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A/HRC/WGAD/2014/57

Opinion No. 57/2014, Lebanon

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2014-11-21 · en UN

Opinion; Subjects: LEBANON, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Erwägungen (39 Absätze)

E. 1 The Working Group on Arbitrary Detention was established by the former Commission on Human Rights by its resolution 1991/42. The mandate of the Working Group was then clarified and extended by the Commission by its resolution 1997/50. The Human Rights Council assumed the mandate by its decision 2006/102 and extended it for a three-year period by its resolution 15/18 of 30 September 2010. The mandate was extended for a further three years by resolution 24/7 of 26 September 2013. Acting in accordance with its methods of work (A/HRC/16/47, annex), the Working Group transmitted the above-mentioned communication to the Government.

E. 2 The Working Group regards deprivation of liberty as arbitrary in the following cases: (a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to the detainee) (category I); (b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights (category II);

* The State became a party to the International Covenant on Civil and Political Rights on 3 November 1972. United Nations A/HRC/WGAD/2014/57 General Assembly Distr.: General 7 May 2015 English Original: French A/HRC/WGAD/2014/57 2 GE.15-09134 (c) When the total or partial non-observance of the international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character (category III); (d) When asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy (category IV); (e) When the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights (category V). Submissions Communication from the source

E. 3 This case was submitted to the Working Group on Arbitrary Detention in the following terms.

E. 4 According to the source, 87 people were arrested by the Lebanese army intelligence services during clashes in the Palestinian refugee camp of Nahr al Bared between May and September 2007. The Lebanese army started bombing the camp on 20 May 2007 and then entered it on 15 July 2007, to fight alleged members of the armed group Fatah al Islam. This communication concerns only 72 of those people (see annex), who are being held in Roumieh prison, either serving a prison sentence (or in one case awaiting execution under a death sentence), or awaiting trial. Of the other 15 persons arrested, one was never charged and was eventually released and another was convicted but has already served sentence and been released. The other 13 people were released on bail pending trial.

E. 5 According to information received, some of the people alleged to have been arbitrarily detained were arrested during the evacuation of the civilian population of the camp, either at the army checkpoint or in their homes; the others were arrested after these events, in some cases as late as 2009. According to the source, the arrests were made without a warrant and with no explanation of the reasons, and for the most part by members of the military intelligence services.

E. 6 The source alleges that, after their arrest, all the suspects were taken to the Ministry of Defence for questioning and that all, without exception, have reported undergoing serious acts of torture intended to make them confess that they were members of Fatah al Islam (a suspected radical armed group) or had direct or indirect ties with that group. All later said that they had been tortured into signing statements containing admissions that they had been directly involved in the clashes. On 7 June 2007, the Council of Ministers ordered those arrested to be brought before the Justice Council.

E. 7 The source reports that, on appearing before the military court, most of the victims reported torture and other ill-treatment after arrest but none of them was allowed to lodge a complaint or to challenge the confessions extracted under torture, or even to challenge the lawfulness of their detention, even though they had been held incommunicado for long periods without the right to see their families or a lawyer.

E. 8 According to information received, a judicial investigation was ordered on 20 August 2007. The investigating judge then regularized the arrests and pretrial detention after the fact by issuing arrest warrants. The source states that the investigation was based solely on the statements drawn up by the army intelligence services, which contained the A/HRC/WGAD/2014/57 GE.15-09134 3 accused’s confessions obtained under torture and which were contested by the accused themselves at the hearing before the investigating judge; the judge disregarded their challenges and upheld the measure of pretrial detention.

E. 9 According to information received, the investigation ended in December 2007 but the judge did not draw up the final indictment until 19 July 2012. Pretrial hearings were held at Roumieh prison in February and March 2013 and chaired by the President of the Justice Council. In order to expedite proceedings, the judge decided to sever consideration of the case by grouping the defendants according to the charges against them.

E. 10 The source reports that on 27 September 2013 a first group of accused was for the first time brought before the trial court (Justice Council) and that in May 2014 12 people were sentenced, on the basis of the above-mentioned statements, to between 2 and 15 years’ imprisonment, and one was given the death penalty. One person was released, having already served the sentence imposed. The other 11 convicted persons are serving their sentences in Roumieh prison, where 58 of the 87 persons arrested are also being held pending trial.

E. 11 In the source’s view, these persons’ arrest is arbitrary and contrary to article 9, paragraph 1, of the International Covenant on Civil and Political Rights. In particular, the fact that they were detained without a warrant and without being informed of the formal charges against them violates article 9, paragraph 2, of the Covenant. They were taken to the Ministry of Defence and held incommunicado for several days or weeks before being transferred to Roumieh prison. It was only when they were first brought before the investigating judge, after several months of detention without legal justification, that they were informed of the charges against them and the investigating judge retroactively regularized their arrest and pretrial detention by issuing arrest warrants.

E. 12 The source also claims that this situation is contrary to article 9, paragraph 3, of the Covenant as the accused first appeared before the investigating judge only after they had been in detention for several months. The source notes, moreover, that article 108 of the Lebanese Code of Criminal Procedure allows unlimited pretrial detention for certain crimes such as State security offences, which is also contrary to article 9 of the Covenant.

E. 13 The source states that these individuals have not been able to challenge the lawfulness of their arrest or their current detention, in violation of article 9, paragraph 4, of the Covenant. The various remedies attempted by their families and lawyers have been unsuccessful.

E. 14 Moreover, the Human Rights Committee, in its comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, has described proceedings before special courts as “irregular” and not meeting the basic requirements of a fair trial. The source maintains that the Justice Council, which is trying these persons, is a special court competent to try offences against national security or unity, and is therefore contrary to article 14, paragraph 1, of the Covenant. The Justice Council does not have its own inquiry mechanism and bases its decisions on preliminary investigations conducted by other security services, notably the military intelligence services, which means that in many cases confessions extracted under torture are held against the accused. Its decisions are final and not subject to appeal, in violation of the principle of the right to a second hearing.

E. 15 The source argues that being held in pretrial detention for more than five years before indictment, and indeed to this day for 61 of those persons, constitutes a violation of the right of the accused to be tried without undue delay in accordance with article 14, paragraph 3 (c), of the Covenant.

E. 16 Lastly, article 14, paragraph 3 (g), of the Covenant guarantees the right not to be compelled to testify against oneself or to confess guilt. In this regard, confessions obtained A/HRC/WGAD/2014/57 4 GE.15-09134 under torture must be systematically disallowed. Moreover, the onus is on the State party to demonstrate that the accused have made their statements voluntarily. The source reports that these people were tortured for several days while being held incommunicado at the Ministry of Defence and that the statements thus contain confessions extracted under torture. As a result, the conviction of 12 people on the basis of these statements, and in the absence of any other material evidence for the prosecution, deprives their detention of any legal basis, thereby rendering it arbitrary. The other 61 people awaiting trial may also be convicted on the basis of these statements.

E. 17 The source points out that the current deprivation of liberty of the persons mentioned in the annex to this communication constitutes a violation of the right to a fair trial and renders their detention arbitrary under category III of the criteria applicable to the consideration of cases submitted to the Working Group. Response from the Government

E. 18 In a letter dated 25 June 2014, the Working Group transmitted the above allegations to the Government of Lebanon and requested detailed information on the current situation of the 72 individuals in question and clarification of the legal basis justifying their detention.

E. 19 The Working Group finds it regrettable that, to date, the Government has neither replied to the allegations transmitted to it nor requested an extension of the time limit for doing so in accordance with paragraphs 15 and 16 of the Working Group’s methods of work. Discussion

E. 20 Despite the absence of a response from the Government, the Working Group considers that it is in a position to render an opinion on the detention of the persons concerned only on the basis of the information provided by the source, in accordance with paragraph 16 of its methods of work.

E. 21 In the present case, the Government has chosen not to refute the serious prima facie allegations submitted by the source. The Working Group has established in its case law the ways in which it deals with issues of evidence (see, for example, A/HRC/19/57, para. 68). If the source establishes a prima facie case of violation of international obligations amounting to arbitrary detention, the burden of proof must be understood to rest on the Government if it wishes to refute the allegations. Accordingly, the Working Group should base its opinion on the prima facie case established by the source.

E. 22 The Working Group notes with great concern that, with the exception of the person who went voluntarily to the Ministry of Defence, all the people mentioned in this case were arrested en masse by members of the military intelligence services without a warrant, and that warrants were issued later in proceedings based entirely on evidence submitted by members of the military intelligence services.

E. 23 The Working Group is particularly concerned that these individuals were submitted to various forms of torture and cruel, inhuman and degrading treatment, mainly to enable members of the Ministry of Defence to fabricate evidence. It should be noted that some of the victims are unwilling to describe or give details of the torture to which they were subjected, probably through shame or due to psychological trauma. After the torture ended, all the victims were forced to sign statements drawn up by members of the intelligence services, which were later used as the sole source of evidence by both the prosecutors and the Court. A/HRC/WGAD/2014/57 GE.15-09134 5

E. 24 The Working Group is also alarmed by the fact that a grave miscarriage of justice has been committed in the handling of the case. The victims’ detention was extremely lengthy and their trials have been excessively delayed. Most of the victims were arrested between May and September 2007 and the investigation was completed around December

2007. However, the final indictment was not drawn up until 19 July 2012. Pretrial hearings finally began between February and March 2013 and it was not until 27 September 2013 that the first group of defendants was brought before the Justice Council for the first time.

E. 25 The arrests and detention of the victims were carried out in flagrant violation of article 9, paragraph 1, of the Covenant, which provides that no one shall be subjected to arbitrary arrest or detention and that no one shall be deprived of their liberty except on such grounds and in accordance with such procedure as are established by law. There has also been a violation of article 9, paragraph 2, which provides that an arrested person shall be informed, at the time of arrest, of the reasons for their arrest and shall be notified without delay of any charge brought against them.

E. 26 It is also well established in international law that pretrial detention should be an exceptional measure and must be as short as possible.1 In its annual report of 2011 (see A/HRC/19/57, paras. 48–58), the Working Group also stressed that pretrial detention should be an exceptional measure. Article 9, paragraph 3, of the International Covenant on Civil and Political Rights sets forth two cumulative obligations, namely to be promptly brought before a judge within the first days of the deprivation of liberty and to have a judicial decision rendered without undue delays, in the absence of which the person is to be released (see A/HRC/19/57, para. 53).

E. 27 This provision is completed by the second part of paragraph 3 of article 9 which provides that “it shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement”. It follows that liberty is recognized as a principle and detention as an exception in the interests of justice (ibid., para. 54).

E. 28 The provisions contained in article 9, paragraph 3, of the Covenant can be summarized as follows: Any detention must be exceptional and of short duration; release may be accompanied by measures intended only to ensure representation of the defendant in judicial proceedings (ibid., para. 56).

E. 29 The Working Group wishes also to refer to the Human Rights Committee’s general comment No. 35 (2014), according to which: It should not be the general practice to subject defendants to pretrial detention. Detention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime. The relevant factors should be specified in law and should not include vague and expansive standards such as “public security”. Pretrial detention should not be mandatory for all defendants charged with a particular crime, without regard to individual circumstances.

E. 30 In addition, article 9, paragraph 4, of the Covenant guarantees that anyone deprived of liberty by arrest or detention shall be entitled to take proceedings before a court, in order 1 See, for example, Human Rights Committee communication No. 1787/2008, Views adopted on 27 March 2013, paras. 7.3 and 7.4. A/HRC/WGAD/2014/57 6 GE.15-09134 that the court decide without delay on the lawfulness of detention and order their release if the detention is not lawful. The persons mentioned in this case did not have the opportunity to challenge the lawfulness of their detention or the acts of torture and extraction of false statements while they were held incommunicado. Various appeals lodged by their families and their lawyers were unsuccessful. During the investigation that took place after the arrest and detention in order to provide a basis for the arrest warrants, all appeals were ignored while the reports of the military intelligence services, based on false confessions, were upheld.

E. 31 The Working Group also considers that article 108 of the Code of Criminal Procedure, which allows unlimited detention for certain crimes such as State security offences, is also contrary to article 9 of the Covenant.

E. 32 Another concern is that the Justice Council, which is hearing or is to hear the trials in the case at hand, does not meet the necessary conditions to constitute an independent and impartial tribunal. The Council of Ministers decides which cases are to be referred to the Justice Council, contrary to the principles of separation of powers and independence of the judiciary. In addition, the Justice Council is a special court competent to try violations of national security or unity. Its decisions are final and without appeal. In this case, the problems associated with the Justice Council’s lack of independence and impartiality are exacerbated by the fact that one of the victims was sentenced to death.

E. 33 In addition, the Justice Council relies entirely on preliminary investigations carried out by other security services, notably the military intelligence services, which means that confessions extracted under torture are often used against the accused without any other corroborating material evidence. Therefore, the trial and conviction of the accused by this court is contrary to article 14, paragraph 1, of the Covenant, which provides that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law, in the determination of any criminal charge against them, or of their rights and obligations in a suit at law.

E. 34 Given that, in the case of those convicted, sentence was handed down after more than five years in pretrial detention, and that, in the case of the 61 people awaiting trial, pretrial detention continues to this day, the right of the 72 persons currently in detention to be tried without undue delay, in accordance with article 14, paragraph 3 (c), of the Covenant, must be deemed to have been violated. The trial and sentencing of the detainees were also conducted in violation of article 14, paragraph 3 (g), of the Covenant, which guarantees the right not to be compelled to testify against oneself or to confess guilt.

E. 35 In addition, the Working Group wishes to reiterate its concern about the treatment of refugees, immigrants, and foreigners in the country, as indicated in previous opinions (for example, opinions Nos. 2011/14, 2011/55 and 2012/44). Disposition

E. 36 In the light of the foregoing, the Working Group renders the following opinion: The deprivation of liberty of the above-mentioned persons is arbitrary, being in contravention of articles 9, paragraphs 1 to 4, and 14 of the International Covenant on Civil and Political Rights, and falls within categories I and III of the criteria applicable to the consideration of cases submitted to the Working Group.

E. 37 Accordingly, the Working Group requests the Lebanese Government to take the necessary measures, without delay, to remedy the situation and bring it into conformity with the standards and principles set forth in the Covenant and other relevant international standards. A/HRC/WGAD/2014/57 GE.15-09134 7

E. 38 The Working Group considers that, in light of all the circumstances in the specific case, the proper remedy would be the immediate release of the detainees and the granting of reasonable and appropriate reparation in accordance with article 9, paragraph 5, of the Covenant. Reparation is also due to those who have already served their prison sentences or were released without trial.

E. 39 The Working Group refers the allegations of ill-treatment that have been made and not contested in this case to the Special Rapporteur on the question of torture for appropriate action. [Adopted on 21 November 2014] A/HRC/WGAD/2014/57 8 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 1 Mohammed Ali Najem محمد علي نجم Palestinian Syrian 1980 Nahr al Bared Camp Nahr al Bared Camp 10/02/2007 2 Khodor Soleiman Al- Meree/ Mother’s name: Wardeh خضر سليمان المرعي Lebanese 1974 Wadi Khaled [Akkar, Northern Lebanon] Wadi Khaled 19/05/2007 3 Mahmoud Medhat Al- Andouri محمود مدحت اندوري Lebanese 1985 Banyas Tripoli 25/05/2007 4 Bilal Ahmed Ismail Al Masri بالل أحمد إسماعيل المصري Lebanese 1987 Tripoli Tripoli 13/06/2007 5 Talal Adul Rahman Radwan طالل عبدالرحمان رضوان Lebanese 1978 Tripoli Tripoli 02/07/2007 6 Amer Mustafa Al-Jasem عامر مصطفى الجاسم Lebanese 1978 Tripoli Tripoli 02/07/2007 7 Ahmed Ali Kobeiter أحمد علي قبيطر Lebanese 1978 Qalmon/Tripoli Qalmon 05/07/2007 8 Yaser Na’eem Hasan ياسر نعيم حسن Palestinian 1975 Nahr al Bared Camp Nahr al Bared Camp 07/07/2007 9 Jihad Saeed Mawed/ Mother’s name: Fatima جهاد سعيد موعد Palestinian 1972 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 10 Ziad Jamil Badran/ Mother’s name: Aziza زياد جميل بدران Palestinian 1984 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 11 Simon Ahmed Ibrahim/ Mother’s name: Soumayeh سيمون أحمد إبراهيم Palestinian 1973 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 12 Firas Mohammed Awad/ Mother’s name: Aminah فراس محمد عوض Palestinian 1983 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 13 Moueen Badei Wehbe معين بديع وهبي Palestinian 1961 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 14 Nizar Ahmed Al-Ashkar نزار أحمد األشقر Palestinian 1970 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 15 Mohammed Souleiman Merei محمد سليمان المرعي Lebanese 1968 Wadi Khaled Nahr al Bared Camp 20/07/2007 A/HRC/WGAD/2014/57 GE.15-09134 9 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 16 Mohammed Jamil Kasim/ Mother’s name: Zahiyeh محمد جميل قاسم Palestinian 1982 Kuwait Nahr al Bared Camp 20/07/2007 17 Wisam Jamil Badran/ Mother’s name: Aziza وسام جميل بدران Palestinian 1976 Nahr al Bared Camp Nahr al Bared Camp 20/07/2007 18 Mohammed Moueen Wehbe/ Mother’s name: Khadija محمد معين وهبي Palestinian 1986 Nahr al Bared Camp Nahr al Bared Camp 25/07/2007 19 Yousof Saleh Al-Moghrabi/ Mother’s name: Fatima يوسف صالح المغربي Palestinian 1968 Nahr al Bared Camp Nahr al Bared Camp 27/07/2007 20 Jamaluddeen Mustafa Malas جمال الدين مصطفى ملص Lebanese 1977 Minieh Tripoli 29/08/2007 21 Mohamed Mahmoud Shaaban محمد محمود شعبان Lebanese 1986 Sidon Sidon 29/08/2007 22 Mohammed Kasim Al- Saadi محمد قاسم السعدي Palestinian 1971 Nahr al Bared Camp Nahr al Bared Camp 30/08/2007 23 Basheer Bin Mohammed Al-Tayyeb Al-Armani بشير بن محمد الطيب األرماني Tunisian 1985 Joemin/Benzart Nahr al Bared Camp 28/09/2007 24 Husam Fouad Khalil حسام فؤاد خليل Palestinian 1980 Nahr al Bared Camp Nahr al Bared Camp 28/09/2007 25 Mohammed Khalaf Mohammed Al-Jabri محمد خلف محمد الجابري Omani 1984 Sultanate of Oman Nahr al Bared Camp 28/09/2007 26 Nasru-deen Oddah Balkayim نصرالدين عدة بلقايم Algerian 1986 State of Teyyarat/ Algeria Nahr al Bared Camp 28/09/2007 27 Mohammed Hamzeh Al- Sheikh Othman محمد حمزة الشيخ عثمان Syrian 1986 Homs Nahr al Bared Camp 28/09/2007 28 Ahmed Hasan Al-Labash أحمد حسن اللبش Syrian 1979 Dara Nahr al Bared Camp 28/09/2007 29 Ahmed Ali Ahmed أحمد علي أحمد Palestinian 1983 El-Mina/Tripoli Beddawi Camp 02/10/2007 30 Husein Hasan Al-Latif حسين حسن اللطيف Syrian 1986 Abu Kamal/Syria Nahr al Bared Camp 02/10/2007 A/HRC/WGAD/2014/57 10 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 31 Amer Salem Souleiman Al- Seirai عامر سالم سليمان السعيري Saudi 1985 Sharoura Nahr al Bared Camp 02/10/2007 32 Mubarak Naji Amer Al- Korbi مبارك ناجي عامر الكربي Saudi 1986 Najran/Sharorah Nahr al Bared Camp 02/10/2007 33 Nasser Mohammed Shiba ناصر محمد شيبة Yemeni 1983 Najran, Saudi Arabia Nahr al Bared Camp 02/10/2007 34 Ezz al-Din Abdul Qadir Bin Musa عز الدين عبد القادر بن موسى Algerian 1975 Hussein Dey Nahr al Bared Camp 02/10/2007 35 Fathi Bin Nasr Bin Hasan Al-Asadi فتحي بن ناصر الحسن العصادي Tunisian 1982 Welad Bo Afeia Kesra Nahr al Bared Camp 02/10/2007 36 Ashraf Yousuf Abu Zeinab أشرف يوسف أبو زينب Syrian 1987 Latakia [Syria] Nahr al Bared Camp 02/10/2007 37 Abdallah Saaduddeen Shukri عبدهللا سعدالدين شكري Syrian 1986 Latakia [Syria] Nahr al Bared Camp 04/10/2007 38 Ahmed Zakaria Al-Sheikh أحمد زكريا الشيخ Origin: Syrian Palestinian 1979 Syria Nahr al Bared Camp 26/10/2007 39 Ahmed Bassam Kasem أحمد بسام قاسم Origin: Syrian Palestinian 1985 Sayda Zeinab/ Damascus Nahr al Bared Camp 26/10/2007 40 Ahmed Kayed Habbous أحمد كايد حبوس Palestinian 1986 Tyre Nahr al Bared Camp 26/10/2007 41 Ayedh Moubarak AL- Kahtani عايض مبارك القحطاني Saudi 1985 Riyadh Nahr al Bared Camp 26/10/2007 42 Munir Ahmed Mohamed منير احمد محمد Palestinian 1980 Nahr al Bared Camp Nahr al Bared Camp 26/10/2007 43 Ezzeddene Abdul-Kader Bin Mousa عزالدين عبدالقادر بن موسي Algerian 1975 Algeria Nahr al Bared Camp 27/10/2007 44 Khalid Ahmed Awad خالد أحمد عوض Syrian Palestinian 1981 Al-Ae’deen camp/ Hama/Syria Nahr al Bared Camp 31/10/2007 45 Talal Moslim Saleh Al- Seiari طالل مسلم صليع الصعيري Saudi 1984 Sharoura Saudi Arabia 31/10/2007 A/HRC/WGAD/2014/57 GE.15-09134 11 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 46 Mohammed Ahmed Yasine محمد أحمد ياسين Palestinian 1987 Yarmouk Camp Nahr al Bared Camp 31/10/2007 47 Nizar Farouk Al-Hasan نزار فاروق الحسن Syrian 1988 Aleppo [Syria] Nahr al Bared Camp 31/10/2007 48 Hamza Daham Qwaider حمزة دحام قويدر Syrian 1983 Hama Nahr al Bared Camp 31/10/2007 49 Mohamed Hussein Rahal محمد حسين رحال Syrian 1972 Idlib Nahr al Bared Camp 31/10/2007 50 Sergei Vladimir Fssonatski سرغاي فالديمير فيسوتسكي Russian 1989 Nalchik Nahr al Bared Camp 10/11/2007 51 Szenasi Iadhikar Aceh شيناسي ياديكار آتش German 1982 Boslar Nahr al Bared Camp 10/11/2007 52 Fadi Adel Khalid فادي عادل خالد Palestinian 1972 Beirut Nahr al Bared Camp 10/11/2007 53 Mohammed Mahil Al- Mteiri محمد محيل المطيري Saudi 1983 Qassim/Buraida Nahr al Bared Camp 10/11/2007 54 Taha Ahmed Hadji- Souleiman طه أحمد حجي سليمان Syrian 1982 Latakia [Syria] Nahr al Bared Camp 10/11/2007 55 Adnan Khodor Najjar عدنان خضر نجار Palestinian 1983 Beirut Al-Mazra’a Nahr al Bared Camp 10/11/2007 56 Naser Ahmed Ismail ناصر أحمد إسماعيل Palestinian 1961 Nahr al Bared Camp Nahr al Bared Camp 15/01/2008 57 Obeida Ali Tawele عبيدة علي طويلة Palestinian 1984 Nahr al Bared Camp Nahr al Bared Camp 13/02/2008 58 Nader Ahmad Al Qasem نادر أحمد القاسم Palestinian 1982 Nahr al Bared Camp Nahr al Bared Camp 15/04/2008 59 Alaa Saleh Aref Haj Mahmoud عالء صالح عارف الحاج محمود Palestinian 1983 Nahr al Bared Camp Nahr al Bared Camp 26/04/2008 A/HRC/WGAD/2014/57 12 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 60 Raafat Fouad Al-Khalil رأفت فؤاد خليل Palestinian 1979 Nahr al Bared Camp Nahr al Bared Camp 25/04/2009 61 Salim Ali Abdul-Karim Saleh سليم علي عبدالكريم صالح Yemeni 1983 Aden Nahr al Bared Camp 28/09/2007 62 Bilal Khodor Ibrahim بالل خضر إبراهيم Lebanese 1983 Sheikh-Taba/ Akkar Tripoli 30/04/2007 63 Zakaria Abdul-Manaf Khodor زكريا عبدالمناف خضر Lebanese 1976 Deddeh/ Northern Lebanon Tripoli 04/05/2007 64 Ahmed Fayez Safarjelani/ Mother’s name: Nadia أحمد فايز سفرجالني Lebanese 1979 Tripoli Tripoli 25/05/2007 65 Abdul Razzaq Mohammed Al-Ali/Mother’s name: Rajaa عبد الرزاق محمد العلي Lebanese 1979 Eyat/Akkar Tripoli 05/06/2007 66 Fayez Mohammed Abadan/ Mother’s name: Souad فايز محمد عبدان Lebanese 1965 Beirut Al-Mazra’a Beirut Al-Mazra’a 08/06/2007 67 Othman Mohammed Ibrahim عثمان محمد إبراهيم Lebanese 1978 Al-Mankoubin/ Al-Baddawi/ Tripoli Tripoli 11/06/2007 68 Abdul-Kadir Mustafa Sanjakdar/ Mother’s name: Najah عبدالقادر مصطفى سنجقدار Lebanese 1964 Tripoli Tripoli 13/06/2007 69 Ahmad Souleiman Merei أحمد سليمان مرعي Lebanese 1981 Wadi Khaled Nahr al Bared Camp 20/07/2007 70 Younis Khalid Shibli يونس خالد شبلي Palestinian 1987 Sidon Tameer district 29/08/2007 71 Nouri Nasr Al-Mahmoud Al-Hadji نوري نصر المحمود الحجي Syrian 1981 Hama Nahr al Bared Camp 10/11/2007 72 Muhammed Salih Al- Zawawi محمد صالح زواوي Palestinian 1972 Yarmouk Camp Nahr al Bared Camp 15/01/2008

Volltext (verifizierbarer Originaltext)

GE.15-09134 (E) 190515 260515  Human Rights Council Working Group on Arbitrary Detention Opinions adopted by the Working Group on Arbitrary Detention at its seventy-first session, 17–21 November 2014 No. 57/2014 (Lebanon) Communication addressed to the Government on 25 June 2014 Concerning Mohammed Ali Najem and 71 other detainees in the Nahr al Bared camp case The Government has not replied to the communication. The State is a party to the International Covenant on Civil and Political Rights.* 1. The Working Group on Arbitrary Detention was established by the former Commission on Human Rights by its resolution 1991/42. The mandate of the Working Group was then clarified and extended by the Commission by its resolution 1997/50. The Human Rights Council assumed the mandate by its decision 2006/102 and extended it for a three-year period by its resolution 15/18 of 30 September 2010. The mandate was extended for a further three years by resolution 24/7 of 26 September 2013. Acting in accordance with its methods of work (A/HRC/16/47, annex), the Working Group transmitted the above-mentioned communication to the Government. 2. The Working Group regards deprivation of liberty as arbitrary in the following cases: (a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to the detainee) (category I); (b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights (category II);

* The State became a party to the International Covenant on Civil and Political Rights on 3 November 1972. United Nations A/HRC/WGAD/2014/57 General Assembly Distr.: General 7 May 2015 English Original: French A/HRC/WGAD/2014/57 2 GE.15-09134 (c) When the total or partial non-observance of the international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character (category III); (d) When asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy (category IV); (e) When the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights (category V). Submissions Communication from the source 3. This case was submitted to the Working Group on Arbitrary Detention in the following terms. 4. According to the source, 87 people were arrested by the Lebanese army intelligence services during clashes in the Palestinian refugee camp of Nahr al Bared between May and September 2007. The Lebanese army started bombing the camp on 20 May 2007 and then entered it on 15 July 2007, to fight alleged members of the armed group Fatah al Islam. This communication concerns only 72 of those people (see annex), who are being held in Roumieh prison, either serving a prison sentence (or in one case awaiting execution under a death sentence), or awaiting trial. Of the other 15 persons arrested, one was never charged and was eventually released and another was convicted but has already served sentence and been released. The other 13 people were released on bail pending trial. 5. According to information received, some of the people alleged to have been arbitrarily detained were arrested during the evacuation of the civilian population of the camp, either at the army checkpoint or in their homes; the others were arrested after these events, in some cases as late as 2009. According to the source, the arrests were made without a warrant and with no explanation of the reasons, and for the most part by members of the military intelligence services. 6. The source alleges that, after their arrest, all the suspects were taken to the Ministry of Defence for questioning and that all, without exception, have reported undergoing serious acts of torture intended to make them confess that they were members of Fatah al Islam (a suspected radical armed group) or had direct or indirect ties with that group. All later said that they had been tortured into signing statements containing admissions that they had been directly involved in the clashes. On 7 June 2007, the Council of Ministers ordered those arrested to be brought before the Justice Council. 7. The source reports that, on appearing before the military court, most of the victims reported torture and other ill-treatment after arrest but none of them was allowed to lodge a complaint or to challenge the confessions extracted under torture, or even to challenge the lawfulness of their detention, even though they had been held incommunicado for long periods without the right to see their families or a lawyer. 8. According to information received, a judicial investigation was ordered on 20 August 2007. The investigating judge then regularized the arrests and pretrial detention after the fact by issuing arrest warrants. The source states that the investigation was based solely on the statements drawn up by the army intelligence services, which contained the A/HRC/WGAD/2014/57 GE.15-09134 3 accused’s confessions obtained under torture and which were contested by the accused themselves at the hearing before the investigating judge; the judge disregarded their challenges and upheld the measure of pretrial detention. 9. According to information received, the investigation ended in December 2007 but the judge did not draw up the final indictment until 19 July 2012. Pretrial hearings were held at Roumieh prison in February and March 2013 and chaired by the President of the Justice Council. In order to expedite proceedings, the judge decided to sever consideration of the case by grouping the defendants according to the charges against them. 10. The source reports that on 27 September 2013 a first group of accused was for the first time brought before the trial court (Justice Council) and that in May 2014 12 people were sentenced, on the basis of the above-mentioned statements, to between 2 and 15 years’ imprisonment, and one was given the death penalty. One person was released, having already served the sentence imposed. The other 11 convicted persons are serving their sentences in Roumieh prison, where 58 of the 87 persons arrested are also being held pending trial. 11. In the source’s view, these persons’ arrest is arbitrary and contrary to article 9, paragraph 1, of the International Covenant on Civil and Political Rights. In particular, the fact that they were detained without a warrant and without being informed of the formal charges against them violates article 9, paragraph 2, of the Covenant. They were taken to the Ministry of Defence and held incommunicado for several days or weeks before being transferred to Roumieh prison. It was only when they were first brought before the investigating judge, after several months of detention without legal justification, that they were informed of the charges against them and the investigating judge retroactively regularized their arrest and pretrial detention by issuing arrest warrants. 12. The source also claims that this situation is contrary to article 9, paragraph 3, of the Covenant as the accused first appeared before the investigating judge only after they had been in detention for several months. The source notes, moreover, that article 108 of the Lebanese Code of Criminal Procedure allows unlimited pretrial detention for certain crimes such as State security offences, which is also contrary to article 9 of the Covenant. 13. The source states that these individuals have not been able to challenge the lawfulness of their arrest or their current detention, in violation of article 9, paragraph 4, of the Covenant. The various remedies attempted by their families and lawyers have been unsuccessful. 14. Moreover, the Human Rights Committee, in its comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, has described proceedings before special courts as “irregular” and not meeting the basic requirements of a fair trial. The source maintains that the Justice Council, which is trying these persons, is a special court competent to try offences against national security or unity, and is therefore contrary to article 14, paragraph 1, of the Covenant. The Justice Council does not have its own inquiry mechanism and bases its decisions on preliminary investigations conducted by other security services, notably the military intelligence services, which means that in many cases confessions extracted under torture are held against the accused. Its decisions are final and not subject to appeal, in violation of the principle of the right to a second hearing. 15. The source argues that being held in pretrial detention for more than five years before indictment, and indeed to this day for 61 of those persons, constitutes a violation of the right of the accused to be tried without undue delay in accordance with article 14, paragraph 3 (c), of the Covenant. 16. Lastly, article 14, paragraph 3 (g), of the Covenant guarantees the right not to be compelled to testify against oneself or to confess guilt. In this regard, confessions obtained A/HRC/WGAD/2014/57 4 GE.15-09134 under torture must be systematically disallowed. Moreover, the onus is on the State party to demonstrate that the accused have made their statements voluntarily. The source reports that these people were tortured for several days while being held incommunicado at the Ministry of Defence and that the statements thus contain confessions extracted under torture. As a result, the conviction of 12 people on the basis of these statements, and in the absence of any other material evidence for the prosecution, deprives their detention of any legal basis, thereby rendering it arbitrary. The other 61 people awaiting trial may also be convicted on the basis of these statements. 17. The source points out that the current deprivation of liberty of the persons mentioned in the annex to this communication constitutes a violation of the right to a fair trial and renders their detention arbitrary under category III of the criteria applicable to the consideration of cases submitted to the Working Group. Response from the Government 18. In a letter dated 25 June 2014, the Working Group transmitted the above allegations to the Government of Lebanon and requested detailed information on the current situation of the 72 individuals in question and clarification of the legal basis justifying their detention. 19. The Working Group finds it regrettable that, to date, the Government has neither replied to the allegations transmitted to it nor requested an extension of the time limit for doing so in accordance with paragraphs 15 and 16 of the Working Group’s methods of work. Discussion 20. Despite the absence of a response from the Government, the Working Group considers that it is in a position to render an opinion on the detention of the persons concerned only on the basis of the information provided by the source, in accordance with paragraph 16 of its methods of work. 21. In the present case, the Government has chosen not to refute the serious prima facie allegations submitted by the source. The Working Group has established in its case law the ways in which it deals with issues of evidence (see, for example, A/HRC/19/57, para. 68). If the source establishes a prima facie case of violation of international obligations amounting to arbitrary detention, the burden of proof must be understood to rest on the Government if it wishes to refute the allegations. Accordingly, the Working Group should base its opinion on the prima facie case established by the source. 22. The Working Group notes with great concern that, with the exception of the person who went voluntarily to the Ministry of Defence, all the people mentioned in this case were arrested en masse by members of the military intelligence services without a warrant, and that warrants were issued later in proceedings based entirely on evidence submitted by members of the military intelligence services. 23. The Working Group is particularly concerned that these individuals were submitted to various forms of torture and cruel, inhuman and degrading treatment, mainly to enable members of the Ministry of Defence to fabricate evidence. It should be noted that some of the victims are unwilling to describe or give details of the torture to which they were subjected, probably through shame or due to psychological trauma. After the torture ended, all the victims were forced to sign statements drawn up by members of the intelligence services, which were later used as the sole source of evidence by both the prosecutors and the Court. A/HRC/WGAD/2014/57 GE.15-09134 5 24. The Working Group is also alarmed by the fact that a grave miscarriage of justice has been committed in the handling of the case. The victims’ detention was extremely lengthy and their trials have been excessively delayed. Most of the victims were arrested between May and September 2007 and the investigation was completed around December

2007. However, the final indictment was not drawn up until 19 July 2012. Pretrial hearings finally began between February and March 2013 and it was not until 27 September 2013 that the first group of defendants was brought before the Justice Council for the first time. 25. The arrests and detention of the victims were carried out in flagrant violation of article 9, paragraph 1, of the Covenant, which provides that no one shall be subjected to arbitrary arrest or detention and that no one shall be deprived of their liberty except on such grounds and in accordance with such procedure as are established by law. There has also been a violation of article 9, paragraph 2, which provides that an arrested person shall be informed, at the time of arrest, of the reasons for their arrest and shall be notified without delay of any charge brought against them. 26. It is also well established in international law that pretrial detention should be an exceptional measure and must be as short as possible.1 In its annual report of 2011 (see A/HRC/19/57, paras. 48–58), the Working Group also stressed that pretrial detention should be an exceptional measure. Article 9, paragraph 3, of the International Covenant on Civil and Political Rights sets forth two cumulative obligations, namely to be promptly brought before a judge within the first days of the deprivation of liberty and to have a judicial decision rendered without undue delays, in the absence of which the person is to be released (see A/HRC/19/57, para. 53). 27. This provision is completed by the second part of paragraph 3 of article 9 which provides that “it shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement”. It follows that liberty is recognized as a principle and detention as an exception in the interests of justice (ibid., para. 54). 28. The provisions contained in article 9, paragraph 3, of the Covenant can be summarized as follows: Any detention must be exceptional and of short duration; release may be accompanied by measures intended only to ensure representation of the defendant in judicial proceedings (ibid., para. 56). 29. The Working Group wishes also to refer to the Human Rights Committee’s general comment No. 35 (2014), according to which: It should not be the general practice to subject defendants to pretrial detention. Detention pending trial must be based on an individualized determination that it is reasonable and necessary taking into account all the circumstances, for such purposes as to prevent flight, interference with evidence or the recurrence of crime. The relevant factors should be specified in law and should not include vague and expansive standards such as “public security”. Pretrial detention should not be mandatory for all defendants charged with a particular crime, without regard to individual circumstances. 30. In addition, article 9, paragraph 4, of the Covenant guarantees that anyone deprived of liberty by arrest or detention shall be entitled to take proceedings before a court, in order 1 See, for example, Human Rights Committee communication No. 1787/2008, Views adopted on 27 March 2013, paras. 7.3 and 7.4. A/HRC/WGAD/2014/57 6 GE.15-09134 that the court decide without delay on the lawfulness of detention and order their release if the detention is not lawful. The persons mentioned in this case did not have the opportunity to challenge the lawfulness of their detention or the acts of torture and extraction of false statements while they were held incommunicado. Various appeals lodged by their families and their lawyers were unsuccessful. During the investigation that took place after the arrest and detention in order to provide a basis for the arrest warrants, all appeals were ignored while the reports of the military intelligence services, based on false confessions, were upheld. 31. The Working Group also considers that article 108 of the Code of Criminal Procedure, which allows unlimited detention for certain crimes such as State security offences, is also contrary to article 9 of the Covenant. 32. Another concern is that the Justice Council, which is hearing or is to hear the trials in the case at hand, does not meet the necessary conditions to constitute an independent and impartial tribunal. The Council of Ministers decides which cases are to be referred to the Justice Council, contrary to the principles of separation of powers and independence of the judiciary. In addition, the Justice Council is a special court competent to try violations of national security or unity. Its decisions are final and without appeal. In this case, the problems associated with the Justice Council’s lack of independence and impartiality are exacerbated by the fact that one of the victims was sentenced to death. 33. In addition, the Justice Council relies entirely on preliminary investigations carried out by other security services, notably the military intelligence services, which means that confessions extracted under torture are often used against the accused without any other corroborating material evidence. Therefore, the trial and conviction of the accused by this court is contrary to article 14, paragraph 1, of the Covenant, which provides that everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law, in the determination of any criminal charge against them, or of their rights and obligations in a suit at law. 34. Given that, in the case of those convicted, sentence was handed down after more than five years in pretrial detention, and that, in the case of the 61 people awaiting trial, pretrial detention continues to this day, the right of the 72 persons currently in detention to be tried without undue delay, in accordance with article 14, paragraph 3 (c), of the Covenant, must be deemed to have been violated. The trial and sentencing of the detainees were also conducted in violation of article 14, paragraph 3 (g), of the Covenant, which guarantees the right not to be compelled to testify against oneself or to confess guilt. 35. In addition, the Working Group wishes to reiterate its concern about the treatment of refugees, immigrants, and foreigners in the country, as indicated in previous opinions (for example, opinions Nos. 2011/14, 2011/55 and 2012/44). Disposition 36. In the light of the foregoing, the Working Group renders the following opinion: The deprivation of liberty of the above-mentioned persons is arbitrary, being in contravention of articles 9, paragraphs 1 to 4, and 14 of the International Covenant on Civil and Political Rights, and falls within categories I and III of the criteria applicable to the consideration of cases submitted to the Working Group. 37. Accordingly, the Working Group requests the Lebanese Government to take the necessary measures, without delay, to remedy the situation and bring it into conformity with the standards and principles set forth in the Covenant and other relevant international standards. A/HRC/WGAD/2014/57 GE.15-09134 7 38. The Working Group considers that, in light of all the circumstances in the specific case, the proper remedy would be the immediate release of the detainees and the granting of reasonable and appropriate reparation in accordance with article 9, paragraph 5, of the Covenant. Reparation is also due to those who have already served their prison sentences or were released without trial. 39. The Working Group refers the allegations of ill-treatment that have been made and not contested in this case to the Special Rapporteur on the question of torture for appropriate action. [Adopted on 21 November 2014] A/HRC/WGAD/2014/57 8 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 1 Mohammed Ali Najem محمد علي نجم Palestinian Syrian 1980 Nahr al Bared Camp Nahr al Bared Camp 10/02/2007 2 Khodor Soleiman Al- Meree/ Mother’s name: Wardeh خضر سليمان المرعي Lebanese 1974 Wadi Khaled [Akkar, Northern Lebanon] Wadi Khaled 19/05/2007 3 Mahmoud Medhat Al- Andouri محمود مدحت اندوري Lebanese 1985 Banyas Tripoli 25/05/2007 4 Bilal Ahmed Ismail Al Masri بالل أحمد إسماعيل المصري Lebanese 1987 Tripoli Tripoli 13/06/2007 5 Talal Adul Rahman Radwan طالل عبدالرحمان رضوان Lebanese 1978 Tripoli Tripoli 02/07/2007 6 Amer Mustafa Al-Jasem عامر مصطفى الجاسم Lebanese 1978 Tripoli Tripoli 02/07/2007 7 Ahmed Ali Kobeiter أحمد علي قبيطر Lebanese 1978 Qalmon/Tripoli Qalmon 05/07/2007 8 Yaser Na’eem Hasan ياسر نعيم حسن Palestinian 1975 Nahr al Bared Camp Nahr al Bared Camp 07/07/2007 9 Jihad Saeed Mawed/ Mother’s name: Fatima جهاد سعيد موعد Palestinian 1972 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 10 Ziad Jamil Badran/ Mother’s name: Aziza زياد جميل بدران Palestinian 1984 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 11 Simon Ahmed Ibrahim/ Mother’s name: Soumayeh سيمون أحمد إبراهيم Palestinian 1973 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 12 Firas Mohammed Awad/ Mother’s name: Aminah فراس محمد عوض Palestinian 1983 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 13 Moueen Badei Wehbe معين بديع وهبي Palestinian 1961 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 14 Nizar Ahmed Al-Ashkar نزار أحمد األشقر Palestinian 1970 Nahr al Bared Camp Nahr al Bared Camp 11/07/2007 15 Mohammed Souleiman Merei محمد سليمان المرعي Lebanese 1968 Wadi Khaled Nahr al Bared Camp 20/07/2007 A/HRC/WGAD/2014/57 GE.15-09134 9 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 16 Mohammed Jamil Kasim/ Mother’s name: Zahiyeh محمد جميل قاسم Palestinian 1982 Kuwait Nahr al Bared Camp 20/07/2007 17 Wisam Jamil Badran/ Mother’s name: Aziza وسام جميل بدران Palestinian 1976 Nahr al Bared Camp Nahr al Bared Camp 20/07/2007 18 Mohammed Moueen Wehbe/ Mother’s name: Khadija محمد معين وهبي Palestinian 1986 Nahr al Bared Camp Nahr al Bared Camp 25/07/2007 19 Yousof Saleh Al-Moghrabi/ Mother’s name: Fatima يوسف صالح المغربي Palestinian 1968 Nahr al Bared Camp Nahr al Bared Camp 27/07/2007 20 Jamaluddeen Mustafa Malas جمال الدين مصطفى ملص Lebanese 1977 Minieh Tripoli 29/08/2007 21 Mohamed Mahmoud Shaaban محمد محمود شعبان Lebanese 1986 Sidon Sidon 29/08/2007 22 Mohammed Kasim Al- Saadi محمد قاسم السعدي Palestinian 1971 Nahr al Bared Camp Nahr al Bared Camp 30/08/2007 23 Basheer Bin Mohammed Al-Tayyeb Al-Armani بشير بن محمد الطيب األرماني Tunisian 1985 Joemin/Benzart Nahr al Bared Camp 28/09/2007 24 Husam Fouad Khalil حسام فؤاد خليل Palestinian 1980 Nahr al Bared Camp Nahr al Bared Camp 28/09/2007 25 Mohammed Khalaf Mohammed Al-Jabri محمد خلف محمد الجابري Omani 1984 Sultanate of Oman Nahr al Bared Camp 28/09/2007 26 Nasru-deen Oddah Balkayim نصرالدين عدة بلقايم Algerian 1986 State of Teyyarat/ Algeria Nahr al Bared Camp 28/09/2007 27 Mohammed Hamzeh Al- Sheikh Othman محمد حمزة الشيخ عثمان Syrian 1986 Homs Nahr al Bared Camp 28/09/2007 28 Ahmed Hasan Al-Labash أحمد حسن اللبش Syrian 1979 Dara Nahr al Bared Camp 28/09/2007 29 Ahmed Ali Ahmed أحمد علي أحمد Palestinian 1983 El-Mina/Tripoli Beddawi Camp 02/10/2007 30 Husein Hasan Al-Latif حسين حسن اللطيف Syrian 1986 Abu Kamal/Syria Nahr al Bared Camp 02/10/2007 A/HRC/WGAD/2014/57 10 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 31 Amer Salem Souleiman Al- Seirai عامر سالم سليمان السعيري Saudi 1985 Sharoura Nahr al Bared Camp 02/10/2007 32 Mubarak Naji Amer Al- Korbi مبارك ناجي عامر الكربي Saudi 1986 Najran/Sharorah Nahr al Bared Camp 02/10/2007 33 Nasser Mohammed Shiba ناصر محمد شيبة Yemeni 1983 Najran, Saudi Arabia Nahr al Bared Camp 02/10/2007 34 Ezz al-Din Abdul Qadir Bin Musa عز الدين عبد القادر بن موسى Algerian 1975 Hussein Dey Nahr al Bared Camp 02/10/2007 35 Fathi Bin Nasr Bin Hasan Al-Asadi فتحي بن ناصر الحسن العصادي Tunisian 1982 Welad Bo Afeia Kesra Nahr al Bared Camp 02/10/2007 36 Ashraf Yousuf Abu Zeinab أشرف يوسف أبو زينب Syrian 1987 Latakia [Syria] Nahr al Bared Camp 02/10/2007 37 Abdallah Saaduddeen Shukri عبدهللا سعدالدين شكري Syrian 1986 Latakia [Syria] Nahr al Bared Camp 04/10/2007 38 Ahmed Zakaria Al-Sheikh أحمد زكريا الشيخ Origin: Syrian Palestinian 1979 Syria Nahr al Bared Camp 26/10/2007 39 Ahmed Bassam Kasem أحمد بسام قاسم Origin: Syrian Palestinian 1985 Sayda Zeinab/ Damascus Nahr al Bared Camp 26/10/2007 40 Ahmed Kayed Habbous أحمد كايد حبوس Palestinian 1986 Tyre Nahr al Bared Camp 26/10/2007 41 Ayedh Moubarak AL- Kahtani عايض مبارك القحطاني Saudi 1985 Riyadh Nahr al Bared Camp 26/10/2007 42 Munir Ahmed Mohamed منير احمد محمد Palestinian 1980 Nahr al Bared Camp Nahr al Bared Camp 26/10/2007 43 Ezzeddene Abdul-Kader Bin Mousa عزالدين عبدالقادر بن موسي Algerian 1975 Algeria Nahr al Bared Camp 27/10/2007 44 Khalid Ahmed Awad خالد أحمد عوض Syrian Palestinian 1981 Al-Ae’deen camp/ Hama/Syria Nahr al Bared Camp 31/10/2007 45 Talal Moslim Saleh Al- Seiari طالل مسلم صليع الصعيري Saudi 1984 Sharoura Saudi Arabia 31/10/2007 A/HRC/WGAD/2014/57 GE.15-09134 11 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 46 Mohammed Ahmed Yasine محمد أحمد ياسين Palestinian 1987 Yarmouk Camp Nahr al Bared Camp 31/10/2007 47 Nizar Farouk Al-Hasan نزار فاروق الحسن Syrian 1988 Aleppo [Syria] Nahr al Bared Camp 31/10/2007 48 Hamza Daham Qwaider حمزة دحام قويدر Syrian 1983 Hama Nahr al Bared Camp 31/10/2007 49 Mohamed Hussein Rahal محمد حسين رحال Syrian 1972 Idlib Nahr al Bared Camp 31/10/2007 50 Sergei Vladimir Fssonatski سرغاي فالديمير فيسوتسكي Russian 1989 Nalchik Nahr al Bared Camp 10/11/2007 51 Szenasi Iadhikar Aceh شيناسي ياديكار آتش German 1982 Boslar Nahr al Bared Camp 10/11/2007 52 Fadi Adel Khalid فادي عادل خالد Palestinian 1972 Beirut Nahr al Bared Camp 10/11/2007 53 Mohammed Mahil Al- Mteiri محمد محيل المطيري Saudi 1983 Qassim/Buraida Nahr al Bared Camp 10/11/2007 54 Taha Ahmed Hadji- Souleiman طه أحمد حجي سليمان Syrian 1982 Latakia [Syria] Nahr al Bared Camp 10/11/2007 55 Adnan Khodor Najjar عدنان خضر نجار Palestinian 1983 Beirut Al-Mazra’a Nahr al Bared Camp 10/11/2007 56 Naser Ahmed Ismail ناصر أحمد إسماعيل Palestinian 1961 Nahr al Bared Camp Nahr al Bared Camp 15/01/2008 57 Obeida Ali Tawele عبيدة علي طويلة Palestinian 1984 Nahr al Bared Camp Nahr al Bared Camp 13/02/2008 58 Nader Ahmad Al Qasem نادر أحمد القاسم Palestinian 1982 Nahr al Bared Camp Nahr al Bared Camp 15/04/2008 59 Alaa Saleh Aref Haj Mahmoud عالء صالح عارف الحاج محمود Palestinian 1983 Nahr al Bared Camp Nahr al Bared Camp 26/04/2008 A/HRC/WGAD/2014/57 12 GE.15-09134 Name Name in Arabic Nationality Year of birth Place of birth Address Date of arrest 60 Raafat Fouad Al-Khalil رأفت فؤاد خليل Palestinian 1979 Nahr al Bared Camp Nahr al Bared Camp 25/04/2009 61 Salim Ali Abdul-Karim Saleh سليم علي عبدالكريم صالح Yemeni 1983 Aden Nahr al Bared Camp 28/09/2007 62 Bilal Khodor Ibrahim بالل خضر إبراهيم Lebanese 1983 Sheikh-Taba/ Akkar Tripoli 30/04/2007 63 Zakaria Abdul-Manaf Khodor زكريا عبدالمناف خضر Lebanese 1976 Deddeh/ Northern Lebanon Tripoli 04/05/2007 64 Ahmed Fayez Safarjelani/ Mother’s name: Nadia أحمد فايز سفرجالني Lebanese 1979 Tripoli Tripoli 25/05/2007 65 Abdul Razzaq Mohammed Al-Ali/Mother’s name: Rajaa عبد الرزاق محمد العلي Lebanese 1979 Eyat/Akkar Tripoli 05/06/2007 66 Fayez Mohammed Abadan/ Mother’s name: Souad فايز محمد عبدان Lebanese 1965 Beirut Al-Mazra’a Beirut Al-Mazra’a 08/06/2007 67 Othman Mohammed Ibrahim عثمان محمد إبراهيم Lebanese 1978 Al-Mankoubin/ Al-Baddawi/ Tripoli Tripoli 11/06/2007 68 Abdul-Kadir Mustafa Sanjakdar/ Mother’s name: Najah عبدالقادر مصطفى سنجقدار Lebanese 1964 Tripoli Tripoli 13/06/2007 69 Ahmad Souleiman Merei أحمد سليمان مرعي Lebanese 1981 Wadi Khaled Nahr al Bared Camp 20/07/2007 70 Younis Khalid Shibli يونس خالد شبلي Palestinian 1987 Sidon Tameer district 29/08/2007 71 Nouri Nasr Al-Mahmoud Al-Hadji نوري نصر المحمود الحجي Syrian 1981 Hama Nahr al Bared Camp 10/11/2007 72 Muhammed Salih Al- Zawawi محمد صالح زواوي Palestinian 1972 Yarmouk Camp Nahr al Bared Camp 15/01/2008