SOLIDA - The Hariri Investigation: Human Rights Violations Jeopardize the Uncovering of the Truth

At least 8 individuals are believed to be detained in the central prison of Roumieh as part of the investigation into the February 14, 2005 assassination in Beirut of former Prime Minister Rafic Hariri.

An International Investigation Commission, first headed by Mr. Detlev Mehlis, then by Mr. Serge Brammertz, has been conducting the inquiry into the assassination in coordination with the Lebanese judiciary. At least 8 individuals are held as part of this investigation. They are:

- Ayman TARABAY
- Mustapha Talal MESTO
- Ahmad ABDEL AAL
- Mahmoud ABDEL AAL
- General Jamil AL SAYED
- General Raymond AZAR
- General Ali EL HAJ
- General Mustapha HAMDANE

These 8 individuals have now been held for more than a year without any charges having being brought against them in the case. Their arrest, depending on each individual case, was based on either the recommendations made by the International Investigation Commission or investigations conducted by the Lebanese judiciary. Yet, more than a year after their arrest, it appears that no evidentiary material was uncovered to formally indict these individuals. The Brammertz Commission’s latest report dated December 12, 2006 explicitly states that the Commission has conveyed information to the Lebanese judiciary “concerning individuals who are being held, which will help the Lebanese authorities take measures they deem appropriate or necessary regarding their detention” and reaffirms the sole responsibility of the Lebanese judiciary in decisions pertaining to the continued detention of these persons.

These statements have not been acted on and it is therefore apparent that these individuals are today victims of arbitrary detention, since no accusations or charges have been held against them that could justify their continued detention. Their detention is presumed to be under the applicable procedures pertaining to the operation of the Judicial Council, which is the highest judiciary authority in the country, and authorizing the indefinite detention of suspects. However, this provision is in violation of Article 9.2 of the International Covenant on Civil and Political Rights to which Lebanon is a signatory and which stipulates that “Anyone who is arrested (…) shall be promptly informed of any charges against him.”

Furthermore, their detention conditions are questionable to the extent that the individuals have been subjected to prolonged isolation from the beginning of their detention period, which was recognized as early as 1992 by the United Nations Committee on Human Rights as a violation of Article 17 of the International Covenant on Civil and Political Rights prohibiting torture and cruel, inhuman and degrading treatment.

Only Ayman Tarabay and Mustapha Talal Mesto have been recently given a reprieve against this inhuman treatment, when they were transferred on December 7, 2006 to another section of the prison where they are no longer in isolation, after 1 year and 3 months in total isolation.

According to some information, Ahmad Abdel Aal, Ayman Tarabay and Mustapha Talal Mesto also suffer from serious health problems.

At this time, we request Examining Judge Elias Eid and Prosecutor Said Mirza to take the required decisions pertaining to these detentions in order to avoid that arbitrary detentions, which are already prolonged, and ill treatments occur prior to the convening of the International Tribunal whose work would then be marred by procedural irregularities under international law.

Moreover, we again remind the Lebanese authorities of the existing prohibition against any ill treatment of the detainees, the principle of the presumption of innocence, and Lebanon’s international commitments, particularly the International Covenant on Civil and Political Rights which stipulates the norms pertaining to the right to a fair trial.

SOLIDA reserves its right to file a complaint with the competent authorities at the international level to investigate the judicial status of these individuals.

Beirut
January 25, 2007