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.
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