UN Declares as “Arbitrary” the Detention of Four Officers and Four Civilians in Hariri Case Date: 21-01-2008
Author: Solida
UN Declares as “Arbitrary” the Detention of Four Officers and Four Civilians in Hariri Case

Almost a year ago, the Lebanese Center for Human Rights (CLDH)with the support of the International Federation of Human Rights Leagues (FIDH) submitted a formal request to the UN Working Group on Arbitrary Detention – a group of independent experts – for its opinion on the detention of eight individuals in the Hariri case.

The answer of the UN Working Group is unambiguous:  This is an instance of a Category III arbitrary detention. Once again, the Lebanese judiciary and government have been repudiated.

“The deprivation of freedom of Jamil El Sayed, Moustapha Hamdane, Raymond Azar,  Ali El Haj, Ayman Tarabay, Moustapha Talal Mesto, Ahmad Abdel Aa l et Mahmoud Abdel Aal is arbitrary in that it contravenes the provisions of Articles 9 and 14 of the International Covenant on Civil and Political Rights to which Lebanon is a party, and it falls under Category III among those categories that are applicable to the consideration of cases submitted to the Working Group.
Having expressed this opinion, the Working Group urges the government to take the necessary measures to remedy the situation of these individuals in accordance with the norms and principles set forth in the International Covenant on Civil and Political Rights.”

CLDH is dismayed at the prolonged inaction by the Lebanese judiciary insofar as the individuals who are the subject of the UN Working Group’s opinion remain in detention.

We therefore request:
 
  • Their immediate release if no further charges are brought against them.
  • The in itiation of an independent inquiry to determine the reasons for which, in spite of our continued warnings, the Lebanese government persisted in violating international law in a case slated to be prosecuted before an international tribunal which will under no circumstance be able to ignore this opinion.
  • To take immediate notice of the other two opinions issued by the UN Working Group concerning Youssef Chaabane and Nehmet El Hajj and their regaining of their rights.

    To aspire to the rule of law cannot materialize without Lebanon’s adherence to its international obligations and without a scrupulous respect for human rights.  These adherence and respect must be impartial and indiscriminate, blind to any political, racial, religious or ethnic consideration. Those are our principles. We would have much preferred that the Lebanese government and judiciary carry out their duties with the full respect of those principles. As long as they fail to do so, we will continue to remind them of that fact.
The full opinion can be read (in French) on
 http://docs.google.com/View?docid=dhbdg25w_58gbtkzqf8

We also invite you to visit our blog about the Special Tribunal on http://cldh-tribunal-liban.blogspot.com (daily updated)
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