CAT/C/LBN/CO/1 Definition and criminalization of torture 12. While taking note of the information provided by the State party on the content of the draft law on the criminalization of torture, including the proposed amendments to article 401 of the Criminal Code, the Committee is concerned that a comprehensive definition of torture in conformity with that contained in article 1 of the Convention is not yet contained in domestic law. It is also concerned about the inadequacy of the penalties applicable to torture envisaged in the current draft legislation. Furthermore, the Committee notes with concern that the bill includes a provision according to which the statute of limitations on torture will start to run on the day the victim is released from detention (arts. 1 and 4). 13. In line with its obligations under the Convention, as recommended by the Committee in its inquiry (see A/69/44, annex XIII, para. 38 (b)), and in line with the commitment the State party made during the universal periodic review in November 2015 (see A/HRC/31/5, paras. 132.34-132.36 and A/HRC/31/5/Add.1), the State party should define torture in full conformity with article 1 of the Convention, and ensure that such offences are punishable by appropriate penalties that take into account their grave nature, in accordance with article 4 (2) of the Convention. It should also establish that there is no statute of limitations for the offence of torture. Allegations of torture and ill-treatment 14. The Committee takes note of the State party’s affirmation that the practice of torture is not widespread in Lebanon and that any instances of torture are isolated events that do not in any way correspond to State policy. However, the Committee remains concerned at various consistent reports that security forces and military personnel continue to routinely use torture against suspects in custody, including children, who are often held incommunicado, primarily to extract confessions that are to be used in criminal proceedings or as a form of punishment for acts that the victim is believed to have committed. It regrets that the State party dismissed or did not respond to the requests for information as to whether investigations were under way into widely reported cases, such as the alleged beating of journalist Rami Aysha by members of the military police or the alleged torture of Ghassan Shehab al-Suleiman al-Slaybi and others during detention at the Ministry of Defence. The Committee remains concerned about allegations of harassment, arbitrary detention, torture and ill-treatment, including beatings, sexual abuse, anal examinations and forced HIV testing, of men suspected of being homosexual held in custody by Internal Security Forces officers (arts. 2, 11-13 and 15-16). 15. The Committee urges the State party to: (a) Unambiguously reaffirm the absolute prohibition of torture and publicly announce that anyone committing such acts or being found to be otherwise complicit or acquiescent in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties; (b) Ensure that all instances and allegations of torture and ill-treatment are investigated promptly, effectively and impartially, and that the perpetrators are prosecuted and, if found guilty, punished in accordance with the gravity of their acts, as required by article 4 of the Convention; (c) Take effective measures to prevent police abuse based on real or perceived sexual orientation and gender identity, ensure that all cases are investigated and prosecuted, perpetrators brought to justice and victims provided with redress. The State party should prohibit anal searches or tests for men suspected of homosexuality and ensure that body searches are conducted only in exceptional cases and by the least intrusive means possible, with full respect for the dignity of the person. Fundamental legal safeguards 16. The Committee takes note of the procedural safeguards set out in article 47 of the Code of Criminal Procedure, mainly the right of detainees to be informed of their rights, to notify a person of their choice, the right to access a lawyer of their own choosing and to 3

Select target paragraph3