Incommunicado detention of Mr. Mahmoud Abou Rafeh since May 2007

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in Lebanon.

Brief description of the situation

The International Secretariat of OMCT has been informed by a reliable source and by Antenna International, member of the SOS-Torture network, about the incommunicado detention of Mr. Mahmoud Abou Rafeh since May 2007 in the Ministry of Defense Detention Center.

According to the information received, Mr. Mahmoud Abou Rafeh, 60 years old, was arrested on 7 June 2006 by the Intelligence Services of the Lebanese Army allegedly accused of being a member of a network operating in Lebanon on behalf of the Israeli Intelligence Services. He was reportedly arrested by men in plainclothes who hit his car at around 5:00 am before taking him away leaving his car with the motor running on the crash site. He was then detained at the Ministry of Defense Detention Center but his whereabouts had remained allegedly secret for several days.

According to the same information, his family was granted a visit permit from July 2006 to May 2007 but under strict surveillance. However, since May 2007, his family was refused any visits. The military intelligence reportedly told them that the security situation prevailing in the country was making any visit to detainees in that detention center impossible.

It has also to be reported that Mr. Mahmoud Abou Rafeh’s lawyer was never allowed to meet with him. Moreover, he was heard several times by the military judge without assistance from his lawyer.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Mahmoud Abou Rafeh being particular at risk of torture or other cruel, inhuman or degrading treatment. The Ministry of Defense Detention Center is reportedly famous for detainees being subjected to torture and ill-treatment as well as to solitary confinement. OMCT recalls that Lebanon is a State party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which prohibits torture and cruel, inhuman or degrading treatment.

Actions Requested

Please write to the authorities in Lebanon urging them to:

1. i. Guarantee, in all circumstances, the physical and psychological integrity of Mr. Mahmoud Abou Rafeh;
2. ii. Guarantee immediate and unconditional access to his lawyer, family and any medical treatment he may require;
3. iii. Order his immediate release in the absence of valid legal charges, or, if such charges exist, bring him before an impartial, independent, competent and fair tribunal and guarantee his procedural rights at all times;
4. iv. Order a thorough and impartial investigation into these events in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
5. v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• President Emile Jamil Lahoud, Baabda, The Presidential Palace, Ba’abda, Beirut, E-mail open@presidency.gov.lb, Fax : +961 1/ 425 393
• Mr. Fuad Siniora, Prime, Governmental Palace, Beirut, Lebanon, Fax : + 961 1 869 630, / + 961 1 746 085
• Mr. Elias Michel Murr, Ministry of National Defence, Beirut, Lebanon, Fax: +96 1 457 92
• Mr. Charles Rizk, Minister of Justice, Ministry of Justice, Sami Sohl Street, Beyrouth, Lebanon, Fax: +961 1 427 975
• Ambassador, Ms. Najla Riachi Assaker, Permanent Mission of Lebanon, rue de Moillebeau 58, 1209 Geneva, Switzerland, e-mail: mission.lebanon@ties.itu.int, Fax : +41 22 791 85 80
• Embassy of Lebanon, rue G. Stocq, 2 1050 Brussels, Belgium, E-mail: ambassade.liban@brutele.be, Fax: +32 2.645.77.69

Please also write to the embassies of Lebanon in your respective country.

Geneva, 27 September 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.