Executive Summary:

Cedar Centre for Legal Studies (CCLS) submitted a legal analysis to the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism. The report examines Lebanon’s counter-terrorism laws, especially the 1958 Terrorism Law, military jurisdiction over civilians, and safeguards against torture and arbitrary detention.

Key Points:

• Fragmented Legal Framework: Terrorism-related provisions are spread across the Penal Code, the 1958 Law, the Code of Military Justice, and the Code of Criminal Procedure.
• 1958 Law Concerns:
  • Article 5: Life imprisonment for possession of explosives raises issues of proportionality and vague definitions.
  • Article 6: Terrorism punishable by life imprisonment; death penalty abolished in August 2026, but concerns remain about broad definitions and military jurisdiction.
  • Article 7: Conspiracy to commit terrorism punishable by life imprisonment with hard labour. CCLS warns this is overly broad, risks criminalizing preparatory discussions, and lacks proportionality.
  • Article 8: Assigns terrorism cases to military tribunals, including civilians, raising serious fair trial concerns.
• Military Jurisdiction: Civilians accused of terrorism are often tried before military courts, contrary to international standards requiring impartial civilian courts.
• Procedural Safeguards:
  • Article 32 & 47: Provide limits on custody and rights to counsel, family contact, and medical examination.
  • Article 108: Allows extended pre-trial detention for terrorism cases, risking arbitrary detention.
• Anti-Torture Law (2017): Criminalizes torture but implementation remains weak, with reports of abuse by security forces.
• Law No. 65/2017 (Anti-Torture Law): Criminalizes torture, but implementation remains weak; torture allegations persist in terrorism investigations.
• International Standards: ICCPR Article 14 requires fair trials; UN bodies have urged Lebanon to restrict military trials of civilians.

Documented Cases:

• UNVT-0020 (2025): Lebanese-Brazilian detained without warrant, alleged torture, coerced confessions, and military trial.
• Bashar Abed Al-Saud (2022): Syrian refugee died in custody after alleged torture; military court downgraded charges against officers.
• Rabih Fadel Zakaria (2022–2024): Lebanese soldier tortured, retaliated against after filing complaint, faced military proceedings.
• Mohamad Sablouh (2024): Lawyer faced restrictions in representing clients before military courts.

CCLS Recommendations:

• Transfer civilian terrorism cases to ordinary courts.
• Narrow and clarify definitions of terrorism and conspiracy offences.
• Strengthen safeguards against arbitrary detention and torture.
• Ensure independent investigations of abuses by military/security forces.
• Align Lebanon’s framework with international human rights obligations.

For more details, click on the full report.