was reached.

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

This was the first case under Lebanon’s Anti-Torture Law to reach trial, but in violation of the law, it was heard before the military court, which lacks independence and impartiality.

The decision to try the security officers in a military court instead of a civilian court contradicts both Lebanese law and Lebanon’s obligations under international law as a signatory to the UN Convention Against Torture. The use of military courts should be restricted to trying military personnel for breaches of military discipline. Additionally, under the Lebanese anti-torture law, the power to prosecute, investigate and try is granted exclusively to ordinary civilian courts. The prohibition on torture applies regardless of the nature of the alleged crime.

Out of seven sessions scheduled for the trial, only two proceeded, while the other five were postponed, and the last was reserved for the ruling. 

“The bizarre nature of the trial and the fact that effectively only one hearing was held casts further doubt over this ruling. The Cassation Public Prosecutor must immediately order a retrial of this case in an ordinary criminal court, in line 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 justice is delivered and signal the end of torture in Lebanese detention centres.”

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

Amnesty International is also calling on the Lebanese authorities to allocate sufficient budget for the National Human Rights Commission, which includes the National Preventative Mechanism against Torture, so that it can visit all places of detention and document human rights violations.

Background

In March 2021, Amnesty International released a report documenting an array of violations against 26 Syrian refugees, including four children, held on terrorism-related charges between 2014 and early 2021. Among the violations were unfair trial and torture or other ill-treatment, which included beatings with metal sticks, electric cables, and plastic pipes. Authorities failed to investigate the torture and other ill-treatment claims, even when detainees or their lawyers told a judge in court that they had been tortured.