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TITLE: LEBANON HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
LEBANON
Lebanon is a parliamentary republic in which the President is
by tradition a Maronite Christian, the Prime Minister a Sunni
Muslim, and the Speaker of the Chamber of Deputies a Shi'a
Muslim. The Parliament consists of 128 deputies, equally
divided between Christian and Muslim representatives.
The security forces comprise the Lebanese Armed Forces (LAF),
which may arrest and detain suspects on national security
grounds; the Internal Security Forces (ISF) which enforce laws,
conduct searches and arrests, and refer cases to the judiciary;
and the State Security apparatus and the Surete General, both
of which collect information on groups that may jeopardize
state security.
Non-Lebanese military forces control much of Lebanon. These
include about 30,000 Syrian troops, a contingent of Israeli
army regulars and an Israeli-supported militia in southern
Lebanon, and several armed Palestinian factions. All undermine
the authority of the central Government and prevent the
application of law in areas not under its control. In 1991 the
Governments of Lebanon and Syria concluded a security agreement
which provides a framework for cooperation between their armed
forces. However, Syrian military and intelligence units in
Lebanon conduct their activities independently of the
agreement.
In 1989 the Arab League brokered a peace settlement at Taif,
Saudi Arabia, to end the hostilities in Lebanon. According to
the Taif Accord, Syrian troops were scheduled to be redeployed
from Lebanon's coastal population areas to the Biqa' Valley,
with full redeployment to take place thereafter. The Syrian
Government has refused to carry out that redeployment.
Lebanese government officials have not pressed the issue,
citing such reasons as the Lebanese Army's alleged unreadiness
to take over security functions from Syrian forces. However,
pervasive Syrian influence over Lebanese politics and
decisionmakers lies at the root of the Government's
unwillingness to engage Syrian authorities on the withdrawal.
This relationship with Syria does not reflect the will of
significant segments of the Lebanese public.
Israel exerts control in and near its self-proclaimed "security
1one" in southern Lebanon through its surrogate, the South
Lebanon Army (SLA), and the presence of about 1,000 Israeli
troops. The SLA maintains a separate and arbitrary system of
justice in the zone, independent of Lebanese central
authority. SLA officials have reportedly deported some alleged
criminals to Israel to face legal charges. Also in south
Lebanon, the Iranian-backed Shi'a Muslim militia, Hizballah,
and allied Palestinian guerillas continue to be locked in a
cycle of raids and counterraids with Israeli forces and the SLA.
Palestinian groups operate autonomously in refugee camps
throughout the country and maintain a separate, arbitrary
system of justice for other Palestinians. In 1994 the
Government continued to consolidate its authority in the parts
of the country under its control. It has disarmed private
Christian militias but has made little effort to disarm
Hizballah and its allies, the SLA, or to reassert state control
over the Palestinian refugee camps.
Before the 1975-89 hostilities, Lebanon was an important
financial and commercial center. The war weakened its
commercial leadership and inflicted massive damage on the
economic infrastructure. In 1994 the free market economy
continued to recover, as the Government took steps to restore
confidence and implement a reconstruction program. Although
many citizens lack the confidence to repatriate much of the
estimated $30 billion deposited abroad, there have been some
significant cash flows reflecting cautious optimism in the
Government's program.
The human rights situation continued to deteriorate.
Government abuses included the arrest and detention of
individuals and groups opposed to government policies and the
presence of Syrian forces. There were credible reports that
government forces tortured and mistreated prisoners. In
February the bombing of a Maronite Christian church
precipitated the two major human rights developments of 1994:
the Government arrested and members of the Lebanese Forces (LF)
party, which it claimed had carried out the bombing, and before
filing formal charges, revoked the LF's license as a political
party. Second, in March the Government suspended all news
broadcasts on the grounds that some broadcasters were using the
church bombing to inflame sectarian tensions. The Government
lifted the suspension in July. In October Parliament passed a
new audiovisual law which most interested parties consider
adequate to protect freedom of expression. The LF remains
banned. Although the overall level of armed conflict declined,
life and property, especially in the south, are still
threatened by artillery and aerial attacks by the various
contending forces. In 1994 these forces continued to carry out
abductions, assassinations, and terrorist bombings.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
In 1994 political killings declined as the Government further
consolidated its authority over the country. However, security
or police personnel were responsible for at least three
extrajudicial killings. In one case, authorities at the
Bayt-Al-Din Prison beat a prisoner, Tariq Hassaniyah, to death
in March. Authorities arrested the warden and five officers,
but at the end of the year had not made public their
investigation, nor had they brought any charges against the
perpetrators.
Amnesty International (AI) reported that Fawzi Al-Rasi, a
prisoner in his early thirties, died in custody on April 22.
According to official sources, Al-Rasi died of a heart attack
while detained at the Ministry of Defense. However, Al-Rasi's
colleagues maintained that his heart attack resulted from
physical abuse.
In July, the Lebanese Association for Human Rights claimed that
a suspect died during an interrogation conducted by narcotics
officers. According to the Association, citizens have lodged
numerous complaints about the Antidrug Bureau, where officers
reportedly detain suspects for weeks without charge; some are
reportedly tortured. At year's end, the Government had not
investigated or punished those responsible for these alleged
killings.
Various factions and unknown persons carried out
assassinations. On April 12, an Iraqi opposition figure, Talib
Suhayl al-Tamimi, was assassinated in Beirut. Security forces
arrested two Iraqi diplomats assigned to Beirut and charged
them with murder. According to newspaper reports, the suspects
admitted their guilt, but at year's end there was no movement
towards a trial.
Rival Palestinian factions continued to engage in a cycle of
politically motivated murders, mostly in the southern city of
Sidon and nearby refugee camps.
On January 29, two gunmen assassinated Na'eb 'Umran
al-Ma'ayitah, first secretary of the Jordanian Embassy in
Beirut. Authorities arrested and tried seven persons
associated with the radical Abu Nidal Palestinian faction for
the crime. In October a court sentenced the four principal
defendants to death and the others to 10 years in prison for
abetting the crime. The death sentences were commuted to life
imprisonment at hard labor.
b. Disappearance
There were no known disappearances attributable to state
security forces. However, the fate of thousands of inhabitants
kidnaped during the years of civil unrest is still unknown.
Militias and non-Lebanese forces were responsible for most of
the kidnapings. Some victims are believed to have been
murdered. The Government has taken no judicial action against
groups responsible for the kidnapings.
On May 21, Israeli commandos abducted the senior leader of an
Islamic resistance organization, Mustafa Dirani, from his house
in the central region of the Biqa' Valley, an area under Syrian
control. Dirani is detained in Israel. Israeli authorities
stated that they had seized Dirani to obtain information from
him on the fate of a missing Israeli pilot, Ron Arad, who was
shot down over Lebanon in 1986 and is still listed as missing.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There continued to be credible reports that the Lebanese Army
in some instances employed torture against the members of the
disbanded Christian militia, the Lebanese Forces (LF). Army
personnel beat detainees and suspended them by their wrists for
lengthy periods. The Government has not adequately
investigated those accused of the abuse, nor has it punished
anyone.
The Government made no attempt to investigate reports that
security forces tortured several persons arrested in 1993 and
charged them with contact with the enemy--Israel--and
conspiracy to aid enemy forces. According to AI, security
forces broke the arm of one suspect, George Haddad, during an
interrogation in 1993. In January AI expressed concern about
the arrest and reported torture of Samir Nasr in late 1993.
Nasr was charged with dealing with the enemy--Israel--solely on
the basis of a statement extracted under duress.
AI also reported that Hanna Atiq, arrested in the spring for
his suspected involvement in the bombing of a church, was
admitted to a hospital for injuries reportedly sustained while
under interrogation at the Ministry of Defense.
In September the Army's intelligence services arrested several
individuals for their alleged involvement in authoring and
distributing a leaflet opposing Syrian influence in Lebanon.
Ministry of Defense security officers reportedly beat the male
detainees, hung them by their wrists, and beat them on the
testicles during interrogation. The officers reportedly
stripped two female detainees of their clothing and insulted
them. During the interrogation, security officials did not
allow the detainees access to their lawyers. The Government
charged the detainees under Article 295 of the Penal Code
(campaign aimed at weakening the national feeling or inciting
sectarian discord) and Article 125 of the Military Code
(conspiracy aimed at a leader's authority or soldier's
security). Authorities detained the group for 23 days and then
released them. No date has been set for trial.
Prison conditions do not meet internationally recognized
minimum standards. Inmates lack heat, and there are an
insufficient number of showers and toilets. In September the
Minister of Interior acknowledged publicly that the prisons are
overcrowded, with 50 to 60 prisoners often housed to a cell.
There are as many as 60 children detained in prisons, sharing
the same facilities as adult prisoners.
Abuses also occurred in areas outside the State's authority,
especially in the Palestinian refugee camps. There were
credible reports that members of the various Palestinian groups
which control the camps detained and tortured their Palestinian
rivals.
d. Arbitrary Arrest, Detention, or Exile
The Government resorts to arbitrary arrest and detention.
Although the law requires security forces to obtain arrest
warrants before making arrests, the military prosecutor
reportedly issues blank warrants to be completed after arrest
are made. Arresting officers are supposed to refer suspects to
a prosecutor within 24 hours of arrest but frequently do not.
The law requires the authorities to release a suspect after 48
hours of arrest if they do not bring formal charges against
him. Some prosecutors flout this requirement and detain
suspects for long periods in pretrial confinement without a
court order. The law authorizes a judge to remand a suspect to
incommunicado detention. There is a system of bail, but felons
are excluded from using it. Defendants have the right to legal
counsel, but there is no public defender's office for those who
cannot afford a lawyer.
The army continued the practice of arbitrary arrest, detaining
mainly the former members of the dissolved Christian militia,
the Lebanese Forces. It conducted most of these detentions
after a bomb at a Maronite Christian church in the Al-Zuq
region of Kisriwan killed 12 worshipers and injured many
others. The Army reportedly detained the former militiamen in
order to carry out their investigation into the bombing. LF
commander Samir Ja'ja publicly stated that the Christian
community needed to take security measures if the State was
unable to do so. The Army released most of the detainees after
2 or 3 days.
In April security forces arrested Samir Ja'ja' as a suspect in
the Al-Zuq church bombing--and also in the 1990 murders of Dany
Chamoun, the leader of the Liberal Party, his wife, and two
children. Defense lawyers maintain that Ja'Ja's detention in
an underground room at the Ministry of Defense violates the law
and that the conditions of detention are degrading and
inhuman. The Government maintains that it selected the
detention facility to safeguard Ja'ja's life from possible
assassins.
In April Army intelligence officers arrested 12 Lebanese
members of the Iraqi Ba'th Party and transferred some of them
into the custody of Syrian authorities. Security forces
arrested another Lebanese member of that party, Rafiq Abu
Younes, in September. By year's end, the Government had not
provided information about his whereabouts.
Security forces also detained persons who opposed the presence
of Syrian forces in Lebanon (see Section 1.c.).
Local militias and non-Lebanese forces continued to conduct
arbitrary arrests in areas outside the central Government's
authority. The SLA detains at least 200 Lebanese citizens and
an undetermined number of Palestinians at the Al-Khiyam prison
in South Lebanon. The SLA denies detainees the right to
correspond with family members and prohibits visits by family
members and representatives of the International Committee of
the Red Cross, despite receiving many requests for such visits.
Israel is known to hold several Lebanese citizens, including
Sheikh Abdel Karim Obaid and Mustafa Dirani, who are figures
associated with the Islamic resistance.
Palestinian refugees are subject to arrest, detention, and
harassment by the state security forces, Syrian security
forces, the various militias, and rival Palestinian factions.
In the recent past, the Government resorted in a few cases to
exile as a means of punishment. In 1991 it pardoned former
army commander and self-proclaimed Prime Minister General
Michel 'Awn and two aides, on condition that they depart the
country and remain in exile for 5 years. The Government had
accused the three of attempting to usurp the authority of the
State. They remain in exile.
e. Denial of Fair Public Trial
The Lebanese judicial system is composed of the regular
civilian courts; military courts, which try cases involving
military personnel; the Judicial Council, which is a state
security court; and the religious tribunals of the various
denominations which adjudicate disputes involving marriage,
inheritance, and personal status.
The Judicial Council is a permanent tribunal of five senior
judges who adjudicate cases involving threats to state
security. On the recommendation of the Minister of Justice,
the Cabinet decides whether to try a case before this tribunal.
The judiciary is generally impartial and independent of
executive authority. However, influential politicians and
Syrian intelligence officers sometimes intervene to protect
their clients from prosecution.
The Ministry of Justice appoints judges according to a formula
based on religious affiliation. Low salaries have compelled
competent judges to resign from the bench while others have
become susceptible to corruption and bribery. In 1994 the
Minister of Justice announced the nomination of 42 additional
judges. The shortage of judges has impeded efforts to
adjudicate cases backloged during the years of internal
conflict.
Trial delays are also caused by the Government's inability to
conduct investigations in areas outside its control. According
to the Minister of Interior, 600 prisoners are in detention,
some for long periods, awaiting trial.
In refugee camps, Palestinian elements operate an autonomous
and arbitrary system of justice. The Islamic militia,
Hizballah, operates its own system of justice. In February it
stated that Islamic law would apply in the areas it controls.
In 1994 Hizballah authorities tried and executed a person
accused of murder. The Government did not attempt to stop the
execution. According to Lebanese press reports, Hizballah is
holding in captivity Muhammad Dirani, a cousin of Mustafa
Dirani, an Islamic leader abducted by Israeli commandoes (see
Section l.b.). Hizballah has reportedly accused Muhammad
Dirani of collaborating with Israel in the abduction.
The legal system is discriminatory in its handling of so-called
crimes of honor. According to the Penal Code, the male killer
of a wife, sister, or mother may avoid conviction if he can
demonstrate that he committed the crime in response to an
illegitimate sexual relation by the victim.
There are no known political prisoners, although the
authorities often detain without charges political opponents of
the Syrian and Lebanese Governments for short periods.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
While the authorities generally show little interest in
controlling the personal lives of citizens, they are not
reluctant to interfere with the privacy of persons regarded as
foes of the Government. Laws require that prosecutors must
obtain warrants before entering houses, except when the army is
in hot pursuit of an armed attacker. Militias and non-Lebanese
forces operating outside areas of central government authority
have frequently violated rights of privacy. Various factions
and the Government use informer networks and monitor telephones
to gather information on their foes.
g. Use of Excessive Force and Violations of Humanitarian
Law in Internal Conflicts
An undetermined number of civilians continue to be killed in
South Lebanon, as Hizballah and its associated Lebanese and
Palestinian militias, on the one hand, and Israeli forces and
the SLA, on the other, engaged in a cycle of violence. The
former attacked SLA troops deployed on Lebanese soil and in
June conducted a rocket attack on northern Israel. Israeli
forces conducted repeated air strikes and artillery barrages on
purported guerrilla and terrorist targets inside Lebanon.
On June 2, Israeli helicopters attacked a Hizballah military
training camp east of Ba'albak, killing 26 persons and injuring
40. In retaliation, Lebanese resistance forces, principally
Hizballah, fired 40 Katyusha rockets at settlements in northern
Israel. On August 5, an Israeli helicopter raid targeted a
residential building in the township of Dayr al-Zahrani. Seven
persons were killed and 17 wounded.
From July 25 to August 24, Israeli forces imposed a blockade of
all vehicular traffic into and out of the southern Lebanon
township of Yuhmur, permitting only pedestrian access.
According to international observers, the blockade led to a
shortage of potable water and an outbreak of skin diseases
among the inhabitants.
The Government, and to a much greater extent the SLA and
Hizballah, continue to violate international humanitarian
standards with respect to the treatment of prisoners.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Although Lebanon has a long history of freedom of opinion,
speech, and press, in 1994 the Government seriously infringed
these freedoms. From March to July, it prohibited the
broadcast of news and political commentary by all privately
owned television and radio stations. The Government imposed
the ban after dissolving the former Christian militia and
political party, the Lebanese Forces, which it accused of
bombing a Maronite church in Al-Zuq in February (see Section
1.d.). Government supporters argued that the ban was necessary
because, in the aftermath of the bombing, privately owned
broadcasting stations might enflame sectarian tensions.
However, the effect was to stifle temporarily dissent and
Lebanon's tradition of cultural and religious diversity.
The Government rescinded the ban after the Speaker of the
Chamber of Deputies introduced a bill urging the ban's
rescission and calling for a review of the laws on
broadcasting. In October Parliament passed a new audiovisual
law which most parties consider an adequate safeguard of
freedom of expression.
The Government has several legal tools at its disposal to
control the freedom of expression. The Surete General, under
Ministry of Interior jurisdiction, is authorized to approve all
foreign magazines and nonperiodical works including books,
plays, and films before they are distributed on the market. In
1994 the Ministry prohibited the screening of an Egyptian film,
"The Terrorist", a satire on Islamic fundamentalism, after some
Islamic dignitaries voiced complaints. In July Interior
Ministry authorities prohibited the import of Al-Wasat, a
magazine published in London, because it included an interview
with Ghassan Tuma, a member of the dissolved LF party. In June
a court sentenced Tuma in absentia to 20 years for conspiracy
to assassinate the President.
Lebanese law prohibits attacks on the dignity of the Head of
State or foreign leaders. The Government may prosecute
offending journalists and publications in a special court
empowered to try such matters. In August the Government
prosecuted a pro-Syrian newspaper, Al-Sharq, after it printed
cartoons deemed insulting to the President. The Government
took another newspaper, Ad-Diyar, to court in September for
"attacking the dignity" of the President. At year's end, both
newspapers continued to publish, but their cases were pending.
The 1991 security agreement between Lebanon and Syria contains
a provision that effectively prohibits the publication of any
information deemed harmful to the security of either State.
Under the risk of prosecution, Lebanese journalists censor
themselves on matters related to Syria.
In September the Government arrested five persons for posting
wall bills urging a well-known signer to cancel a concert
scheduled to benefit the reconstruction of Beirut. The posters
urged the cancellation to protest the city's controversial
reconstruction plans. The Government released them only after
the concert was held, but did not cite them for any wrongdoing.
In 1994 the Parliament approved several amendments to the
restrictive press regulations imposed during the civil war,
such as Law Decree 104 of 1977. The amendments withdrew the
authority of the Minister of Interior to close a publication by
decree and the authority of the Attorney General, or any court,
to close a publication involved in litigation until a court
renders a verdict. Other amendments prohibit the pretrial
detention of journalists accused in press crimes and
imprisonment for any crime not specified in the Penal Code.
Lebanon has a strong tradition of academic freedom and a
flourishing private educational system. The Government does
not usually interfere with professors, curricula, or student
groups.
b. Freedom of Peaceful Assembly and Association
Citizens wishing to hold a public rally must obtain approval
from the Ministry of Interior. The Government does not apply
this law uniformly. In 1994 the Ministry approved requests for
rallies from some non-Christian political factions, including
the Shi'a Muslim Amal Movement, the mostly Druze Progressive
Socialist Party, the Sunni Muslim group al-Ahbash, and
supporters of the Prime Minister. The Ministry disapproved
requests from some Christian groups.
In April army troops fired shots in the air to disperse a crowd
gathered at the residence of the Maronite Patriarch to protest
the arrest of the former LF Commander Samir Ja'ja'. However,
the Government did not interfere with demonstrations and
marches organized by Hizballah.
In general the Government does not interfere with the
establishment of private organizations; however, citizens
require government approval to establish political parties.
However, the army intelligence service monitors the movement
and activities of members of opposition groups.
The Ministry of Interior scrutinizes requests to establish
political parties and to some extent monitors the activities of
all parties.
In 1994 the Government dissolved the Lebanese Forces as a
political party, accusing it of involvement in the Al-Zuq
church bombing. LF supporters claim the dissolution was
illegal because the LF had not been found guilty of any
wrongdoing. Nonetheless, the Government has not made similar
moves to dissolve Hizballah or Amal. Neither Israel nor Syria
allow groups openly hostile to them to operate in areas under
their control.
c. Freedom of Religion
The State does not interfere with the practice of religion, the
activities of foreign clergy, or places of worship. The
Government officially recognizes 17 religions or denominations,
including Christians, Muslims, Druze, and Jews. Citizens have
the right to convert to another religion, but converts
frequently suffer social ostracism in this religiously
differentiated society.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
In general the Government does not interfere with the foreign
travel of citizens, but obstacles remain. Travel to Israel is
prohibited by law, but many citizens undertake such travel via
Israeli-controlled territory in South Lebanon. A woman is
required by law to obtain her husband's or father's permission
for a passport. There are no legal restrictions on the right
of citizens to return. Palestinian refugees living in Lebanon
have the right to return after foreign travel.
Lebanese armed forces and Syrian troops maintain checkpoints in
areas under their control. In South Lebanon, the SLA, Israeli
forces, and the Lebanese Army all maintain tight restrictions
on the movement of people and goods into and out of the
security zone.
After years of internal conflict, the recent spread of
government authority has removed barriers that had previously
hindered domestic travel. The Government has encouraged the
return to their homes of over 600,000 persons displaced during
the civil war. Although some people have begun to reclaim
their homes abandoned during the war, the vast majority of
displaced persons have not attempted to reclaim their
property. The resettlement process is slowed by tight
budgetary constraints, destroyed infrastructure, the lack of
schools and economic opportunities, and the fear that physical
security is still lacking in some parts of the country.
In June the Government issued a decree extending citizenship to
an estimated 120,000 stateless residents excluding Palestinian
refugees. Some Christian leaders criticized the move as
numerically favoring the Muslim community and contributing to
an imbalance among the country's religions.