The Death of Mohammad Harkous in Custody: Seeking Truth, Justice and Accountability
Background
On 6 January 2026, Mohammad Farah Harkous, a 30-year-old Lebanese national, was reportedly arrested in the Airport Road area of Beirut. According to information provided by his family, he was initially apprehended by individuals they identified as members of a Lebanese militia and was subsequently transferred to the Lebanese Intelligence Directorate. CCLS has not independently verified the identity or affiliation of those who initially apprehended him, nor has the Intelligence Directorate confirmed the family’s account.
Mr. Harkous was subsequently held in a military facility, where he was reportedly interrogated while under the custody and control of State authorities. According to an official statement by the Lebanese Armed Forces, he developed medical complications during questioning and was transferred to hospital.
Mr. Harkous died during the night of 6–7 January 2026. His body was returned to his family on 7 January. While the initial explanation reportedly attributed his death to cardiac arrest or other medical causes, the family observed visible injuries and sought an independent forensic examination.
An independent forensic opinion issued on 10 January 2026, a forensic physician accredited before the Lebanese courts, raised serious concerns regarding this explanation. The examination, supported by radiological findings, identified traumatic head injuries, including acute intracranial haemorrhage and bilateral subdural haematoma. The forensic expert concluded that the findings were more consistent with severe cranial trauma and recommended a comprehensive judicial investigation.
For CCLS, the circumstances of Mr. Harkous’ death raise serious questions concerning the treatment of persons in custody, the protection of the right to life, the prohibition of torture, and the independence and effectiveness of investigations into potentially unlawful deaths.
Timeline
6 January 2026 -Arrest and detention
Mr. Harkous was reportedly apprehended in Beirut and subsequently transferred into the custody of Lebanese State authorities. The complete chain of custody remains an important issue requiring clarification.
6–7 January 2026 -Death in custody
Mr. Harkous developed medical complications while reportedly being interrogated in a military facility and died during the night. His body was released to his family on 7 January.
8–10 January 2026 -Forensic evidence
A CT scan conducted on 8 January documented significant intracranial injuries, including acute cerebral haemorrhage, bilateral acute subdural haematoma and cerebral edema. An independent forensic opinion dated 10 January raised concerns that the injuries were consistent with blunt-force trauma rather than a natural death.
12 January 2026 -Criminal complaint
Mr. Harkous’ family, through their lawyer, submitted a criminal complaint alleging torture resulting in death under Law No. 65/2017 on the Criminalization of Torture. The complaint was referred to the Government Commissioner to the Military Court, who initiated an investigation.
21 January 2026 -Official autopsy
An official autopsy was conducted by a panel of three forensic doctors. Concerns subsequently arose regarding the handling and transmission of the autopsy findings, including reports that they were transmitted to the Military Intelligence Directorate before being made available to the investigating authorities or the complainant.
24 February 2026 -National Human Rights Commission intervention
The National Human Rights Commission of Lebanon, including its National Committee for the Prevention of Torture, requested information from the Government Commissioner concerning the investigation and the circumstances and cause of Mr. Harkous’ death.
April 2026 -Reported decision
CCLS received information that the Government Commissioner to the Military Court reportedly characterized the conduct surrounding Mr. Harkous’ death as a violation of military regulations rather than a criminal offence. CCLS has not obtained or independently reviewed the decision and therefore called for clarification of its legal basis, reasoning and status.
26 May 2026 -Family authorizes CCLS
Mr. Harkous’ father granted a legal power of attorney to the Head of the Legal Support Program at CCLS, authorizing him to represent the family’s interests before Lebanese and international mechanisms.
10 August 2026 -Submission to UN Special Rapporteurs
CCLS submitted a communication to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, requesting their intervention concerning the death, allegations of torture and possible unlawful deprivation of life. CCLS requested clarification from the Lebanese authorities regarding the chain of custody, investigation, forensic evidence, jurisdiction and accountability.
Breaches and Legal Concerns
The case raises concerns under both Lebanese law and international human rights law.
Lebanese law
Law No. 65/2017 on the Criminalization of Torture introduced important safeguards for investigating allegations of torture. In particular, Article 24 bis of the Code of Criminal Procedure requires judicial authorities to personally undertake investigations into torture allegations and restricts the delegation of investigative functions to security agencies. These safeguards are intended to prevent institutions potentially implicated in torture from effectively investigating themselves.
CCLS is also concerned by the referral of the case to the Military Court. The complaint concerned allegations of torture resulting in death, yet the case was referred to the military judiciary. CCLS considers that this raises questions under Article 15 of the Code of Criminal Procedure, as well as concerns regarding judicial independence, the family’s ability to participate in proceedings and access to an effective remedy.
International law
Lebanon ratified the International Covenant on Civil and Political Rights (ICCPR) in 1972. The case engages, in particular, Article 6, protecting the right to life; Article 7, prohibiting torture and cruel, inhuman or degrading treatment; and Article 2(3), guaranteeing access to an effective remedy. Deaths occurring in State custody require prompt, impartial, independent and effective investigation capable of establishing the truth and identifying those responsible.
Lebanon also ratified the Convention against Torture (CAT) in 2000. The Convention requires States to prevent torture, investigate allegations where there are reasonable grounds to believe torture has occurred, and ensure access to justice and effective remedies.
The investigation should also comply with the UN Minnesota Protocol on the Investigation of Potentially Unlawful Death, which requires investigations into potentially unlawful deaths—particularly deaths in custody—to be independent, impartial, prompt, transparent and effective.
CCLS Recommendations
CCLS calls on the Lebanese authorities to:
- Ensure a prompt, independent, impartial, effective and transparent investigation into the death of Mohammad Harkous, including the allegations of torture and the circumstances of his detention and death.
- Transfer the investigation to the ordinary criminal judiciary, where appropriate, and ensure full compliance with Law No. 65/2017 and Article 24 bis of the Code of Criminal Procedure.
- Preserve and independently examine all forensic evidence, including the official autopsy, independent forensic opinion, CT scans and other medical records, through a forensic institution that is institutionally independent from the security or military authorities potentially implicated in the case.
- Establish the complete chain of custody from Mr. Harkous’ initial apprehension until his death, including identifying all individuals and authorities involved in his arrest, detention, interrogation and medical treatment.
- Ensure accountability by prosecuting any person found responsible for torture, unlawful use of force, or other criminal conduct connected to Mr. Harkous’ death.
- Guarantee the rights of the victim’s family, including access to judicial and forensic information, participation in proceedings, the ability to challenge investigative decisions, and access to effective reparation.
- Strengthen Lebanon’s independent forensic capacity, including through the establishment of an independent forensic institution capable of investigating potentially unlawful deaths. This is also consistent with recommendations made by the UN Special Rapporteur following his 2025 visit to Lebanon.
CCLS’ Position
The death of a person while in State custody demands a credible and independent explanation. In the case of Mohammad Harkous, the existence of conflicting explanations regarding the cause of death, forensic findings indicating significant traumatic injuries, concerns surrounding the independence of the investigation, and the absence of publicly known criminal accountability make a transparent investigation essential.
Through its submission to the UN Special Rapporteurs, CCLS seeks to ensure that the case receives independent international scrutiny and that the family of Mohammad Harkous can obtain truth, justice, accountability and effective remedy.