Law No. 62/2016
Establishing the National Human Rights Institution, including the Committee for the Prevention of Torture
Date: 27/10/2016, as amended
Chapter I: Establishment and Organization of the Institution and the Committee
Article 1
Establishment of the National Human Rights Institution, including the Committee for the Prevention of Torture
A. An independent body is hereby established under this law, entitled the “National Human Rights Institution” (hereinafter referred to in this law as “the Institution”), which shall enjoy legal personality and administrative and financial independence.
B. The Institution shall include a permanent committee called the “Committee for the Prevention of Torture” (hereinafter referred to in this law as “the Committee”).
C. The members of both the Institution and the Committee for the Prevention of Torture, as well as their staff and affiliates, shall perform their duties with full independence from any other authority, within the framework of this law. The Committee shall also carry out its functions and issue its reports without interference from the Institution.
Chapter II: Organization of the Institution
Article 2
Composition of the Institution
A. The Institution shall be composed of ten members, five of whom shall also serve as members of the National Committee for the Prevention of Torture. All members shall be appointed by decree adopted by the Council of Ministers for a non-renewable term of six years, from lists proposed by the following bodies:
- One member selected from among six former judges nominated by the Higher Judicial Council.
- One member selected from among six experts in criminal law, human rights law, or public law, nominated jointly by the Beirut and Tripoli Bar Associations.
- One member selected from among six experts in international humanitarian law, nominated jointly by the Beirut and Tripoli Bar Associations.
- Two members selected from among six specialists, one in psychiatry and the other in forensic medicine, nominated jointly by the Beirut and Tripoli Orders of Physicians.
- One university professor selected from among three specialists in human rights or public freedoms, nominated by the Council of Deans of the Lebanese University.
- One member selected from among four candidates nominated by the Press and Editors’ Syndicates.
- Three members selected from among twelve human rights activists nominated by the Parliamentary Human Rights Committee, based on candidacies submitted by civil society organizations active in the field of human rights, provided that each candidate is endorsed by at least three Lebanese associations.
The aforementioned bodies shall submit their nominations for the first time within three months from the date of publication of this law in the Official Gazette. Failing this, the Parliamentary Human Rights Committee shall assume this responsibility.
Members shall exercise their functions in their personal capacity, with full independence, and shall not be subject to instructions from any authority.
B. Members of the Institution shall continue to exercise their functions upon expiry of their term until their successors are appointed and have taken the legal oath.
C. The Council of Ministers shall appoint the members within three months from the date on which the nominations are referred to it.
Article 3
Eligibility Conditions for Membership
Candidates must meet the following conditions:
- To be Lebanese for at least ten years, to enjoy full civil rights, not to have been convicted of a felony or a dishonourable misdemeanor, and to be of high moral character.
- To be at least thirty-five years of age.
- To have at least ten years of experience in their field of specialization.
- Due consideration shall be given, in the selection of members, to gender representation.
- Candidates’ application files shall be submitted to the General Secretariat of the Council of Ministers.
Article 4
Full-Time Commitment and Incompatibilities
A. Members shall devote themselves fully to their work within the Institution and are prohibited from engaging in any other professional activity during their term of office.
B. Membership in the Institution may not be combined with the position of Prime Minister or Minister, membership in Parliament, chairmanship or membership of the board of a public institution, the position of mayor, a leadership role in a political party, or membership in the governing bodies of professional associations or of the entities that nominate candidates.
C. A member may not, for a period of two full years following the end of their membership, stand for parliamentary, municipal, or mukhtar elections, nor assume any public political or administrative office.
Article 5
Oath of Office
Members of the Institution shall take the following oath before the President of the Republic:
“I swear by Almighty God to perform my duties within the National Human Rights Institution with honesty, integrity, and independence, and to act in all that I do in a manner that inspires confidence and reflects a commitment to the rule of law and to the protection and promotion of human rights.”
Article 6
Election of the President and Members of the Bureau of the Institution
A. Following the taking of the oath, the members shall convene at the invitation of the eldest member or at the request of three members. They shall elect from among themselves (excluding members of the Committee) by secret ballot a President, a Secretary, and a Treasurer for a non-renewable term of six years.
B. The members of the Committee shall meet and elect from among themselves a Chairperson, who shall, ex officio, serve as Vice-President of the Institution.
Article 7
Internal Regulations and Code of Ethics
A. The members of the first Institution shall adopt internal and financial regulations within two months of taking the oath, by a two-thirds majority. These regulations shall include detailed rules and procedures governing the organization and functioning of the Institution and shall be approved by decree adopted by the Council of Ministers.
B. The Institution shall, in accordance with the procedures set out above, adopt its own code of ethics, which shall be binding on all its members, staff, employees, representatives of associations, and all persons cooperating with it in the performance of its functions.
Article 8
Vacancy of Office
In the event that a seat becomes vacant for any reason before one year prior to the expiry of the term, the Institution shall declare the vacancy. Its President shall notify the Council of Ministers and the competent body responsible for proposing nominations within one week.
The Council of Ministers shall appoint a replacement within three months from the date of notification, in accordance with the provisions of Article 2 of this law.
The replacement member shall complete the remaining term of office.
Article 9
Immunity of Members
A. Except in cases of flagrante delicto, no criminal proceedings may be initiated against a member of the Institution, nor may any criminal measure be taken against them, including arrest, during their term of office, without the authorization of the Institution, after hearing the member concerned, who shall not participate in the vote.
The Institution shall issue its decision within two weeks from the date of notification of the request to lift immunity by the competent judicial authority, failing which authorization shall be deemed implicitly granted.
B. No criminal proceedings may be brought against any staff member of the Institution or any person seconded by it, nor may any criminal measure be taken against them, including arrest, during their service with the Institution, for acts related to such service, except with prior authorization from the Institution.
The Institution shall issue its decision within two weeks from the date of notification of the request to lift immunity by the competent judicial authority, failing which authorization shall be deemed implicitly granted.
C. The offices of the Institution may not be searched, nor may any judicial or administrative measure be taken against them, except with its consent.
The executive authority may not, under any circumstances, suspend or halt the work of the Institution, including in situations of emergency or war.
Article 10
Non-Removability of Members
A. No member of the Institution may be removed from office except in the following cases:
- If their physical or mental condition prevents them from performing their duties.
- If they are convicted by a final judgment of a felony or a dishonourable misdemeanor, provided that their membership shall be automatically suspended upon the issuance of an indictment decision or any judgment against them for the aforementioned offences.
B. The decision of removal shall be taken by the Institution by a two-thirds majority, and notification of the decision shall be sent to the person concerned within three days from the date of its issuance.
C. Decisions of removal may be challenged before the Council of State within two months from the date of notification.
Article 11
Meetings of the Institution and the Committee
The Institution and the Committee shall meet at least once per month, or whenever necessary, upon invitation by their respective Presidents. A meeting shall be considered valid if attended by at least an absolute majority of their members. Decisions shall be adopted by a relative majority.
A member who is absent from three consecutive meetings shall be deemed to have resigned ipso facto.
Article 12
Committees of the Institution
In addition to the Committee established under this law, the Institution may establish committees composed of its members to carry out permanent or specific tasks, in accordance with its internal regulations.
Article 13
Recruitment and Contracting
A. The Institution shall be assisted by an administrative body headed by a full-time Executive Director.
The Committee shall also be assisted by its own administrative body, headed by an Executive Director.
B. The procedures for appointment and the duties shall be determined in the internal regulations.
C. The administrative body shall be subject to the provisions of the internal regulations.
Article 14
Requests for Information
The Institution and the Committee may contact Lebanese or foreign authorities and bodies and request from them any documents or information deemed useful for the proper exercise of their functions. The relevant Lebanese authorities and bodies shall respond to such requests without delay.
Chapter III: Mandate and Powers of the Institution and the Committee
Article 15
Definition of the Mandate of the Institution and the Committee
A. The Institution shall work to protect and promote human rights in Lebanon in accordance with the standards set forth in the Lebanese Constitution, the Universal Declaration of Human Rights, and international human rights treaties and conventions, as well as Lebanese laws consistent with these standards, in addition to performing the specific functions set out in this law. For this purpose, it may communicate independently with international and national bodies concerned with human rights.
B. In particular, the Institution shall be entrusted with the following functions:
- Monitoring Lebanon’s compliance with human rights and international humanitarian law, and preparing and publishing special or periodic reports thereon.
- Contributing independently to the reports required of the Lebanese State.
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Expressing opinions on matters referred to it by competent authorities, or on its own initiative, with regard to compliance with human rights standards.
It may, on its own initiative, express opinions on all legislation, decrees, decisions, draft laws, and policies in this regard.
- Receiving complaints and notifications relating to human rights violations, and contributing to their resolution through negotiation, mediation, or litigation.
- Contributing to the dissemination of a human rights culture and encouraging and developing human rights education programmes.
C. The Committee for the Prevention of Torture, operating within the Institution, shall work to protect the rights of persons deprived of their liberty in accordance with this law and Lebanon’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to in this law as the “Convention against Torture”).
The Committee shall, within the meaning of the Optional Protocol to the Convention against Torture, perform the functions of a National Preventive Mechanism for the protection of persons deprived of their liberty, and shall enjoy independent legal personality in all matters relating to torture and its prevention.
D. The Institution and the Committee shall each prepare, within their respective mandates, a unified report containing their annual programme, achievements, and the challenges encountered. The Institution shall submit this unified report to the Presidency of the Republic, the Presidency of the Parliament, the Presidency of the Council of Ministers, and the President of the Higher Judicial Council. The report shall be published in the Official Gazette, and the Parliament may debate it.
The report shall ensure that no personal or detailed information revealing the identity of victims or witnesses is included without their consent.
Section I: Specific Functions and Powers in Monitoring, Evaluation, and Reporting
Article 16
Monitoring, Evaluation, and Reporting
A. The Institution shall monitor and evaluate the human rights and international humanitarian law situation in Lebanon and, where appropriate, prepare and publish special or periodic reports thereon. It may, by way of example and not limitation, undertake the following activities:
- Monitoring and evaluating laws, all decrees and administrative decisions, as well as the acts and omissions of all public authorities, whether centralized or decentralized, and of bodies performing a public service or of public interest, and assessing them against human rights standards.
- Monitoring and documenting violations of human rights and international humanitarian law throughout periods of armed conflict, and pursuing, through all available means, efforts to put an end to impunity.
- Preparing general reports and special reports on specific cases of violations, including recommendations.
The Institution shall seek to organize dialogues on such reports with the concerned authorities, as well as with institutions, citizens, and the media.
B. Providing independent advice in the preparation of reports required from the Lebanese State under international or regional conventions, proposing independent recommendations in this regard, and following up on their implementation in cooperation with the relevant authorities, institutions, and bodies.
The Institution may also urge the competent administrations to submit the required reports within the prescribed deadlines and in accordance with the applicable procedures.
Section II: Functions and Powers Related to Receiving Complaints and Contributing to Their Resolution
Article 17
Receipt of Complaints and Contribution to Their Resolution
The Institution shall receive notifications and complaints relating to human rights violations in Lebanon from any natural or legal person, whether Lebanese or non-Lebanese. It may investigate the relevant facts and evidence and contribute to their resolution.
Article 18
Procedures for Submitting Notifications and Complaints
A. The Institution shall establish, in its internal regulations, the details, procedures, and conditions for submitting complaints and notifications, ensuring their seriousness, the safety of the complainant or informant, and the confidentiality of correspondence where appropriate.
B. Neither the Institution, nor any of its members or staff, may disclose the name or identity of the complainant or informant in that capacity without their prior written consent, even after the case has been referred to the competent judicial or disciplinary bodies.
Article 19
Investigation
A. Upon receipt of a complaint or notification, the Institution shall designate one or more of its members as rapporteur(s) to conduct and supervise the investigation and to complete the information disclosed, using all available means.
B. The rapporteur may collect all available information personally. The competent executive, administrative, and judicial authorities, as well as all relevant bodies, shall cooperate upon request.
In the event of non-cooperation by the concerned authorities within a maximum period of two weeks from the date of notification, the rapporteur may refer the matter to the competent authorities to take appropriate measures.
Article 20
Measures Following the Investigation
In light of the results of the investigation, the Institution shall decide to close the complaint file, or attempt to resolve the matter through negotiation or mediation in relation to personal rights, or submit notifications to the Public Prosecutor’s Office, which shall inform the Institution of the progress and outcome of its investigations, or assist the complainant in filing the necessary claims before the competent authorities.
The Institution shall comply with the obligation to preserve the confidentiality of investigations as provided for in the Code of Criminal Procedure.
Section III: Functions and Powers Related to Human Rights Education and Its Development
Article 21
Human Rights Education
The Institution shall contribute to the dissemination of a culture of human rights and international humanitarian law, and promote and develop human rights education programmes. It may, by way of example and not limitation, undertake the following activities:
A. Encouraging the Ministry of Education and Higher Education, as well as other public and private educational bodies, and cooperating with them, to incorporate theoretical and practical human rights and international humanitarian law content into their curricula, and to develop such content and related educational tools.
B. Contributing to awareness campaigns and media programmes on standards and means for respecting human rights and international humanitarian law.
C. Preparing studies and organizing conferences, seminars, and training sessions for various public and private bodies on all matters within its mandate, particularly for security forces.
D. Publishing and distributing books and publications on all matters within its mandate.
Section IV: Mandate and Powers of the Committee for the Prevention of Torture
Article 22
Specific Definitions
A. For the purposes of this law, “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by, at the instigation of, or with the express or tacit consent of a public official or any person acting in an official capacity, in particular for the purpose of obtaining from that person or a third person information or a confession, punishing them for an act they or a third person have committed or are suspected of having committed, intimidating or coercing them or a third person, or for any reason based on discrimination of any kind.
This definition does not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions.
B. For the purposes of this law, “deprivation of liberty” means any form of detention, imprisonment, or placement of a person under supervision in a public or private place of detention, where the person is not permitted to leave at will, by order of a judicial, administrative, or other official authority.
Places of deprivation of liberty include, by way of example and not limitation, prisons, detention centres, police stations, holding facilities, juvenile institutions, ports, airports, hospitals, and psychiatric institutions in Lebanon where persons are, or may be, deprived of their liberty, whether under the authority of the Internal Security Forces, the General Security Directorate, the State Security Directorate, the Customs Administration, the Ministry of National Defence, or the Ministry of Justice, hereinafter referred to as “places of deprivation of liberty.”
Article 23
Powers of the Committee to Visit Places of Deprivation of Liberty
A. The Committee, or any of its members duly mandated by it, accompanied by its staff or contracted experts, shall have unrestricted authority to enter and visit all places of deprivation of liberty, including their facilities and premises, in Lebanon without any exception. This is for the purpose of protecting persons therein from torture and other cruel, inhuman, or degrading treatment or punishment and from arbitrary detention, and for cooperating and engaging in dialogue with the competent authorities to improve and develop laws and regulations relating to detainees and places of deprivation of liberty.
B. The Committee, or any of its delegated members, may:
- Conduct regular or unannounced visits at any time to places of deprivation of liberty without prior notice and without requiring authorization from any administrative, judicial, or other authority.
- Conduct private and confidential interviews, individually or collectively, with any person deprived of liberty, without witnesses, and with the assistance of an interpreter where necessary.
- Meet with any other person whom it believes may provide relevant information or assistance, and exercise unrestricted powers to obtain information confidentially as required for its work. The Committee shall not publish any information without the consent of the person or source concerned.
- Receive complaints or requests for interviews from the aforementioned persons, and carry out any medical examination or assessment.
Article 24
Cooperation with Civil Society and Experts
A. In carrying out its mandate, the Committee may cooperate with civil society organizations active in the field of persons deprived of their liberty.
B. It may also seek the assistance of external experts who are not members of its staff. Where necessary, such experts may accompany the Committee or its delegated members during visits to places of deprivation of liberty, subject to the requirements of national defence and public safety.
Article 25
Access to Information
A. In order to enable it to carry out its functions, the Committee shall have the right to obtain any information from the relevant authorities, in particular concerning:
- The number and location of places of deprivation of liberty.
- The full identity of all persons deprived of their liberty, the places of their detention, the date and duration of their detention, and the legal basis thereof.
B. The Committee shall have access to the content and progress of complaints, claims, or defences submitted before judicial, disciplinary, or administrative bodies in which allegations of torture or other cruel, inhuman, or degrading treatment or punishment are raised. Any judicial or disciplinary decision issued in such cases shall be communicated to the Committee by the authority that issued it within one month from the date of issuance.
C. The Committee shall not be required to disclose any information to any authority unless it considers that doing so serves the protection of the rights of persons deprived of liberty. Files and information relating to the Committee shall be confidential and may not be disclosed except by decision of the Committee.
Article 26
Observations, Recommendations, and Proposals
A. The Committee shall formulate its observations, recommendations, and proposals concerning places of deprivation of liberty and the conditions of persons deprived of their liberty, and shall submit them to the Institution and to the competent authorities, with a view to improving conditions and treatment, protecting such persons, and preventing torture and other cruel, inhuman, or degrading treatment or punishment.
B. With regard to persons arbitrarily detained, the Committee shall notify the competent administrative and judicial authorities of their situation, in order to enable those authorities to take the necessary legal and judicial measures to put an end to the unlawfulness of their detention.
C. Through the Institution, the Committee shall express its opinion and submit observations, recommendations, and proposals on draft laws or proposed amendments to existing laws relating to the treatment of persons deprived of their liberty, their detention, the conditions of places of deprivation of liberty, and fair trial procedures.
Article 27
Duty of Cooperation of Authorities
A. Legislative, executive, judicial, and administrative authorities, as well as all relevant bodies, shall cooperate with the Committee and facilitate its work in order to enable it to fulfil its mandate.
B. The Committee shall have the right to communicate directly with the United Nations Subcommittee on Prevention of Torture and to provide it with information where appropriate. It may also meet with it periodically or whenever necessary.
Chapter IV: Financial Provisions and Budget of the Institution
Article 28
A. The Institution shall enjoy administrative and financial independence and shall be subject to ex post oversight by the Court of Accounts.
B. The Institution shall have its own annual budget, included in a dedicated section within the State budget under a specific heading for independent national bodies established by law. The budget shall be sufficient to cover the Institution’s expenses and activities.
The Institution shall prepare its draft budget and its President shall submit it to the Minister of Finance within the deadlines and in accordance with the procedures set out in the Public Accounting Law.
C. An additional allocation shall be opened in the State budget for the Institution for its first operational year following the entry into force of this law.
D. The Institution shall have a dedicated account with the Banque du Liban. The President of the Institution shall commit expenditures in accordance with the provisions of the Public Accounting Law and applicable legislation.
E. The accounts of the Institution shall be subject to internal auditing and independent external auditing by audit and accounting firms in accordance with Article 73 of Law No. 326 of 28 June 2001 (State Budget Law for 2001).
Article 29
Funding of the Institution
The resources of the Institution shall consist of:
A. Budgetary allocations assigned to it in the State budget.
B. Donations, grants, and any financial support from local or international sources, as well as any other resources, provided that they are not subject to conditions incompatible with its independence and that they comply with applicable laws.
Article 30
Remuneration of Members and Commencement of the First Term
A. The President, Vice-President, and members of the Institution shall receive a fixed monthly allowance determined by decree adopted by the Council of Ministers upon the proposal of the Minister of Justice.
B. The first term of the National Human Rights Institution, including the Committee for the Prevention of Torture, shall commence upon the issuance of all regulatory decrees governing the Institution.
Chapter V: Final Provisions
Article 31
Implementing Measures
The detailed provisions for the implementation of this law shall, where necessary, be determined by decrees adopted by the Council of Ministers upon the proposal of the Minister of Justice.
Article 32
Final Provisions
This law shall enter into force upon its publication in the Official Gazette.
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