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
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