15/07/2024

Introduction

M.A is a Syrian national woman born in 2002 in Homs, Syria. She is resided in Azaz, an area under opposition control in northwest Syria. On April 29, 2024, she entered Lebanon irregularly with the intention of traveling to Beirut and eventually to another country. Her journey was abruptly interrupted when she was arrested and then detained by Lebanese Security forces. This case study examines the timeline of events, the legal framework, and the human rights violations involved in her disappearance.

Timeline of Events

• April 29, 2024: M.A enters Lebanon irregularly with four other Syrians and a driver. Her last contact with her family is at 2 p.m.
• April 30, 2024: The driver informs her family that they were arrested at a checkpoint in Chtoura, Beqaa. While the others were released, Ms. A. remained detained due to her possession of an identity card issued by the Azaz City Council.
• May 02, 2024: CCLS submits an urgent appeal to the UN Working Group on Enforced Disappearances and raises the case with the UNHCR office in Beirut.
• May 15, 2024: CCLS is informally informed that Ms. A. was handed over to Syrian authorities shortly after her arrest.
• Early July 2024: Her family learns informally that she is detained in Sidnaya prison in Syria, but this information is not confirmed.
• July 09, 2024: CCLS raises her case again with the UN Working Group on Enforced Disappearances to address her arrest and then disappearance with the Syrian authorities.

Legal Violations

The handling of Ms. A’s case by the Lebanese and Syrian authorities involved several legal violations:

Denial of Legal Representation: Ms. A. was not allowed to meet or contact his family or have a lawyer present during his initial interrogation, in case it had happened; violating the amended Article 47 of the Lebanese Criminal Procedure Law.

Unlawful deportation: Ms. A. was handed over to Syrian authorities without being presented to the director of Lebanese General Security Service or Public Prosecutor of Cassation Court, bypassing established legal procedures.

Enforced Disappearance: The failure to disclose Ms. A’s whereabouts and the lack of due process constitutes an enforced disappearance, a grave violation of human rights under international law.

Breach of the Lebanese Enforced Disappearance Law (2018): This case violates Article 37 of the Enforced Disappearance Law in Lebanon, which explicitly prohibits the act of enforced disappearance and mandates the state to protect individuals from such practices.

Violation of International Covenant on Civil and Political Rights (ICCPR) Articles:

– Article 7: The secretive nature of her detention and the potential for mistreatment raise concerns under the prohibition of torture and inhuman treatment.

– Article 10: The lack of transparency and humane treatment in his detention is a direct violation of the requirement to treat all detainees with respect for their inherent dignity.

It is worth mentioning that deporting Ms. A. to Syria, where she faces a risk of torture or ill-treatment, breaches the principle of non-refoulement by the Lebanese authorities under UN Convention against Torture.

Lebanon has ratified the ICCPR in 1972 and in 2000, Lebanon ratified on the Convention against Torture. While Syria ratified the ICCPR in 1976. The Convention against Torture was ratified by Syria in 2004.

Conclusion

The case of M.A highlights significant breaches of international and Lebanese laws. Her arbitrary detention, enforced disappearance, and deportation to a country where she is at risk of torture underscore the urgent need for accountability and adherence to human rights standards. Continued advocacy and legal action are essential to ensure her safety and to prevent similar violations in the future.