LCCC NEWS BULLETIN
MAY 24/2006

Below news bulletins from the Daily Star for 24/05/06
Amnesty International Report 2006
Nasrallah: 'thousands' of rockets still at the ready
Berri walks out of House over challenge from former minister
Booby-trapped stereo kills woman, wounds 6 relatives
Amnesty finds many abuses in Lebanon
Western cops offer advice on how to strengthen ISF
Haddad defends bread decision
US envoy explains counterterror policies
Cabinet speeds up plan to have security forces collect Palestinian arms
Solidere inks deal to make all of BCD an Internet 'hot zone'
Jailed Syrian lawyer on hunger strike
Syria's regime writes its future in the sand.By Robert G. Rabil
Below news bulletins from miscellaneous sources for 24/05/06
Report: US hunting Hizbullah cells-Ynetnews
Between politics and war: Hezbollah in the spotlight-Open Democracy
Russia pledges to work for stability in Lebanon-Xinhua
Syria: Activists accused of overthrow plot-UPI
Former Political Enemies Join in Exile to Push for Change New York Times
An unlikely pair of exiles pushing for change in Syria-International Herald Tribune
Syria reacts to UN pressure by imprisoning dissidents-AsiaNews.it
La Shish owner tied to terror, prosecutors say-Detroit Free Press
Hizbullah Marks Israeli Withdrawal From Lebanon-Arutz Sheva
Amnesty International Country Report: Lebanon 2005-CGGL.org
PA minister: Syria to train PA police-Jerusalem Post
Lebanon aims to regulate flow of labour from Syria-Financial Times

Report: US hunting Hizbullah cells
Sources tell New York Post terror group may be planning to activate sleeper cells in New York, other big cities to stage attack as nuclear showdown with Iran heats up; FBI, Justice Department launch investigations targeting Hizbullah members, report says. ‘Hizbullah is a group that the U.S. has to be concerned about in the current climate,’ terror expert says
Ynet
Sources told the New York Post that Hizbullah may be planning to activate sleeper cells in New York and other big cities to stage an attack as the nuclear showdown with Iran heats up.
The FBI and Justice Department have launched urgent new probes in New York and other cities targeting members of the Lebanese terror group, the Post said. Law-enforcement and intelligence officials told The Post that about a dozen hard-core supporters of Hizbullah have been identified in recent weeks as operating in the New York area.
Sources said the activities of these New York-based operatives are being monitored by FBI counterterrorism agents as part of a nationwide
effort to prevent a possible terror strike if the confrontation with Iran over its nuclear program spins out of control. According to the Post, additional law-enforcement attention is being centered on the Iranian Mission to the United Nations, where there have already been three episodes in the last four years in which diplomats and security guards have been expelled for casing and photographing New York City subways and other potential targets.
The nationwide effort to neutralize Hizbullah sleepers in the United States, headed by the FBI and the Justice Department's counterterrorism divisions, was launched in January in response to reports that Iranian President Mahmoud Ahmadinejad met with leaders of Hizbullah and other terror groups during a visit to Syria.
Among those attending the meetings, according to reports, was Hizbullah’s chief operational planner, Imad Mugniyah, who is responsible for the bombings of the 1983 U.S. Marine barracks in Beirut and who, more recently, provided Iraqi guerrillas with sophisticated explosive devices.
They are well funded and very well organized'
The Post reported that U.S. officials stressed there is no intelligence information pointing to an imminent attack by Hizbullah.
However, officials did say that they have detected increased activity by Hizbullah operatives - including more heated rhetoric by its leaders and in internet chat rooms as the U.S.-Iran showdown heats up.
"Hizbullah is a group that the U.S. has to be concerned about in the current climate. It is already coming under heavy pressure by the Cedar Revolution in Lebanon, and Ahmadinejad is under pressure on the nuclear issue," the Post quoted terror expert Walid Phares as saying.
"They are well funded, very well organized, and we assume that their penetration of the U.S. is deeper than al Qaeda's. It is only rational for the U.S. to think in pre-emptive ways. An attack here is clearly in the realm of the possible," Phares said.
The Post said Hizbullah has so far limited its activities in the United States to fund-raising and criminal enterprises. The FBI has already taken down two major rings, one in Charlotte, N.C., and one in Detroit, in which members were smuggling cigarettes, Viagra and baby formula, and sending profits back to Hizbullah,” the report said.
Hizbullah says won't aid Iran if US attacks
Meanwhile, Lebanon's Hizbullah, a close ally of Iran, would not jump to Tehran's defence if the U.S. launched a strike against its nuclear programme but would step in if the conflict spread to Lebanon, its deputy chief said on Monday.
Sheikh Naim Kassem told Reuters that the guerrilla group, which was established by Iran in the early 1980s but has since grown into a political party with 14 seats in parliament, had no plans to get involved in regional battles.
"Hizbollah is not a tool of Iran, it is a Lebanese project that implements the demands of Lebanese," Kassem said in an interview in the Hizbollah-controlled southern suburb of Beirut.
"Iran is a big country with real capabilities and can defend itself if it is exposed to American danger."
***Reuters contributed to this report

Between politics and war: Hezbollah in the spotlight
Abigail Fielding-Smith
22 - 5 - 2006 -Hezbollah has attracted Iranian friendship and US hostility since its emergence during Lebanon's civil war. With regional tensions rising, the leading Islamist group is now at a crossroads, says Abigail Fielding-Smith.
As storm clouds gather over Tehran and Washington, one of Iran's closest friends, Hezbollah, stands in the international spotlight. Hezbollah ('Party of God') emerged from a radical Shi'a social movement during the Lebanese civil war and earned a permanent place in the United States' annual list of terrorist organisations when one of its precursor militias sent suicide bombers to the US military barracks in Beirut in 1983. Its military wing Islamic Resistance fought the Israelis in South Lebanon, with the assistance of Syria and Iran. Since the conflict's end in 1990, and particularly since the Israeli withdrawal from South Lebanon in 2000, Hezbollah's continued possession of an indeterminate number of Fajr 3, Fajr 5 and Katyusha rockets has provided a headache for Lebanese politicians, an affront to American sensibilities, an obstacle to Israeli power in the region, and an invaluable source of leverage for its sponsors.
US policy on Hezbollah oscillates between active intolerance and wariness. Intolerance is currently in the ascendancy. Israeli prime minister Ehud Olmert arrived in Washington on Sunday, intending to talk to US president George Bush about, among other things, Hezbollah's links with Iran. Earlier this month a former head of Israeli military intelligence warned that Iran was likely to respond to a military attack by unleashing Hezbollah's force on northern Israel, a concern emphasised by a recent Israeli Defence Forces military exercise on the border to test "operational readiness".
In New York the US ambassador to the United Nations, John Bolton, has expressed disappointment that a draft security council resolution on Lebanon tabled last week did not mention Hezbollah's disarmament more explicitly. In Lebanon itself heavyweight figures have begun openly to oppose the Islamic Resistance. "Hezbollah must disarm now," Druze leader Walid Jumblatt said recently in an interview. "No more excuses."
But despite the obvious temptations of siding with Jumblatt, international policymakers are finding that the hard-line approach is a blunt tool. Hezbollah is now a mainstream political party with a minister in the cabinet. It commands considerable respect across all sections of Lebanese society for its successful campaign against Israel, and it has forged an effective, if incongruous, political coalition opposed to calls for its disarmament. Reflecting the reduced but still powerful influence of Syria, the coalition has forcefully linked the disarmament demand with Iraq and Palestine, portraying it as part of a pattern of western 'imperialism' in the middle east. Thus the louder the calls for Hezbollah's disarmament, the more entrenched the opposition becomes.
That Hezbollah has been able to do this is testament to the pragmatism of its secretary general, Sheikh Nasrallah. Throughout the nineties Hezbollah's military activities took place – for the most part – within a set of 'red lines' agreed with the Lebanese government. For the resistance to be effective it had to be seen to serve Lebanon's interest at least as much as those of its sponsors. A concerted public relations campaign, aided by the launch of a Hezbollah TV station, al-Manar, sought to establish the Party of God as a national liberation movement, not a Shi'ite militia. Such was the success of this strategy that the then prime minister Rafik Hariri remarked in 1996 that to oppose the resistance would be "political suicide".

Also on Hezbollah and Lebanon in openDemocracy:
Paul Rogers, "Hizbollah's warning flight"
(May 2005)
Zaid Al-Ali, "Lebanon's pre-election hangover" (May 2005)
Hazem Saghieh, "Lebanon's election, no solution" (June 2005)
Alex Klaushofer, "After Syria" (October 2005)
Hazem Saghieh, "Syria and Lebanon: keeping it in the family", (December 2005)
When Hezbollah first stood for elections in 1992, which in Lebanon's complex multiconfessional system meant sharing a slate with Christian, Druze and Sunni candidates, its previously stated goal of creating an Islamic republic in Lebanon was tactfully side-stepped. Instead, Nasrallah declared "a pillar of our movement is the need to respect others, whether Muslim or non-Muslim, and to forge relations with them".
A lot of Hezbollah's political support comes from its provision of basic social services in the Shi'a heartlands, much of which is underwritten by Iranian subsidies. This goes beyond ostentatious displays of generosity: Hezbollah transports about three hundred tonnes of rubbish every day out of the Shi'ite suburbs of Beirut. Hezbollah's high quality and affordable schools and hospitals in South Lebanon are attended by many Christians.
The real threat to Hezbollah does not therefore come from western attempts to "take them down", as former US deputy secretary of state Richard Armitage once put it. It comes from Lebanese calls for their demands to be met. Lebanese PM Fouad Siniora, an ally of Hariri and, in the current political configurations, part of the 'pro-west' alliance, came to London earlier this month to, in his words, "ask Tony Blair to ... put the necessary pressure on Israel to withdraw from Shebaa farms".
Since the Israeli army's withdrawal from South Lebanon in 2000, Hezbollah has continued to fight Israel in the Shebaa farms, a twenty-five square kilometre strip of land which both Syria and Lebanon claim to be Lebanese, but which the UN classifies as Syrian, and therefore not covered by Resolution 425 calling for complete Israeli withdrawal from Lebanon.
Despite – or perhaps because of – its importance, the Shebaa farms issue has long been a diplomatic dead-end. However, under the direction of Special Envoy Terje Larsen, the UN has shown willingness to reconsider the issue. Siniora sat down with Larsen in New York last month and discussed what was needed for the Shebaa farms to be reclassified as Lebanon. The main requirement is for Syria to show the UN maps relating to the period, which it has so far been reluctant to do, preferring the ambiguity. But as investigations continue into Syria's role in the Hariri assasination, cooperation on border demarcation could become a card worth playing.
The question remains as to whether the US would put pressure on Israel to withdraw. US policymakers still have a tendency to regard Hezbollah with certain hysteria. Olmert himself is said to be open to the idea, but has to weigh up the uncertain benefits of withdrawal against the political fall-out from his West Bank disengagement. Nonetheless a UN diplomat involved in the negotiations says that there is a "real chance" of movement on the Shebaa farms issue.
What would happen to the 'Party of God' if Israel withdrew from Shebaa farms? Some claim that it would simply pour through early twentieth century territorial commissions to discover some other disputed piece of occupied land to justify keeping its arsenal. But the continuation of armed struggle has been dependent on Lebanese public opinion as much as on legal technicalities, and such a strategy would win Hezbollah few friends outside of the Shi'ite South. The most likely scenario would be for the group to retain some of its arsenal, but under a symbolic integration into the Lebanese army.
Resistance to Israel is the ideological glue that has kept Hezbollah's pragmatists and hard-liners together all these years, and some believe that Nasrallah would step up the policy announced in 2000 of "greater interference" in the Palestinian intifada. Again though, the extent and nature of this 'interference' would have to be within the limits of what Lebanese public opinion would tolerate.
Deprived of military leverage, Iran might cut back on funding for Hezbollah's social programmes. But according to Hezbollah expert Judith Harik, poverty amongst the Lebanese Shi'a is so dire that even with reduced funding "the more modest services that the Party of God could provide would continue to serve its religious and political goals".
Could Hezbollah then return to its roots as a social justice movement? It seems implausible, but since its explosive arrival on the scene in the 1980s it has displayed a protean ability to reinvent itself and adapt to the times. Fortunately for the hard-liners however, US grandstanding means that their rockets won't be converted into refuse trucks in for a while yet.

Lahoud uses Liberation Day to take swipe at Siniora
By Mohammed Zaatari and Nafez Qawas
Daily Star correspondent
Wednesday, May 24, 2006
SOUTH LEBANON: President Emile Lahoud Tuesday described Liberation Day as "a historic day, not only for Lebanon but for the whole Arab world." Speaking to a delegation of youth organizations and students at Baabda Palace, Lahoud said he considered the liberation of the South from Israeli occupation a "significant accomplishment" that should be taught by military academies worldwide.
Hizbullah's arms "should continue to exist and be backed by the army," the president added. "Calls to integrate the resistance into the army will weaken Lebanon and make it susceptible to Israel's ambitions."
Taking a swipe at Prime Minister Fouad Siniora, Lahoud told the delegation "whether or not Liberation Day is a national holiday, it is certainly a date that will never be forgotten, even by those who opposed turning it into a holiday."
Liberation Day commemorates the Israeli withdrawal from South Lebanon on May 25, 2000.
Once more targeting the government, Lahoud said Lebanon "wants fraternal relations with Syria," adding that "insults targeting Syria will harm our country and national interests."
He slammed the "illusive majority," saying "only a fair electoral law will determine who are the real majority and real minority in the country."
Commenting on former Prime Minister Rafik Hariri's assassination, the president said "we are all eager to uncover the whole truth" as the late premier's death had "turned things upside down."
He had far harsher words however, for recent allegations of his involvement in the Al-Madina Bank scandal.
"This case was used to fabricate stories and circulate rumors about our involvement," he said. "I was the first to call for conducting investigations into the scandal. Let the Lebanese be aware of who was responsible for embezzling funds."
Meanwhile, Higher Shiite Council Vice President Sheikh Abdel-Amir Qabalan urged the country to mark Liberation Day as a symbol of unity between the Lebanese, the army and resistance, while confronting the Zionist enemy.
"Lebanon needs the unity of its people," he said, adding that all agreements reached during the national dialogue must be implemented, notably "improving Lebanese-Syrian relations."
The sheikh called on the people to "cling to the resistance that proved its capability to liberate the land and face any Israeli attack."Accordingly, "the resistance's weapons should not be discussed in the absence of a defensive strategy aiming at guarding the country against future Israeli attacks," he said. Hizbullah is making preparations for joint celebrations of Lebanese Detainees Day and Liberation Day, May 23 and May 25 respectively, to be held Thursday.
The party erected Tuesday a six-meter wide billboard on the Zahrani highway in Sidon displaying a photo of Samir Qantar, the longest held Lebanese detainee in Israel, and detainees Nassim Nisr, Yahya Skaff and Mohammad Farran.
The billboard read: "... and we will not leave our detainees." Among the officials present for the board's unveiling were Lebanese Association for Detainees president Atallah Hammoud, Sidon Mayor Abdel-Rahman Bizri, Qantar's brother Bassam and Hizbullah official Ali Daoun.
Preparations are also under way for a festival to be held in Tyre Thursday attended by Hizbullah Secretary General Sayyed Hassan Nasrallah and the country's political leaders. Hizbullah members have worked for the past 10 days to clean a deserted plot of land and surround it with Lebanese and resistance flags. One banner above the plot read: "Thank you resistance, we recovered our freedom." Hizbullah official Abdullah Nasser said the "only political speech [Thursday] will be delivered by Nasrallah," adding that he had "no idea whether Syrian or Iranian officials will attend the ceremony."

Nasrallah: 'thousands' of rockets still at the ready
By Adnan El-Ghoul - Daily Star staff
Wednesday, May 24, 2006
BEIRUT: Hizbullah leader Sayyed Hassan Nasrallah repeated on Tuesday his warning that the resistance had "thousands" of rockets capable of hitting Israel at any time. Speaking during a "resistance culture" conference in Beirut on the eve of the sixth anniversary of Israel's withdrawal from South Lebanon, Nasrallah said the resistance is the only feasible strategy for defending Lebanon against future and current Israeli threats and violations, even should the Shebaa Farms be liberated.
"The Israelis know we have rocket deterrent capabilities. If today I go on television to tell the residents of the (northern Israeli) settlements that they should go down to the shelters, they will all be in Tel Aviv in no time," he said.
Nasrallah said the resistance's views on how to build a realistic defense strategy for Lebanon depended on how Israel's weaknesses and strengths were calculated in comparison with those of Lebanon.
The cleric said Israel's weakest point lied on its northern border with Lebanon.
However, the resistance leader did not deny Israel's superiority in almost every strategic and military aspect. "Because of this superiority, Lebanon must consider the high risks in case it has no defensive means or strategy to deter the Israeli attacks or confront them," he said.
Before looking at strategic plans, Nasrallah said, Lebanon's political parties must first define the enemy.
"Some political leaders do not agree that Israel is the enemy. Others believe we can rely on international protection," he added. "We believe Israel is still the enemy and our resistance proved that Israel can be defeated, while all other options have proven wrong for as long as Israel has existed."He continued: "To merge the resistance into the classical Lebanese Army is not a realistic option because this will weaken the Lebanese position in facing the much superior Israeli Army. Our army can never match the Israeli Army equipment or its experience."Nasrallah objected to those "in opposite parties who chose to discuss my presentation with misleading distortion in the media, after refusing to present their views or discuss ours during the session, (instead) asking for more time to study them."Nasrallah said he felt "obliged" to reveal the resistance's views to the media openly to allow the public to discuss "the original version."
"Some politicians think of the arms issue as a problem, while we believe the resistance's arms can be one element of a comprehensive defense strategy that does not exclude all other economic, social and cultural elements," he said.
"We cannot give up the arms that represent one of our main points of strength unless we are na•ve enough to give our enemies a free gift," he added.Nasrallah said Hizbullah would be happy to discuss any other options or plans to safeguard Lebanon's sovereignty and independence.

Booby-trapped stereo kills woman, wounds 6 relatives
Wednesday, May 24, 2006
A woman was killed and six other people were injured in Beirut's Tarik al-Jdideh neighborhood when she plugged in a booby-trapped stereo set that was sent to her family as a gift, An-Nahar reported on Tuesday. It said the package was delivered three days before to the family by a driver who did not know who the sender was.
The parcel, which was wrapped as a gift, contained the stereo set, some food items and other objects, the article said.
Shortly after the package was opened, the family received an anonymous phone call telling them that the sound system contained a tape with important information. When one of the women in the family plugged in the stereo it exploded, killing her instantly and wounding six of her relatives, the paper said. An-Nahar said interior security forces have arrested a suspect who is in discord with the family. - Naharnet

US envoy explains counterterror policies
'Al-qaeda, for example, poses a threat to the security' of both countries
By Therese Sfeir -Daily Star staff
Wednesday, May 24, 2006
BEIRUT: The US State Department Coordinator for Counterterrorism said Tuesday that he was in Lebanon "to explain aspects of America's counterterrorism policy of concern to Lebanese decision-makers," so as to safe-guard both the US and Lebanon against terrorist networks - such as Al-Qaeda. Ambassador Henry Crumpton arrived in Beirut Tuesday to meet with Lebanese officials and politicians and discuss coordination and aid in the field of counterterrorism. In remarks following his visit to Justice Minister Charles Rizk, Crumpton said: "My visit today follows the visits to Lebanon earlier this month of my Department of State colleagues, Assistant Secretary of State for Political-Military Affairs John Hillen and Assistant Secretary of State for International Organization Affairs Kristen Silverberg."
"I am here to explain aspects of US counterterrorism policy of concern to Lebanese decision-makers, and to answer their questions in detail. I will also explore mutually beneficial areas of cooperation between our two countries."
He continued: "The Al-Qaeda network, for example, poses a threat to the security of both Lebanon and the United States. If we can help Lebanon build its capacity to face Al-Qaeda threat, then it is in our interest - and Lebanon's - to do so."
He also conveyed "President George W. Bush's strong commitment to Lebanon and to the Lebanese people to support their vision of a secure, sovereign and independent country."
A statement issued by the US Embassy said "Crumpton's visit is one of a series of high-level visits from US officials and reflects the strong commitment of the United States to Lebanon's future as expressed by President Bush during Prime Minister Fouad Siniora's visit to Washington last month."
Crumpton also stressed "the concern of the US Government about recent reports of arms being smuggled into Lebanon from across the Syrian border." "I note that UN Security Council Resolutions 1559 and 1680 both reiterate respect for Lebanon's territorial integrity and concern about arms movements into Lebanon's territories," he said.
Crumpton added that he had "no doubt that the Lebanese people - with their own tragic history of civil war - recognize the threat this poses to their own security."
The ambassador conveyed to Rizk "the condolences of the US Government on the loss of Lebanese Armed Forces soldier Mustafa Medlej as the result of a shooting near the Lebanese-Syrian borders."
Crumpton met Tuesday with the leader of the Free Patriotic Movement, MP Michel Aoun at his residence in Rabieh. He also held separate talks with Foreign Affairs Minister Fawzi Salloukh in the presence of US Ambassador Jeffrey Feltman. Talks during the meeting focused on the US policy in fighting terrorism and how to face this threat in Lebanon. In addition, Crumpton met with acting Interior Minister Ahmad Fatfat to discuss how the ministry's resources could be improved in the face of increasingly unpredictable terror groups.

Jailed Syrian lawyer on hunger strike
Wednesday, May 24, 2006
DAMASCUS: Prominent Syrian lawyer and rights activist Anwar Bunni has been on hunger strike since his arrest six days ago as part of a crackdown on opposition figures seeking better ties with Lebanon, a lawyer said Tuesday. "Mr. Bunni told me that he has been on a hunger strike since Wednesday as a protest action against his arrest," Khalil Maatouk said. "Two other arrested people said they have been beaten," according to Maatouk, who said that he had visited a number of detained opposition figures and activists.
Police arrested 10 activists last week, including the country's leading human rights lawyer, for signing a petition for
Syria to improve strained relations with Lebanon, exchange diplomats and demarcate borders. The so-called "Damascus-Beirut Declaration" was signed by some 500 Syrian and Lebanese intellectuals.
On Sunday, investigating magistrate Raghid Totonji pressed charges against five of those arrested last week, Ammar Qurabi, head of the National Organization for Human Rights (NOHR) in Syria, said by telephone from Damascus.
He said the five - Bunni, and activists Mahmoud Issa, Khalil Hussein, Suleiman al-Shammar and Mohammad Mahfoud - were charged after being interrogated in the presence of NOHR lawyers. Since May 14, Syria has detained 12 people who signed the petition. - Agencies

Cabinet speeds up plan to have security forces collect Palestinian arms
By Raed El Rafei -Daily Star staff
Wednesday, May 24, 2006
BEIRUT: The government is accelerating efforts to task security units to resolve the issue of disarming Palestinians outside refugee camps made more urgent after clashes erupted last week between pro-Syrian Palestinian faction Fatah al-Intifada and the Lebanese Army. A source close to Premier Fouad Siniora told The Daily Star Tuesday that "the Cabinet was going to take the decision to deal with the issue of Palestinian weapons by assigning the task directly to the army or the other security authorities," to discuss with the factions the mechanism of surrendering the arms.
The source said that the Cabinet came up with this decision after the various Palestinian factions failed to form a joint committee to discuss this issue with the Lebanese. Although a national dialogue session decided unanimously in March that Palestinians should be disarmed outside camps within six months, the government has not started any action so far to implement this decision.
However, the exchange of fire Wednesday between the army and Fatah al-Intifada in Aita al-Fakhar - Yanta, which led to the death of a Lebanese soldier, brought the issue of Palestinian arms again to the forefront of the political agenda.
A member of the March 14 Forces, which were meeting before Tuesday's Parliamentary session, said that pro-Syrian groups were trying to "fall short on their commitments to the national dialogue."
Tripoli MP Mosbah Ahdab told The Daily Star that "the other group might become aggressive after (UN Security Council's) Resolution 1680." Ahdab said that the government should take a clear decision on how to disarm Palestinians outside the camp, but he pointed out that this issue was tricky because of the absence of dialogue with armed Palestinian factions and the difficulty of getting the army to carry out the disarmament by force.
Earlier Tuesday, Hizbullah number two Naim Qassem said that the Shiite party was committed to all agreements enacted during the national dialogue."We consider that what was decided at the national dialogue is binding," Qassem said Tuesday in a ceremony in Beirut. But he did not say if Hizbullah was going to press for the disarmament of Palestinians outside the camps.
In a statement Tuesday, Fatah al-Intifada accused the army of "provoking in an unjustified way" the factions' fighters by firing without any reason at them.
Threatening against trying to disarm Palestinians at these critical times, the faction said that "Palestinian arms both inside and outside the refugee camps were equivalent to those of the resistance (Hizbullah)." Earlier Tuesday, the representative of Fatah al-Intifada in Lebanon Abu Fadi Hammad called on the Lebanese government to discuss all issues related to Palestinians in "one package."Hammad was demanding that the issue of Palestinian arms inside and outside refugee camps be linked with that of the social and legal rights of Palestinians in Lebanon. Hamad, who made these remarks following a visit to former Premier Salim al-Hoss, refused to say if his faction was going to give up its military positions outside the camps. He also did not say whether Fatah al-Intifada was going to hand in the members who were engaged in the clash with the army.
Meanwhile, the army said in a statement Tuesday the investigations into the clashes were ongoing. The statement warned against some media reports on the incident which, it said, were "unrealistic" and aiming at "discrediting the army institution."

Syria's regime writes its future in the sand
By Robert G. Rabil -Commentary by
Wednesday, May 24, 2006
Since the release of the Beirut-Damascus/Damascus-Beirut declaration in the Lebanese media last May 12, the Syrian regime has intensified its campaign to arrest civil society's reformers who signed the petition. This latest wave of arrests is roughly similar to one that took place in the context of the escalating struggle between the regime and the Muslim Brotherhood in the late 1970s and early 1980s. At that time, the Brotherhood, opposing what it considered to be the Assad regime's sectarian Alawite politics, launched a bloody rebellion and killed senior Alawite officers. The regime responded with a brutal campaign of suppression. Thousands were killed or imprisoned on the mere suspicion of affiliation with the Brotherhood. Most members of the secular opposition were also harassed and imprisoned, though they had protested peacefully and merely called for greater respect for the rule of law.
The brutality of the regime's actions reflected a growing siege mentality. As part of a campaign to blot out its sectarian image, the leadership tried to enhance its credentials by reasserting its Arab nationalist character in an attempt to transcend sectarianism and social class. The Assad regime has long prided itself on molding Syria's Arab nationalist character.
Though President Bashar Assad today faces no rebellion, he is confronting a growing campaign led by reformers and dissidents who are apprehensive with the regime's domestic and foreign policies. The Beirut-Damascus/Damascus-Beirut declaration went beyond previous such statements. Coming amid a growing international campaign to pressure the Syrian regime, the declaration coincided with the United Nations Security Council's approval of Resolution 1680, calling on Syria to delineate its border with Lebanon, establish full diplomatic relations with Beirut, and cooperate with the UN investigation of former Prime Minister Rafik Hariri's murder.
What disturbed the regime was that among the prominent Syrian signatories were the exiled superintendent of the Muslim Brotherhood, Ali Sadruddine al-Bayanouni, and his deputy, and the prominent communist dissident Riyad al-Turk - the latest sign of a joining of efforts between the Brotherhood and those from the Syrian secular and nationalist left. The declaration legitimized the UN resolution in the eyes of many Syrians and Lebanese by supporting its stipulations and implying that the Assad regime sought once more to turn Lebanon into Syria's satellite. The declaration echoed the resolution's call for a demarcation of the Lebanon-Syria border and the beginning of formal diplomatic relations. It also appealed for public and private freedoms and human rights to be respected; the anchoring of Lebanese-Syrian economic relations in equity and transparency, so as to free both countries from organized theft; and it deplored political assassinations as a means of dealing with dissidents to resolve political conflicts.
It was no wonder that the regime arrested several of the declaration's Syrian signatories, including writers Michel Kilo, Nidal Darwish, and Khaled Khalifeh; political activist Khalil Hussein; a doctor, Safwan Tayfour; and lawyers Anwar al-Bunni and Mahmoud Merhi. What the regime fears is that the declaration could become a touchstone for regional reform demands, potentially sparking a movement of solidarity with Syrian reformers. A sign of this cross-border cooperation was the fact that the declaration was coordinated with Lebanese activists and civil society figures, and was signed by both Syrians and Lebanese. This may further embolden Syrian reformers and dissidents and force Arab leaders to isolate the Syrian regime.
More ominously, the regime has leveled serious charges against other activists, which could lead to sentences of capital punishment. For example, Fateh Jamus, who has promoted Arab-Kurdish dialogue, was reportedly charged with "aggression aiming to incite civil war," and Kamal al-Labwani, who several months ago met with US officials in Washington and with human rights organizations, was reportedly charged with "conspiring with a hostile nation to attack Syria."
The more Assad finds himself under duress, the more his regime is abandoning its traditional restraint. The scope and breadth of the arrests at a time of deep change in the Middle East show the regime is still gripped by a criminal mindset that will apply only the language of force. Syrians are not only disillusioned with the regime's vacuous rhetoric and approach to issues, they are risking their personal safety to protest this.
Shortly before his arrest, Michel Kilo wrote an article for Al-Quds newspaper titled "Syrian Obituaries." He examined obituaries both in the countryside and the cities, discovering that while obituaries from the countryside were marked by a certain "military stamp" showing that almost all of the deceased and their relatives were affiliated with the government, obituaries from the cities were marked by an "urban stamp," reflecting the chasm between the city and the government. He argued that the obituaries were not only about people who had passed away. They revealed a social, political, and cultural national condition exposing the sad and dangerous reality of Syria, brought about by a government that falsely heralded freedom, brotherhood, and equality between urban and rural areas. He concluded, however, that this situation had started to change in recent years as Syrians from across the political, social, ethnic, professional, and religious spectrum had joined groups dedicated to advancing democracy.
Kilo implicitly underscored how many Syrians had concluded that democracy and respect for political and civil rights were the basis of equality, freedom and patriotism. The recent arrests paradoxically confirmed the trend toward greater democracy in Syria and highlighted the need for the international community to support Syrian reformers. It also showed that the regime has effectively molded the Syrian-Arab character in the sand, and is writing its own obituary.
***Robert Rabil is assistant professor and director of graduate studies in the political science department at Florida Atlantic University. He is the author of "Embattled Neighbors: Syria, Israel, and Lebanon" (Lynne Rienner Publishers, 2003) and of "Syria, the United States and the War on Terror in the Middle East" (Praeger, 2006). He wrote this commentary for THE DAILY STAR.

Interview: Ghazi Aad
Editor-Gary C. Gambill
Executive Director
David Epperly-ol. 1 No. 2 April/May 2006: Ghazi Aad is the director of SOLIDE (Support of Lebanese in Detention and Exile), a Beirut-based human rights group working for the release of Lebanese detainees in Syrian prisons.
Prior to the withdrawal of Syrian forces in April 2005, Lebanese government officials habitually denied that there are Lebanese citizens illegally held in Syrian prisons. Now that Syrian troops are gone and a freely elected government is in power, why haven't Lebanese officials been raising the issue strongly?
All government officials, including Prime Minister Fouad Siniora, voice their support for the families of the detainees, who have been staging an ongoing sit-in in front of the UN headquarters in Beirut since the Syrian withdrawal, but they oppose resolving the issue through an international commission of inquiry.
Why are they opposed to this?
An international commission will eventually incriminate not only Syrian intelligence officers, but also the Lebanese who cooperated with them. Most of the detainees were abducted during the 1975-1990 civil war by pro-Syrian Lebanese militias and Palestinian groups, then transferred them into Syrian hands. Some were abducted after the war with the complicity of Lebanese security officers and officials in the Syrian-installed government. Many of the Lebanese who perpetrated this crime, or helped hide it over the years, are prominent figures on the Lebanese political scene today. It is not in their interest to raise the issue and push strongly for putting an end to it.
Of the 17,000 Lebanese citizens who went missing during the war, how many do you know for certain disappeared after being transferred to Syrian intelligence?
For almost 3 decades, thousands of Lebanese were illegally detained by the Syrian security forces in Lebanon; hundreds of them were released, but there are still 640 victims of enforced disappearance on our list who are unaccounted for. The Syrian authorities refuse to acknowledge their detention and refuse to disclose their fate and whereabouts.
Of these, how many can you confirm through direct eyewitness accounts are, or were at some point, alive in Syrian prisons?
Based on credible information from former detainees, more than 300 were last seen alive in Syrian prisons. Testimonies from the former detainees were submitted to the U.N. regional representative of the High Commissioner for Human rights.
Earlier this year, you provided the Syrian authorities with a list of the 640 names. What was their reaction?
We submitted the list to the joint Lebanese-Syrian commission of inquiry, but the Syrians were persistent in their denial that there are no Lebanese illegally detained in Syria. Then they tried to create a tit-for-tat situation by claiming that 805 Syrians went missing in Lebanon during the years when the Syrian intelligence controlled the country.
Last December, there were press reports of a mass grave exhumed near the former headquarters of Syrian intelligence. Has there been any progress in identifying the remains?
No progress was made because the government has no DNA database for the families of the missing Lebanese in order to match with the DNA test results of the exhumed bodies. There are 17,000 missing Lebanese and the government seems oblivious of how to handle this sensitive matter.
Are the authorities actively searching for other mass graves?
No. Since the mass graves in Anjar were discovered, the government has decided to put a seal of silence on the issue.
For the same reason they won't act on the detainees issue?
Yes. They realized this issue will stir political trouble, since local militias did most of the abductions. The mass graves in Anjar will eventually lead to the opening of all the mass graves in Lebanon; mass graves that date back to the civil war, implicating many political figures. Taking into consideration the delicate and sensitive situation in Lebanon, the government and prominent political figures decided to close the matter and forget about it for the time being. We in SOLIDE know that there are more mass graves around the previous different Syrian intelligence headquarters and we believe that the government should search for other mass graves and should establish a DNA database for all the families of the missing Lebanese.
Some activists claim that the government knows about the location of some three dozen graves. Is this true? How did it obtain this information?
In January 2000, the Hoss government established a commission of inquiry into the missing file, which published an official report in July of that year. The report confirms the presence of tens of mass graves and named some of them, so the information is officially confirmed.
An additional grave was disclosed to the public by Prosecutor-General Adnan Addoum in a December 2000 press conference, when he said that two monks who disappeared during the Syrian invasion of Michel Aoun's free enclave in October 1990, Father Cherfan and Father Abou Khalil, were killed and buried in a mass grave next to the Ministry of Defense in Yarze. Last November, this mass grave was exhumed and 20 bodies of Lebanese army soldiers were found, but not the monks.
What is your strategy for overcoming the political impediments to investigating the fate of Lebanon's disappeared?
The strategy has one objective in mind, and that is the establishment of an international commission of inquiry with full powers to investigate the crimes of enforced disappearance at the hands of Syrian intelligence in Lebanon. It has two major plans of action.
The first is to maintain the pressure inside Lebanon through the open sit-in in front of the U.N. House in Beirut. The importance of the sit-in lies in its function as a gathering point for all the families in one public place and a platform for any kind of action in an area 100 meters away from the government's palace and 200 meters away from the parliament. The sit-in managed so far to put the case high on the Lebanese political agenda.
The second is to continue to press the U.N., international organizations, and concerned governments, mainly the U.S. and the E.U., to establish an international commission.
© 2006 Mideast Monitor. All rights reserved.


LEBANON REPUBLIC
Head of state: Emile Lahoud
Head of government: Fouad Siniora (replaced ‘Najib Mikati in June, who replaced ‘Umar Karami in April)
Death penalty: retentionist
International Criminal Court: not signed
UN Women’s Convention: ratified with reservations
Optional Protocol to UN Women’s Convention: not signed
Overview - Covering events from January - December 2005
Assassination of Rafiq al-Hariri : UN investigation : Other politically motivated killings : ‘Disappearances’ : Arrests and releases : Conditions in prisons and detention centres : Human rights defenders : Palestinian refugees : Discrimination and violence against women : AI country visits
Former Prime Minister Rafiq al-Hariri and more than 30 other people were killed in bomb attacks against civilians. A UN inquiry suggested that senior Lebanese and Syrian officials were implicated in the attack on Rafiq al-Hariri. Several people were arrested for their alleged connections with a banned political party. Tens of prisoners, including some sentenced after unfair trials in previous years, were freed under an amnesty law in July. Palestinian refugees resident in Lebanon continued to face discrimination and to be denied access to adequate housing and certain categories of employment. The law continued to discriminate against women. Protection against violence in the home was inadequate; women migrants employed as domestic workers were particularly at risk of abuse. Mass graves were exhumed in November and December.
Assassination of Rafiq al-Hariri
Former Prime Minister Rafiq al-Hariri and 22 others were killed by a car bomb in Beirut on 14 February.
Rafiq al-Hariri’s murder sparked popular protests and the government resigned after losing a confidence vote in parliament in February. Subsequent elections, held between 29 May and 19 June, were won by the Future Movement Block, led by Saad al-Hariri, son of the assassinated former Prime Minister.
Speculation that the Syrian authorities were involved in the assassination prompted new demands from within Lebanon and internationally for Syria to withdraw its military forces from Lebanon, in accordance with UN Security Council Resolution 1559 of September 2004. In May the UN confirmed that Syria had withdrawn its forces from Lebanon.
UN investigation
The UN Security Council sent a fact-finding team, with the agreement of the Lebanese government, to investigate the killings. The team’s findings led the UN Security Council to establish the UN International Independent Investigation Commission (UNIIIC).
Four former heads of Lebanese intelligence and security services – General ‘Ali al-Hajj (Internal Security Forces), General Raymond Azar (Military Intelligence), Brigadier General Jamil al-Sayyed (Sûreté Générale) and Mustafa Hamdan (Presidential Guard) – were arrested on 30 August and remained in detention at the end of the year. An interim report by UNIIIC published in October implicated senior officials of both the Lebanese and Syrian security services in the assassination and a fifth former Lebanese security official, Ghassan Tufeili, was arrested in November after he was named in the report. On 15 December, a second UNIIIC report requested that Syria detain several suspects. It also stated that Syria had hindered the investigation and that further investigation was necessary. On 15 December the UN Security Council endorsed a six-month extension of the investigation, but did not vote on the Lebanese authorities’ request to establish an international court to try suspects in the case.
Other politically motivated killings
Rafiq al-Hariri’s assassination was followed by 13 other bombings of civilian targets in which 12 people were killed and at least 100 injured. Among those targeted were critics of Syria’s military presence in Lebanon.
Samir Qasir, an academic, journalist and well-known critic of human rights abuses by the Lebanese and Syrian governments, was killed by a car bomb on
2 June in Beirut.
George Hawi, former leader of the Lebanese Communist Party, was killed by a car bomb in Beirut on 21 June.
Gibran Tueni, a journalist and politician well known for his criticism of Syrian interference in Lebanon, was killed with two others in a car bomb explosion in Beirut on 12 December.
In November, six Lebanese men were reported to have been charged with mounting attacks at the behest of a Syrian intelligence officer who had been based in Beirut. They had not been brought to trial by the end of 2005.
Earlier, tens of Syrian nationals working in Lebanon were reported to have been killed and others injured in attacks by Lebanese, apparently in reaction to Rafiq al-Hariri’s assassination; it was not clear whether there was an investigation or any prosecutions.
‘Disappearances’
A new joint Syrian-Lebanese committee was established in May to investigate the fate of more than 600 Lebanese who “disappeared” during and after the 1975-1990 Lebanese civil war, apparently while in the custody of Syrian forces. The findings of two previous Lebanese investigations were never fully disclosed and no perpetrators were ever prosecuted. Concerns about the new committee’s independence and powers suggested that it would be no more effective.
A mass grave inside the Lebanese Ministry of Defence compound at al-Yarze, reportedly containing 20 bodies, was discovered in November. Another mass grave, reportedly containing 28 bodies, was exhumed in December at ‘Anjar, in the Beqa’ Valley, near the former Syrian military intelligence headquarters in Lebanon. During and after the Lebanese civil war, mass human rights abuses were committed with impunity. Abuses including killings of civilians; abductions and “disappearances” of Lebanese, Palestinian, and foreign nationals; and arbitrary detentions were carried out by various armed militias and Syrian and Israeli government forces. In 1992 the Lebanese government stated that a total of 17,415 people “disappeared” during the 1975-1990 civil war, but no criminal investigations or prosecutions had been initiated by the end of 2005.
Arrests and releases
Samir Gea’gea and Jirjis al-Khouri, respectively the leader and a member of the Lebanese Forces, were freed under an amnesty law approved by parliament in July. Both were serving life sentences, imposed after unfair trials, for their alleged involvement in politically motivated killings. They had been held in solitary confinement since 1994 at the Ministry of Defence Detention Centre in Beirut.
The amnesty law also resulted in the release of at least 25 men detained for several years following violent clashes with Lebanese army troops in 2000 in the northern Dhinniyeh area. They had been charged with involvement in “terrorism” and other security offences. At the time of their release they were on trial before the Justice Council in proceedings that did not meet international standards. Some said they had been tortured and coerced into making false confessions.
Ten detainees from Majdel ‘Anjar arrested in September 2004 were also released in the amnesty. Several of the men, who had not been charged or tried, were reported to have been tortured.
The authorities arrested 15 people in September for their alleged involvement with Hizb al-Tahrir (Islamic Liberation Party). All were released. Three — Sherif al-Halaq, Muhammad al-Tayesh and Bassam al-Munla — were convicted of membership of a banned organization and were awaiting sentencing at the end of the year.
Conditions in prisons and detention centres
The authorities continued to refuse the International Committee of the Red Cross (ICRC) unfettered access to all prisons despite a presidential decree in 2002 authorizing such access for the ICRC. There was particular concern about lack of ICRC access to centres operated by the Ministry of Defence where detainees have been tortured and ill-treated.
Human rights defenders
Many human rights groups operated freely but some human rights defenders were harassed or faced threats to their lives.
Muhamad Mugraby, a lawyer and human rights defender, was detained for 10 hours in February. He was later charged with “slander of the military establishment” for criticizing Lebanon’s military court system in a speech to the Mashrek Committee of the European Parliament in November 2003. He was due to appear before the Military Court in Beirut in January 2006.
Palestinian refugees
According to the UN, some 400,000 Palestinian refugees were resident in Lebanon. They remained subject to wide-ranging restrictions on access to housing, work and rights at work despite the Minister of Labour’s decision in June to allow Palestinian refugees to work in some sectors that had previously been barred to them by law. However, Palestinian refugees continued to be excluded from the medical, legal and other professions regulated by professional syndicates.
Discrimination and violence against women
Women continued to be discriminated against and inadequately protected from violence in the family. Discriminatory practices were permitted under personal status laws, nationality laws and laws contained in the Penal Code relating to violence in
the family.
In July, the UN Committee on the Elimination of Discrimination against Women recommended that Lebanon withdraw its reservations to Articles 9 and 16 of the UN Women’s Convention concerning nationality and marriage rights and address inequalities which allow children to obtain Lebanese nationality only through their father and permit only men to divorce their spouse.
Women migrants employed as domestic workers faced multiple discrimination on grounds of their nationality, gender and economic and legal status. Their contracts effectively restricted exercise of their rights to freedom of movement and association by forbidding them from changing employers. They also faced exploitation and abuse by employers, including excessive hours of work and non-payment of wages. Hundreds were reported to have suffered physical and sexual abuse at the hands of employers.
The UN Special Rapporteur on trafficking in persons drew attention to the plight of migrant domestic workers during a visit to Lebanon in September, stating that they were denied basic human rights and were inadequately protected by law. The Minister of Labour said new legislation to improve conditions for migrant workers would be proposed by October 2005. However, no progress appeared to have been made on this by the end of the year.
AI country visits
AI delegates visited Lebanon several times during 2005.
Lebanon
Archive information
Lebanon: A human rights agenda for the parliamentary elections
(AI Index: MDE 18/005/2005).


LEBANON
A Human Rights Agenda for
the Parliamentary Elections
Introduction
On the eve of the Lebanese parliamentary elections scheduled for 29 May to 19 June 2005, Amnesty International is seeking to promote debate over how human rights in Lebanon may be more effectively promoted and protected. Elections provide an opportunity for consolidating democracy and justice in a post-conflict situation or a situation characterised by insufficient attention to human rights protection. Amnesty International believes that human rights should be at the heart of the proposed agenda of each candidate, and of the future government.
Lebanese laws and the constitution are generally conducive to protecting human rights, and Lebanon prides itself on the role its representative played in the drafting of the Universal Declaration of Human rights, 1948. There continues to be a lively community of human rights organisations and defenders in the country, Lebanon has a reputation for being a regional media and cultural centre, and there is a Parliamentary Human Rights Committee. For years Amnesty International has had a good, open and frank dialogue with the Lebanese authorities who have permitted the organisation to carry out numerous human rights-related activities in the country. Amnesty International has also established its regional office for the Middle East and North Africa in Beirut. The organisation hopes that further cooperation continues after the elections and with the formation of the new parliament and government.
However, there continue to be human rights concerns in Lebanon, and the forthcoming elections provide an important opportunity for Lebanese citizens to raise their human rights concerns with candidates.
For over a decade Amnesty International has conducted numerous research visits to Lebanon, interviewed victims of human rights violations and their relatives, observed trials of political prisoners and held talks with government officials, members of the judiciary, lawyers and prosecutors. Although there is a noticeable awareness about human rights issues at both official and non-official levels, Amnesty International has documented gross human rights violations since the end of the civil war in 1990, committed by agents of the state or non-state actors. The organisation has communicated its findings and concerns in confidential correspondence with the authorities or published them in public reports and through the media. However, the bulk of the organisation’s concerns and recommendations do not seem to have been properly addressed, or even taken seriously by the Lebanese authorities.
In 1997, and after a lapse of 14 years since the submission of its first report, Lebanon presented its second periodic report to the Human Rights Committee (HRC), the body of experts entrusted with monitoring implementation of the International Covenant on Civil and Political Rights (ICCPR), which Lebanon ratified in 1975. The HRC examined Lebanon’s report and urged the Lebanese government to undertake a number of reforms and measures to bring its laws and practices in conformity with its obligations under the ICCPR. As with the case with recommendations submitted by Amnesty International, none of the HRC concluding observations appear to have been heeded by the Lebanese authorities.
In this document, Amnesty International is highlighting several key human rights areas: the need for reform of the justice sector; ending discrimination against women and marginalised communities; declaring a moratorium on executions as a step towards the abolition of the death penalty; ending impunity for past – and future – violations; and promoting and protecting human rights activities and freedom of association.
Amnesty International hopes that Lebanese citizens and Parliamentary candidates will take up the concerns raised in this document to help in their strengthening of a system of human rights laws and practices in which justice and truth prevail.
1. Reform of the justice sector
A. Ensuring independence of the judiciary
The UN fact-finding mission into the 14 February 2005 assassination of former Prime Minister Rafiq al-Hariri highlighted the lack of independence of the Lebanese judiciary. Ongoing research by Amnesty International and other international and national human rights organisations and defenders supports this. Similarly, the lack of independence was commented on in 1997 by the HRC in its consideration of Lebanon’s implementation of the ICCPR. The HRC expressed "concern about the independence and impartiality of the State party's judiciary, and notes that the delegation itself conceded that the procedures governing the appointment of judges and in particular members of the Conseil Superieur de la Magistrature [Higher council of the Judiciary] were far from satisfactory. The Committee is also concerned that the State party does not, in many instances, provide citizens with effective remedies and appeal procedures for their grievances. The Committee therefore recommends that the State party review, as a matter of urgency, the procedures governing the appointment of members of the judiciary, with a view to ensuring their full independence."
B. Review of the Justice Council & Military Courts
Trials before the Justice Council and Military Courts continue to fall short of international standards for fair trials.
July 2005 will mark the fifth anniversary of the indictment of the Sunni Islamist "Dhinniyyah" detainees, charged with "terrorism" and other security offences. The Dhinniyyah case illustrates key failings of the Justice Council, to where the case was transferred in early 2001 from the Mount Lebanon Criminal Court. First, the selection of cases referred by the Council of Ministers for consideration by the Justice Council appears to be of arbitrary nature. Second, the Justice Council has been unable to investigate the strong allegations of torture carried out against the Dhinniyyah and other detainees, at least partly because it has no jurisdiction over the pre-trial detention period, including interrogation. Third, as members of the Justice Council are usually senior members of the Court of Cassation the time they can devote to the proceedings of the Justice Council is limited, and consequent routine delays of hearings at the Justice Council can continue for years in a manner that undermines the right to fair trial. Fourth, and as stated by the HRC in 1997, "the fact that decisions passed by the Justice Council are not subject to appeal" constitutes a lack of conformity with the provisions of the ICCPR.(1)
Trials before the military courts also seriously fall short of international standards for fair trial. Despite being set up mainly to deal with cases related to the army and military personnel, and contrary to Lebanese legislation which does not give military personnel any legal authority over the civilian population, the military courts have been granted a very wide jurisdiction over civilians. Civilians currently being tried before the Military Court include members of the banned Islamist Hizb al-Tahrir (Liberation Party), arrested for the peaceful expression of their political and religious opinions. Judgments made by the Military Court, unlike civilian courts, do not provide a full explanation of the grounds for their verdicts. The Military Court is characterized by its summary proceedings as demonstrated by the vast number of cases it rules on every day. Although in law the right of defence is guaranteed to the accused, lawyers state that the modus operandi of the Military Court does not always allow them to discharge their tasks properly or allow time for them to make their case fully. In addition, judges are predominantly military officers with inadequate judicial training. Proceedings before the military courts are not subject to independent judicial review. On 24 February 1994 the Court of Cassation decided (Decision No.5/94) that the civil justice system has no authority over military justice. In theory, the military courts are bound to apply the Lebanese Code of Criminal Procedure, but in practice they frequently fail to do so. Violations in pre-trial procedure, such as arrests without warrant, prolonged incommunicado detention, and denial of detainees’ access to lawyers have created an environment where other human rights violations may flourish. In 1997 the HRC expressed "concern about the broad scope of the jurisdiction of military courts in Lebanon, especially its extension beyond disciplinary matters and its application to civilians. It is also concerned about the procedures followed by these military courts, as well as the lack of supervision of the military courts' procedures and verdicts by the ordinary courts. The State party [i.e. Lebanon] should review the jurisdiction of the military courts and transfer the competence of military courts, in all trials concerning civilians and in all cases concerning the violation of human rights by members of the military, to the ordinary courts."
C. End incommunicado detention, torture & ill-treatment
Article 401 of the Lebanese Penal Code forbids torture and provides for punitive measures against officials found responsible for torture or ill-treatment. However, torture and ill-treatment continue to be reported in Lebanon. Amnesty International is concerned not only at such reports, but also at the lack of investigations being carried out into them. Amnesty International is further concerned at the continuing use of "confessions" allegedly obtained as a result of torture as "evidence" in trials, such as in the Dhinniyyah case.
Amnesty International welcomed Lebanon’s accession to the Convention Against Torture in 2000, but remains concerned that adequate legislative and practical steps have yet to be taken to implement the provisions of the Convention. Insufficient measures appear to have been taken to protect detainees against torture and ill-treatment or to curtail the use of incommunicado detention which facilitates the practice of torture. The UN Commission on Human Rights has stated that "prolonged incommunicado detention may facilitate the perpetration of torture and can in itself constitute a form of cruel, inhuman or degrading treatment or even torture".(2) The HRC has stated that provisions should be made against the use of incommunicado detention,(3) and the Committee against Torture has consistently called for its elimination.(4) The UN Special Rapporteur on torture, recognising that "torture is most frequently practised during incommunicado detention", has also called for such detention to be made illegal.(5)
At least one detainee reportedly died in custody during 2004. In September Isma’il al-Khatib died, reportedly as a result of torture, after more than 10 days’ of incommunicado detention.
Amnesty International repeats its calls upon the Lebanese authorities to implement the Convention Against Torture to which Lebanon acceded in 2000. All allegations of extraction of "confessions" under torture must be investigated according to international standards. Detainees must not be subjected to prolonged incommunicado detention as this facilitates torture and can in itself constitute a form of cruel, inhuman and degrading treatment. Detainees must be held in recognizable places of detention in humane conditions. The authorities should enforce Presidential Decree No. 8800 and ensure that the International Committee of the Red Cross is allowed immediate and unfettered access to all Lebanese prisons including those run by the Ministry of Defence
Recommendations
Up to eight years on, as far as Amnesty International is aware, none of the concerns or recommendations expressed above by the HRC or by Amnesty International regarding the lack of independence of the judiciary, unfair trials before the Justice Council or Military Court, and torture and ill-treatment in detention has been addressed. Amnesty International repeats them on the eve of the 2005 Parliamentary elections hoping that with the current galvanised spirit for justice in the country there is the environment for the necessary judicial reforms to be carried out.
Lebanon has been very late in its submission of its periodic reports to the human rights bodies responsible for overseeing implementation of international treaties. Lebanon has two overdue reports to the HRC and one overdue report to the Committee Against Torture. The elections provide a good opportunity for new commitments to be made to submit these overdue reports.
Amnesty International also recommends that Lebanon ratifies the Optional Protocol to the Convention against Torture. The overall objective of this Protocol is to enable regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.
2. End Discrimination and protect rights of women and marginalized communities
A. Discrimination and violence against women, including female migrant domestic workers
There remain discriminatory laws against women including in Lebanon’s Personal Status Laws, nationality laws and in the Penal Code – as well as in its labour law, social security and terrestrial trade laws.
The Personal Status Laws contain discriminatory provisions regarding marriage, divorce, parenting and inheritance. Nationality laws dictate that children receive their nationality only from their father and not from their mother. The UN Committee on the Rights of the Child has repeatedly expressed concern over this and recommended that "the State party ensure the right of the child to a nationality without discrimination on the basis of the gender of the parent(s), in accordance with articles 2 and 7 of the Convention [on the Rights of the Child]."
Discriminatory laws in the Penal Code, include article 562 whereby a man who kills his wife or close female relative after surprising her "in the act of witnessed adultery, or during illegal sexual intercourse" or "in a suspicious situation" and "kills or injures one of them without premeditation, shall benefit from the mitigating excuse." At least two women were killed by close male relatives during 2004 for alleged reasons of "honour". Human rights defenders working on women’s rights in Lebanon note concern that perpetrators of violence against women may in fact falsely claim reasons of "honour" in an attempt to receive reduced sentences.
The HRC noted in 1997 that "both legal and de facto discrimination continue to be a matter of concern [in Lebanon]. It refers in this context to articles 487 to 489 of the Criminal Code(6), which impose harsher sentences for conviction of adultery on women than on men, to nationality laws and the law which may restrict the right to leave the country for spouses in the absence of the consent of their husband" The HRC stated it was "equally concerned about the compatibility of laws and regulations which do not allow Lebanese citizens to contract marriage other than in accordance with the laws and procedures of one of the recognized religious communities, and that these laws and procedures do not afford equality of rights to women."
Accordingly, the HRC recommended that Lebanon "review its laws, especially those governing the status of women, women's rights and obligations in marriage and civil obligations, make appropriate amendments to them and take appropriate action to ensure full legal and de facto equality for women in all aspects of society."
Female migrant domestic workers face multiple discrimination on account of their lack of Lebanese citizenship, their gender and their lower economic and legal statuses. Many female migrant domestic workers work excessive hours, face restrictions on their freedoms of movement and association, and do not receive pay that is due to them. An unquantifiable number also suffer physical and sometimes sexual abuse. A consequence of discriminatory laws forbidding them from changing their employers is that they remain more vulnerable to abuse while their employers are effectively guaranteed impunity. There are also reports that some female domestic migrant workers are forbidden from marrying a Lebanese or foreign national while in Lebanon.
At least five female migrant workers died during 2004 having reportedly suffered abuse. Of four Filipinas who fell from buildings to their deaths, three were reportedly trying to escape from abusive employers, while autopsies on the fourth discovered that she had been recently sexually abused. A fifth female migrant worker, a Nepalese, hanged herself after reportedly being beaten by her employer. Amnesty International is not aware of any prosecutions being made in any of the five deaths.
In 1997 the HRC commented on "the difficulties faced by many foreign workers in Lebanon whose passports were confiscated by their employers" and recommended that Lebanon "take effective measures to protect the rights of these foreign workers by preventing such confiscation and by providing an accessible and effective means for the recovery of passports." In 2005 the practise remains whereby passports are confiscated from many migrant workers upon their arrival in Lebanon. Further, the UN Committee on Elimination of Racial Discrimination (CERD), responsible for overseeing the implementation of the Convention on the Elimination of Racial Discrimination, expressed concern in particular regarding the situation of domestic workers who do not benefit fully from the protection of the labour code. The Committee urged the government to take all necessary measures "to extend full protection to all migrant workers, in particular domestic workers. In addition, the State party should provide information in its next periodic report on any bilateral agreements with the countries of origin of a large number of migrant workers. In addition, the Committee recommends that the State party ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990."
B. Discrimination against Palestinian refugees
Amnesty International recognizes the efforts undertaken by the Lebanese authorities to host hundreds of thousands of Palestinian refugees on its territory for over 50 years. The organisation also supports the right of Palestinians to return to their homeland, which they should be given the opportunity to exercise and which is in many cases the preferred durable solution to a refugee situation. However, Palestinian refugees continue to be discriminated against in Lebanon. Laws and policies in Lebanon have a discriminatory effect on Palestinian refugees with respect to their right to an adequate standard of living, the right to work, the right to social security, and the rights to own and inherit property. In March 2004 CERD expressed concern over discrimination against Palestinian refugees in Lebanon, "in particular access to work, health care, housing and social services as well as the right to effective legal remedies." CERD urged Lebanon "to take measures to ameliorate the situation of Palestinian refugees with regard to the enjoyment of the rights protected under the Convention, and at a minimum to remove all legislative provisions and change policies that have a discriminatory effect on the Palestinian population in comparison with other non-citizens."
Recommendations
Although Amnesty International is aware that the current Parliament has been considering draft amendments to the Penal Code, the organisation is not aware of any of the above discriminatory legislation against women, both Lebanese and migrants, or against Palestinian refugees, to have been repealed. However, persistent campaigning over a number of years by women’s organisations and other human rights organisations and defenders appears to have helped bring the country to the threshold of substantial human rights reform. At this critical moment, Amnesty International urges that all discriminatory laws and provisions, particularly those relating to or affecting women, be removed or amended, that the United Nations Migrant Workers Convention be ratified, and that the economic, social and cultural rights of all persons on Lebanese territory be protected, as according to the International Covenant on Economic Social and Cultural Rights (ICESCR), to which Lebanon is a State party.
Amnesty International also urges that a public debate be initiated on the recommendations of CERD. Steps that are planned to be taken to implement these recommendations should be on the agenda of candidates in the elections. These steps should include effective measures to end all forms of discrimination against Palestinian refugees in Lebanon and to ensure the respect and protection of their human rights.
3. Moratorium on the Death Penalty
Amnesty International was very concerned with the re-introduction of executions in Lebanon when, in January 2004, three men were executed after a de facto moratorium since 1998. Two men, Badea’ Hamada and Remi Za’atar, were shot by firing squads while the third, Ahmad Mansour, was hanged to death. The re-introduction of executions sparked a wide movement of protest among the local human rights organisations that formed a coalition against the death penalty.
Amnesty International opposes the death penalty in all circumstances, and considers it to be a violation of the right to life, recognized by Article 3 of the Universal Declaration of Human Rights, and to be the ultimate form of cruel, inhuman or degrading treatment or punishment, contrary to Article 5 of the Universal Declaration. Amnesty International believes that the finality and cruelty inherent in the death penalty, and the lack of evidence showing it to be a deterrent to violent crime, make it an inappropriate and unacceptable response to crime. To this date, 84 countries around the world have abolished the death penalty for all crimes, and a total of 120 countries have abolished the death penalty in law or practice. In re-instating the death penalty, Lebanon is actually going against both the world trend and the domestic trend, given the increasing Lebanese activism on this issue, to abolish this cruel penalty.
Recommendations
As a step towards the abolition of the death penalty, Amnesty International calls on commitments by the authorities and candidates in the elections to declare a moratorium on executions.
4. End impunity for violations
Impunity, meaning exemption from punishment, refers to the failure of the state to investigate and prosecute crimes under international law, to establish the truth about what occurred and to provide full reparations to victims and their families. Amnesty International’s experience around the world indicates that impunity is the single most important factor leading to continued human rights abuses. In countries emerging from armed conflict and embarking on reconstruction and reconciliation, the need for justice is overwhelming. In Lebanon, neither justice was pursued nor were there efforts to uncover the truth in relation to multiple human rights violations and abuses which were committed by successive Lebanese governments and various other parties during and after the 1975 – 1990 Lebanese civil war.
During the Lebanese civil war mass human rights abuses were committed, such as killings of non-combatants, abduction of Lebanese, Palestinian, and foreign nationals, and arbitrary detention, by various armed militias and foreign military forces.
Among hundreds of Lebanese and Palestinian political prisoners who over the years were apparently held or "disappeared" in Syria are scores arrested or abducted by Syrian military forces operating in Lebanon and transferred to Syria outside any legal framework. Others were arrested or abducted by Lebanese or Palestinian militias during the war in Lebanon and handed over to the Syrian authorities. Another group was arrested in Syria without judicial warrants and detained without due legal process. All have been kept for years in arbitrary detention or subjected to secret and summary trials by military tribunals often under sweeping charges. Most were held in incommunicado detention with no access to the outside world; only a few were allowed to receive occasional visits from their families.
Scores of Lebanese and Palestinian nationals remain unaccounted for after they apparently "disappeared" during the wake of Israeli invasion of Lebanon in 1982, in which 18,000 people, the overwhelming majority of whom were civilians, were reported killed, and in Israel’s subsequent military occupation of south Lebanon (up to May 2000).
Following pressure from non-governmental organisations (NGOs), particularly the Committee of the Families of the Disappeared, a commission of enquiry was set up in 2000 to investigate the fate of those missing and kidnapped during the civil war, and concluded that none of the "disappeared" was alive in Lebanon, that any of those missing for at least four years should be considered dead, and that compensation and social rehabilitation should be provided to families of the victims. However, the whole report of the commission was never made public. The Commission did not recommend publicly any criminal investigations into these cases, and therefore effectively provided a blanket amnesty.
In January 2001, another commission of enquiry was established by order of the Lebanese President to consider complaints of relatives of those who "disappeared" in either Syria or Israel. Although the Relatives of the Disappeared Complaints Commission concluded its work in June 2002 and despite spending 18 months collecting evidence, receiving complaints from families and conducting hearings covering around 700 cases, it did not publish a report or even make a public statement about its findings. No clarification has been made by the authorities as to whether the Commission has been disbanded, or not.
Amnesty International opposes amnesties for perpetrators of human rights abuses, such as the Lebanese Amnesty Law of 1991 which grants a general amnesty, with a few exceptions, for crimes committed before 28 March 1991. Amnesties and similar measures of impunity for crimes under international law are prohibited under international law. The UN’s Human Rights Committee criticised the 1991 Lebanese Amnesty Law, stating that: The Committee notes with concern the amnesty granted to civilian and military personnel for human rights violations they may have committed against civilians during the civil war. Such a sweeping amnesty may prevent the appropriate investigation and punishment of the perpetrators of past human rights violations, undermine efforts to establish respect for human rights, and constitute an impediment to efforts undertaken to consolidate democracy.
Also in 1997 Amnesty International stated that it "believes that a new future of true and lasting peace and human rights protection in Lebanon is only possible if the country comes to terms with its past through a process aimed at investigating and establishing the truth of the war period and its related abuses." The organisation repeats this call in 2005.
Recommendations
Amnesty International recommends that an independent commission of enquiry, to be composed of representatives of civil society representatives and relevant authorities, should be set up to conduct thorough, independent and impartial investigations into allegations of crimes under international law and other serious human rights abuses. It should be equipped with the necessary authority and resources, and should be involved in wide consultation with Lebanese civil society and relevant international bodies about its mandate, methodology and scope of work and be generally accountable to and transparent to the public. The 1991 Lebanese Amnesty Law should be repealed so as to enable such investigations and possible prosecutions for human rights abuses committed prior to 1991.
Lebanon should promptly ratify the Rome Statute of the International Criminal Court, which established a permanent international criminal court with jurisdiction over genocide, crimes against humanity and war crimes, and the Agreement on Privileges and Immunities of the International Criminal Court and implement them in national law. The Rome Statute has been ratified by 98 states.
5. Promote and protect human rights activities and freedom of association
The HRC noted in 1997 that while Lebanese legislation is itself compatible with the ICCPR regarding freedom of association, de facto practice "has restricted the right to freedom of association through a process of prior licensing and control". Obstacles to becoming a licensed human rights organisation have contributed to the challenges faced by Lebanon’s lively community of human rights organisations and defenders. In recent years, participants in this community have been harassed, arbitrarily arrested or detained, unfairly tried and even beaten apparently on account of their activities promoting human rights.
Recommendations
Amnesty International urges the Lebanese authorities to respect the UN Declaration on Human Rights Defenders(7), adopted by the UN General Assembly on 9 December 1998. Article 1 of the Declaration states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels". Amnesty International also calls for measures laid out in the Declaration for the Respect, Promotion and Protection of Human Rights and Fundamental Freedoms, in particular in respect of the role of human rights defenders, to be implemented.
Conclusion
Amnesty International’s role in elections is not to act as an election observer but to call for human rights to be protected in the election process and for human rights issues to feature prominently in it. By outlining its concerns and recommendations in this document the organisation hopes it can help promote human rights debate before, during and after the elections. Amnesty International would then encourage the new Parliament to fulfil its roles of overseeing the work of the government and protecting the rights of all persons on Lebanese territory.
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(1) For more analysis of the Justice Council and the Dhinniyyah case see AI reports, Torture and unfair trial of the Dhinniyyah detainees (MDE 18/005/2003). Other recent Amnesty International reports on Lebanon include: Samir Gea’gea’ and Jirjis al-Khouri – Torture and unfair trial (AI Index: MDE 18/003/2004); Economic And Social Rights Of Palestinian Refugees: Submission To The Committee On The Elimination Of Racial Discrimination (MDE 18/017/2003); Torture and ill-treatment of women in pre-trial detention (MDE 18/014/2001); Unfair Trial of a Human Rights Defender (MDE: 18/008/2001); Human rights developments and violations (MDE 18/19/97); Antoinette Chahin: Torture and Unfair Trial (AI Index: MDE 18/16/97); Israel/South Lebanon: Israel(s Forgotten Hostages: Lebanese Detainees in Israel and Khiam Detention Centre (MDE 15/18/97); Israel/South Lebanon: Unlawful killings during Operation (Grapes of Wrath( (AI Index: MDE 15/42/96, July 1996).
(2) Commission on Human Rights Resolution: 2004/41, 19 April 2004, para. 8.
(3) Human Rights Committee, General Comment 20, Article 7 (Forty-fourth session, 1992), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, UN Doc. HRI\GEN\1\Rev.1 at 30 (1994), para. 11.
(4) See for instance Report of the Committee against Torture, UN Doc. A/52/44 (1997), paras. 121(d) (re Georgia); 146 (re Ukraine); UN Doc. 44(A/55/44) (2000), para. 61(b) (re Peru); UN Doc. A/58/44 (2003), para. 42(h) (re Egypt); UN Doc. A/59/44 (2004), para. 146(d) (re Yemen).
(5) UN Doc. E/CN.4/2002/76, 27 December 2001, Annex 1.
(6) The HRC is in fact referring to the Penal Code.
(7) The UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
AI Index: MDE 18/005/2005 18 May 2005