Lebanon's protesters: Arrested as

civilians, tried by military

Human rights groups call for end to unfair extrajudicial process
where children and civil activists are routinely dragged into
military courts

A YouStink protester is surrounded by riot police in clashes in

Beirut (AFP)
Kareem Chehayeb-Thursday 26 January 2017

BEIRUT - On 30 January, 14
civilians will face three years in prison in a military court trial for

their involvement in #YouStink protests against Lebanon's rubbish

crisis.
And the military trial for an ostensibly civilian protest is not an
exception. Lebanese law allows military courts, under the control
of the Ministry of Defence, to try civilians simply because they
have clashed with security forces. As a result, protesters who
have been on the receiving end of riot police, firing rubber bullets
and teargas, are routinely arrested under military justice rules.
On Thursday, Human Rights Watch detailed the effects of the
widespread use of the system, ostensibly set up to deal with
treason and terrorism, to snuff out ordinary civil disobediance and
legitimate protests against the state.
'What did we do? I had no idea that I could end up in front of a
military court' - Tamara, YouStink protester
In its 37-page report, it alleges confessions extracted under
torture, and allegations that officials are using the courts broad
jurisdiction to intimidate civil activists. Children have also
reported being tortured while awaiting prosecution in these
courts.
"It was the first time that I learned I could be treated this way,"
said Tamara, one of the #YouStink protestors facing trial before
the courts on 30 January. "We were in a protest, what did we do? I
had no idea that I could end up in front of a military court."
Another of the accused, Layal Siblani, a law student, is concerned
for her well-being. She told Middle East Eye: "We get called into
the court, wait seven hours without being able to speak or do
anything."
She also stated that she and others were verbally abused and
scolded when they spoke or raised any concerns. "I have to lie to
work whenever I have to go to military court," Siblani says. "I
worry that no law firm will want to hire me in the future knowing
what may happen to me."
Tool of intimidation

Military trials are not open to human rights groups or journalists,

who need permission to attend. The public is banned from
attending. There is no jury, defence input is minimal and many of
the judges are military officers with no legal training appointed
directly by the defence minister.
A British comparison would have student loans protesters brought
before a courts martial.
"It certainly is an intimidation tool," said George Ghali, project
manager at Lebanese human rights organisation Alef. In an
interview with MEE, Ghali said sending these 14 protesters to
military court was a method of stifling political dissent. He
predicts that the trial will be lengthy.
And while the protesters can face up to three years in prison,
Ghali said there is a "high price" to pay, should that be the case.
"Keeping the [trial] process ongoing successfully intimidates
people," said Ghali, "but if they charge them there will be public
outcry and consequences from the international community."

They opened a case against me for

publishing information 'harmful for the reputation of the Lebanese
army' - Saadeddine Shatila
There is a wealth of evidence of the abuse of the military justice
system against civilians, and its use to block legitimate rights
investigations. Saadeddine Shatila, the Lebanon country
representative for international human rights organisation,
Alkarama, is one such case.
"On 25 July, 2011, I was questioned by military intelligence about
work and sources," he said, after his organisation contacted the

UN Committee Against Torture in 2008 and called for an

investigation into allegations of torture in Lebanon.
Shatila was interrogated for seven hours. Though he was released
the same day, the ordeal did not end there. "They [the military
justice system] opened a case against me for publishing
information that is 'harmful to the reputation of the Lebanese
army'."
During two court hearings, the military judge again questioned
him about the organisations work and its sources. The case was
closed in February 2012, seven months after he was interrogated.
The UN committee did investigate Lebanese jails in late 2013, and
concluded: "Torture in Lebanon is a pervasive practice that is
routinely used by the armed forces and law enforcement agencies
for the purpose of investigation, for securing confessions to be
used in criminal proceedings and, in some cases for punishing
acts that the victim is believed to have committed.
"Evidence gathered throughout the country during the course of
the inquiry indicates a clear pattern of widespread torture and illtreatment of suspects in custody."

Lebanese protesters are routinely trasferred into the militarly

tribunal system (AFP)
Vague and discriminatory
The language in the legal code leaves much room for
interpretation, meaning defendants often do not know where their
case will go - the civilian or the military system.
Two cases expose these blurred lines. On 30 May last year, human
rights activist and lawyer Nabil al-Halabi was arrested for a
Facebook post accusing the interior minister, Nouhad alMachnouk, of corruption.
Though Lebanons internal security forces fall under the
jurisdiction of the interior ministry, his case was handed to a civil
court. Halabi was released after being threatened with being
accused of being affiliated with terrorist organisations, unless

he signed a pledge to withdraw his Facebook posts, and never

post critical content about the ministry and its staff.
According to Alkarama, the threat was severe, given his role in
the mediation process to release kidnapped Lebanese security
forces held by the Nusra Front. He has also been trying to play a
mediatory role in releasing the remaining servicemen held by the
Islamic State.
In contrast, on 22 August last year, Palestinian veterinarian Layal
al-Kayaje, living in the southern city of Saida, was arrested and
sentenced by the military court to one month in prison for
"defamation and libel against the Lebanese army".
Kayaje told NOW News in September 2015 that she had been
raped by members of the military intelligence during her
detention at the military police barracks in Rihaniyyeh in
September 2013, while she was being held for a social media post
in which she was accused of supporting extremist Salafist, Ahmad
al-Assir.
Despite both individuals targeting security forces in their posts,
one was taken to civil court, and the other was taken to military
court.
The contrasting results reinforce concerns that military legal
procedures are being used on Syrian and Palestinian refugees,
often viewed as security threats.
"Syrians are referred to military court in the context of counterterrorism," said Shatila. His colleague Elisa Volpi Spagnolini, a
Alkarama human rights officer, added: "Observing patterns over
the last few years, we could see more of this going forward."
Ghali, from Alef, said that "prioritising national security over
human rights" could lead to the persecution of many Syrian
nationals "without any proper evidence or investigation at military
courts".

Lebanese children face the same military tribunals as adults (AFP)

Children dragged into military system
Most alarming is the sending of children to military courts. For
example, children accused of being involved with terrorist groups
can be tried at a military court. In Human Rights Watchs report, it
concluded that many military courts who receive children choose
not to notify the juvenile courts.
According to Lama Fakih, the group's Middle East and North Africa
deputy director, the Union for the Protection of Juveniles
documented 355 children tried at military courts in 2016 alone.
Fakih stated that she wasnt surprised by the inclusion of children
in military trials. "Courts have jurisdiction to try children," she
said, adding there was no justification for the practice.
Spagnolini told MEE that children scooped up with adults are
treated the same, as often happens after a child confesses to
affiliation with a terrorist group. Alkarama refers to the case of 18year-old Lebanese citizen Walid Diab, arrested aged 16 and

allegedly tortured into confessing an affiliation to a terrorist

group.
Scrutiny of torture
Lebanons parliament announced the establishment of a National
Human Rights Institute in October to monitor use of torture and
unlawful practices by Lebanons security apparatus. HRWs Fakih
told Middle East Eye that she did reach out, but was told that they
are still in the recruitment stages. "We asked if there was a clear
timeline around that and there is not."
Lebanese politicians have also raised concerns about the military
judicial system, including former minister of justice, Ashraf Rifi,
who presented a draft law calling for the establishment
of specialised courts for cases involving terrorism, money
laundering, and trafficking back in 2015.

The argument that military tribunals are

more efficient or more expert truly undermines our civil courts George Ghali, of Alef
However, he has not addressed the issue since, which Ghali
believes is part of a larger problem.
"We need public awareness based on principle, and not [political]
interest," he said. Moreover, Fakih states that the draft law did not
"address the concerns raised in our report", including the "broad
definition of terrorism", as well as the lack of banning minors from
being tried under those courts.
MP Elie Keyrouz, of the Lebanese Forces party, also presented a
draft law to reform the military court in 2013, which included the

total ban of trying children. He attended an HRW news conference

on Thursday, but refused to speak to the press.
HRW sent a request to the defence ministry to attend the trial of
the 14 protestors, but has received no response.
"A battle with the army is a long, uphill battle. They enjoy huge
public support, and they will defend themselves by referring to
the law," said Ghali, who believes that the battle needs to go
through parliament.
"The argument against our advocacy - that military tribunals are
more efficient or more expert - truly undermines our civil courts. I
want to see judges of civil courts become allies with Alef for this
cause."
Alkaramas Shatila demanded action from the Lebanese
government. "We need an alternative, where civilians are only
referred to civil courts."
Fakih added: "The defence ministry should immediately open up
the military courts to public observers without prior
permission. The least Lebanon can do is ensure that its citizens
arent being sentenced in secret by a specialised court behind
closed doors."
Posted by Thavam