World Day Against Death Penalty

In Lebanon, the insufficiency and lack of independence of the Judiciary makes death penalty even more unacceptable
There are many arguments against the death penalty; one of the main is the risk of miscarriage of justice inherent to any trial. This argument is even more applicable in Lebanon since the Judiciary system – or systems (civil, military, Justice Council) – as they exist today do not provide any guarantee of a fair trial.
The rules to be followed for a fair trial are clearly laid out by the Lebanese law, in addition to the International covenant on civil and political rights that Lebanon has ratified and is therefore bound to apply. However, these principles are often ignored, including in cases involving the death penalty. In such occurrences, the consequences are considerably compounded as there is the risk not only of incorrectly sentencing an innocent, but the added one of committing to death a person who perhaps would only have been imprisoned in if he had received a fair trial.
On several previous occasions, our organization has documented cases of persons sentenced to death as a result of unfair trials and proceedings that therefore need to be reviewed.
Today, I would like to present to you the case of Nehmeh Naïm El Haj, a typical case of a man sentenced to death because of an unfair trial.
Nehmeh El Haj was allegedly arrested by the Syrian intelligence services late in the October of 1998 on the grounds of murdering two Syrians living in Lebanon on October 23, 1998. He reportedly was held in detention in Anjar for roughly a month by the Syrian intelligence, where he claims he was forced to sign a confession under torture. Subsequently, El Hajj was handed over to the Lebanese authorities at Zahleh police station on November 25, 1998.
In El Haj’s file, the Syrian intelligence report is indeed attached to the Zahleh police statement.
After being transferred to the Lebanese judiciary, Nehmeh El Hajj claims his testimony was never effectively heard. It appeared as though the Lebanese investigating judge deemed the “confession” signed by El Haj while in the custody of Syrian intelligence services to be sufficient evidence.
In fact, on the first page of Jounieh police statement dated November 26, 1998, the investigating judge was recorded to have written that it is « not necessary to interrogate Nehmeh El Haj, since the proof of his guilt was handed over along with the detainee by the Syrian intelligence services of Anjar ».
Judged on July 9, 2004, at Baabda tribunal, Nehmeh El Haj was sentenced to the death penalty. In this case, it is apparent that the basis of the condemnation of Mr. El Haj is simply his initial statements, which were allegedly made while under the torture of the Syrian intelligence services.
Two Lebanese forensic doctors have attested to the torture Nehmeh El Haj faced and their reports are included in the file.
In spite of his claims of torture and the discrepancies in the testimonies against him, Nehmeh El Haj was again sentenced to death by the cassation court on February 12, 2009
However, it must be noted that the decision issued by the cassation court is a mere verbatim copy of the original decision made against Nehmeh El Hajj. This shows that in spite of the gravity and irreversible consequences of the death penalty, El Haj’s conviction and sentence were at no time reviewed by a higher tribunal.
On May 12, 2006, the UN working group on arbitrary detention issued an opinion in which it considered the detention of Mr. El Haj as arbitrary because it is in violation of article 14 of the international covenant on civil and political rights, to which Lebanon is a party.
Regardless of all these mentioned elements, not to mention the UN opinion, Nehmeh El Haj continues to be sentenced to the death penalty. However his case deserves to be reviewed.
We are of the opinion that Nehmeh El Haj, as well as all the persons sentenced to death in Lebanon should immediately be granted a commutation of their sentence to prison terms, and that rapid measures should be taken to review all the trials that have led to the issuing of the death penalty.
Today, CLDH adds its voice to the chorus of all Lebanese and foreign organizations demanding that Lebanon finally abolish the death penalty.
Beirut, October 10, 2011.
Statement by CLDH, read by its Secretary General Wadih Al Asmar at the round table organized today by the the European Union at the Press Syndicate in Beirut.