CAT/C/LBN/CO/1 Nelson Mandela Rules, which state that “prison labour must not be of an afflictive nature” and that “prisoners shall not be held in slavery or servitude”. National human rights institution and national preventive mechanism 28. The Committee takes note of the information provided by the delegation on the procedures and criteria for the selection and appointment of the members of the National Commission for Human Rights, as stipulated in Law No. 62 of 2016. It regrets, however, that the members of the national human rights institution, which will be required to perform additional functions as the national mechanism for the prevention of torture, have not yet been formally appointed. 29. The Committee urges the State party to complete the selection process for the appointment of the members of the National Commission for Human Rights in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles). The State party should ensure that the Commission effectively fulfils its mandate as a national preventive mechanism, with a dedicated structure and adequate resources for that purpose. It should also guarantee that the national preventive mechanism is granted access to all places of detention and is able to carry out unannounced visits, in accordance with its mandate and the provisions of the Optional Protocol to the Convention and in keeping with the guidelines on national preventive mechanisms issued by the Subcommittee on Prevention of Torture (CAT/OP/12/5). Monitoring detention facilities 30. The Committee is concerned that, contrary to the information provided by the State party, several human rights non-governmental organizations have reported that they are still not allowed to carry out monitoring activities in detention facilities. 31. The Committee reiterates its previous recommendation under the inquiry procedure (see A/69/44, annex XIII, para. 38 (cc)) that the State party authorize nongovernmental organizations to undertake prison monitoring activities. The State party should adopt formal regulations explicitly authorizing human rights nongovernmental organizations, medical professionals and members of local bar associations to undertake independent visits to places of detention. The State party should ensure frequent oversight and monitoring by the judicial authorities, national independent human rights mechanisms and civil society organizations of all places of detention, including detention facilities under the authority of the Internal Security Forces Information Branch and the Ministry of Defence. Coerced confessions 32. The Committee is deeply concerned that Lebanese legislation still does not contain an explicit prohibition on the inadmissibility of evidence obtained as a result of torture. In that regard, it is concerned about consistent reports indicating that the use of torture to extract confessions remains prevalent, and that confessions allegedly extracted through torture are used against the accused as evidence of guilt in civilian and military courts. The Committee is also concerned at the apparent failure of the courts to investigate those allegations, placing the burden of proof on the persons charged. It regrets the lack of information available on decisions taken by Lebanese courts to refuse confessions obtained under torture as evidence, and the fact that there was no information provided on sanctions for judges who are held accountable for failing to prosecute cases of torture (art. 15). 33. The State party should adopt effective measures to guarantee that coerced confessions or statements are inadmissible, both in law and in practice, except when invoked against a person accused of torture as evidence that the statement was made. Thus, the Committee calls on the State party to ensure that where there is an allegation that a statement was made under torture, the burden of proof does not lie with the victim, as the delegation has claimed, but with the State. The State party should also ensure that law enforcement officials, judges and lawyers receive training on how to detect and investigate cases in which confessions are obtained under torture. 6

Select target paragraph3