Establishment of the National Human Rights Commission, Including the Committee for the Prevention of Torture

Number of articles: 32
Text identification: Law No. 62 of 27 October 2016
Official Gazette: No. 52 | Publication date: 3 November 2016 | Pages: 3303–3310

Table of Contents

• Part One: Establishment and Organization of the Commission and the Committee
• Part Two: Organization of the Commission
• Part Three: Functions and Powers of the Commission and the Committee
  • Section One: Monitoring, Evaluation and Reporting
  • Section Two: Receiving Complaints and Contributing to Their Resolution
  • Section Three: Contributing to and Developing Human Rights Education
  • Section Four: Functions and Powers of the Committee for the Prevention of Torture
• Part Four: Finances and Budget of the Commission
• Part Five: Final Provisions

Explanatory Memorandum

The Preamble to the Lebanese Constitution affirms Lebanon’s commitment to the Universal Declaration of Human Rights and to embodying its principles and all the rights and duties it sets forth. The promotion and protection of human rights therefore lie at the heart of the constitutional values enshrined in Lebanon.

Lebanon has committed itself to the Charter of the United Nations and its resolutions, particularly General Assembly Resolution 48/134 of 1993 concerning the establishment of national institutions for the promotion and protection of human rights, known as the “Paris Principles.”

Lebanon has also committed itself to establishing a national preventive mechanism against torture pursuant to its international obligations following its accession in 2008 to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

This was followed by Lebanon’s pledge before the Human Rights Council, within the framework of the Universal Periodic Review in November 2010, to establish a national commission concerned with the protection and promotion of human rights.

The draft National Human Rights Action Plan likewise affirmed the establishment of an independent national human rights commission in accordance with the Paris Principles, as an expression of commitment to the rule of law, a state of institutions, and public freedoms, which form the basis of the Lebanese Republic.

Accordingly, and in full coordination with the Ministry of Justice, numerous civil society organizations and a number of international human rights organizations, including the Office of the United Nations High Commissioner for Human Rights, this proposal was prepared. It provides for the establishment of a National Human Rights Commission that includes an independent national mechanism for the prevention of torture.

The proposed Commission contains guarantees enabling it to develop and promote human rights and the rule of law at the national level, so that the advancement of human rights in Lebanon stems from a domestic will reflected by the Lebanese legislature. The Commission is independent, has legal personality, and enjoys financial and administrative independence in carrying out its work. It monitors the human rights situation in Lebanon; provides opinions on draft laws and legislative proposals to ensure their conformity with human rights; and receives individual complaints and mediates with the authorities to ensure respect for the rights of individuals and groups. The Commission is also empowered to investigate violations of international humanitarian law, enabling it to investigate Israeli violations against the Lebanese people and territory during its wars of aggression. The Commission may encourage Lebanon to fulfil its international obligations under the international human rights agreements to which it is a party. It may also make independent contributions to the relevant bodies, reflecting Lebanon’s progressive standing as a pioneer in the field of human rights.

In keeping with Lebanon’s international obligations following its accession to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Committee for the Prevention of Torture, within the Commission, has been granted independent powers to visit places of detention and prisons in Lebanon in order to ensure respect for the rights of detainees and prisoners in accordance with Lebanese law and international human rights law.

Accordingly, we submit this proposed law to the esteemed Parliament, hoping that it will be adopted.

The Chamber of Deputies adopted, and the Council of Ministers, pursuant to Article 62 of the Constitution, promulgates the following Law:

Promulgation Article 1

Sole Article:

• The proposed law aimed at establishing the National Human Rights Commission, including the Committee for the Prevention of Torture, as amended by the Administration and Justice Committee and the Chamber of Deputies, is hereby approved.
• This Law shall enter into force immediately upon its publication in the Official Gazette.

Part One: Establishment and Organization of the Commission and the Committee

Article 1

Establishment of the National Human Rights Commission, Including the Committee for the Prevention of Torture

A. An independent body named the “National Human Rights Commission” (hereinafter referred to in this Law as the “Commission”) is hereby established. It shall have legal personality and administrative and financial independence.

B. The Commission shall include a standing committee called the “Committee for the Prevention of Torture” (hereinafter referred to in this Law as the “Committee”).

C. The members of the Commission and the Committee for the Prevention of Torture, as well as their staff and personnel, shall perform their duties with complete independence from any other authority, within the framework of this Law. The Committee shall also perform its functions and prepare its reports without interference by the Commission.

Part Two: Organization of the Commission

Article 2

Composition of the Commission

A. The Commission shall consist of ten members, five of whom shall be members of the National Committee for the Prevention of Torture. All members shall be appointed by decree issued pursuant to a decision of the Council of Ministers for a non-renewable term of six years, from lists proposed by the following bodies:

1. One member selected from among six former judges nominated by the High Judicial Council.
2. One member selected from among six persons with expertise in criminal law, human rights law or public law, nominated equally by the Beirut and Tripoli Bar Associations.
3. One member selected from among six persons with expertise in international humanitarian law, nominated equally by the Beirut and Tripoli Bar Associations.
4. Two members selected from among six specialists, one in psychiatry and the other in forensic medicine, nominated equally by the Beirut and Tripoli Medical Associations.
5. One university professor selected from among three specialists in human rights or public freedoms nominated by the Council of Deans of the Lebanese University.
6. One member selected from among four nominees put forward by the Press Syndicate and the Editors’ Syndicate.
7. Three members selected from among twelve human rights activists nominated by the Parliamentary Human Rights Committee, on the basis of nominations submitted by civil society organizations working in the field of human rights, provided that each candidate is endorsed by at least three Lebanese associations.

The bodies specified above shall submit their first nominations within three months of the publication of this Law in the Official Gazette; otherwise, the Parliamentary Human Rights Committee shall replace them for this purpose.

Members shall exercise their functions in their personal capacity and with complete independence and shall not be bound by instructions from any authority.

B. Members of the Commission shall continue to exercise their functions after the expiry of their term until their successors are appointed and take the legal oath.

C. The Council of Ministers shall appoint the members within three months from the date on which the names are referred to it.

Article 3

Eligibility Requirements for Membership

A candidate shall meet the following conditions:

1. Be Lebanese for at least ten years, enjoy civil rights, have no conviction for a felony or an offence involving moral turpitude, and be of high moral character.
2. Be at least 35 years of age.
3. Have at least ten years of experience in their field of specialization.
4. Representation of both sexes shall be taken into account when selecting members.
5. Candidates’ files shall be deposited with the General Secretariat of the Presidency of the Council of Ministers.

Article 4

Full-time Service and Incompatibilities

A. Members shall devote themselves full-time to their work at the Commission and shall be prohibited from engaging in any other work during their term.

B. Membership of the Commission may not be combined with the presidency or membership of the Council of Ministers or the Chamber of Deputies; the chairmanship or membership of the board of a public institution; the office of municipal council president; a political-party leadership position; or membership of the boards of trade unions or of the bodies that nominate members.

C. A member may not, before two full years have elapsed from the end of their membership, stand for parliamentary, municipal or mukhtar elections, or assume any political or administrative public office.

Article 5

Oath

Members of the Commission shall take the following oath before the President of the Republic:

“I swear by Almighty God that I shall perform my duties in the National Human Rights Commission with honesty, dedication and independence, and that in all my actions I shall conduct myself in a manner that inspires confidence and demonstrates commitment to the rule of law and to the protection and promotion of human rights.”

Article 6

Election of the President and Officers of the Commission

A. After taking the oath, the members shall meet at the invitation of the oldest member or at the request of three members. By secret ballot, they shall elect from among the members who are not members of the Committee a president, a secretary and a treasurer for a non-renewable six-year term.

B. The members of the Committee shall meet and elect a chairperson from among themselves, who shall ex officio serve as Vice-President of the Commission.

Article 7

Internal Regulations and Code of Ethics

A. Within two months of taking the oath, the first members of the Commission shall, by a two-thirds majority, draw up internal and financial regulations setting out the detailed rules and procedures governing its organization and operation. These regulations shall be approved by decree issued by the Council of Ministers.

B. In accordance with the procedures specified above, the Commission shall adopt its own code of ethics, binding upon all its members, staff and employees, representatives of associations, and all other persons cooperating with it in carrying out its functions.

Article 8

Vacancy

If a membership position becomes vacant for any reason more than one year before the end of the term, the Commission shall declare the vacancy, and its President shall notify the Council of Ministers and the body concerned with proposing the nomination within one week. The Council of Ministers shall appoint a replacement within three months of being notified, in accordance with Article 2 of this Law.

The replacement shall complete the remainder of the term.

Article 9

Immunity of Members

A. Except in cases of flagrante delicto involving a felony, no criminal proceedings may be instituted against a member of the Commission, nor may any criminal measure, including arrest, be taken against them during their term without the Commission’s authorization and after hearing the member concerned, who shall not participate in the vote.

The Commission shall issue its decision within two weeks of receiving the request from the competent judicial authority to lift immunity; otherwise, authorization shall be deemed implicitly granted.

B. No criminal proceedings may be instituted against any Commission employee or person delegated by it, nor may any criminal measure, including arrest, be taken against them during their service with the Commission for acts connected with that service, without prior authorization from the Commission.

The Commission shall issue its decision within two weeks of receiving the request from the competent judicial authority to lift immunity; otherwise, authorization shall be deemed implicitly granted.

C. The Commission’s offices may not be searched, nor may any judicial or administrative measure be taken concerning them, without its consent.

The executive authority may not decide to suspend or halt the work of the Commission under any circumstances, including states of emergency and war.

Article 10

Non-Dismissal of Members

A. No member of the Commission may be dismissed except in the following cases:

1. If their physical or mental condition prevents them from performing their duties.
2. If they are convicted by a final judgment of a felony or an offence involving moral turpitude, provided that their membership shall be automatically suspended immediately upon the issuance of an indictment or any judgment against them for the aforementioned offences.

B. A decision to dismiss a member shall be taken by a two-thirds majority of the Commission, and notice of the decision shall be sent to the person concerned within three days of its issuance.

C. Dismissal decisions may be challenged before the Council of State within two months of notification of the decision.

Article 11

Meetings of the Commission and the Committee

The Commission and the Committee shall each meet at least once a month, or whenever necessary, at the invitation of their respective President or Chairperson. A meeting of either body shall be legally constituted when at least an absolute majority of its members is present. Each body shall take its decisions by a relative majority.

A member who is absent from three consecutive meetings shall be deemed to have resigned automatically.

Article 12

Committees of the Commission

In addition to the Committee established under this Law, the Commission may establish committees composed of its members to perform permanent or specific tasks, as provided in its internal regulations.

Article 13

Employment and Contracting

A. The Commission shall be assisted by an administrative staff headed by a full-time Executive Director. The Committee shall also be assisted by its own administrative staff headed by an Executive Director.

B. Appointment procedures and duties shall be specified in the internal regulations.

C. The administrative staff shall be subject to the internal regulations.

Article 14

Requests for Information

The Commission and the Committee may communicate with Lebanese or foreign authorities and bodies and request that they provide any documents or information deemed useful for the proper performance of their functions. The Lebanese authorities and bodies concerned shall respond to such requests without delay.

Part Three: Functions and Powers of the Commission and the Committee

Article 15

Definition of the Functions of the Commission and the Committee

A. The Commission 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, international human rights conventions and treaties, and Lebanese laws consistent with those standards, in addition to carrying out the specific functions prescribed by this Law. For this purpose, it may communicate independently with international and domestic bodies concerned with human rights.

B. In particular, the Commission shall be entrusted with the following functions:

1. Monitoring Lebanon’s compliance with human rights and international humanitarian law, and preparing and publishing special or periodic reports thereon.
2. Contributing independently to reports that the Lebanese State is required to submit.
3. Providing opinions on all matters referred to it by the competent authorities, or on matters it addresses on its own initiative, with respect to compliance with human rights standards. On its own initiative, it may express opinions on all legislation, decrees and decisions, including drafts thereof, and on relevant policies.
4. Receiving complaints and reports concerning human rights violations and contributing to their resolution through negotiation, mediation or litigation.
5. Contributing to the dissemination of a human rights culture and promoting the implementation and development of human rights education programmes.

C. Within the Commission, the Committee for the Prevention of Torture shall work to protect the rights of persons detained and 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”).

For the purposes of the Optional Protocol to the Convention against Torture, the Committee shall perform the functions of the National Preventive Mechanism in order to protect the rights of persons detained and deprived of their liberty. It shall enjoy independent legal personality in all matters relating to torture and its prevention.

D. The Commission and the Committee shall each, within its respective competence, prepare a report that shall be combined into a unified report setting out their annual programme, achievements and the difficulties they encountered. The Commission shall submit the unified report to the Presidency of the Republic, the Presidency of the Chamber of Deputies, the Presidency of the Council of Ministers and the President of the High Judicial Council. It shall be published in the Official Gazette, and the Chamber of Deputies may discuss it.

The report shall avoid including any personal or detailed information that reveals the identity of victims or witnesses without their consent.

Section One: Monitoring, Evaluation and Reporting

Article 16

Monitoring, Evaluation and Preparation of Reports

A. The Commission shall monitor and evaluate the human rights and international humanitarian law situation in Lebanon and shall prepare and publish, as appropriate, special or periodic reports thereon. It may undertake, by way of example and without limitation, the following activities:

1. Monitor and evaluate laws, all decrees and administrative decisions, and the acts and omissions of all public authorities—central and decentralized—and of bodies providing a public service or serving a public benefit, and assess them against human rights standards.
2. Monitor and document violations of human rights and international humanitarian law throughout periods of armed conflict and pursue, by all available means, efforts to end impunity.
3. Prepare general reports and special reports on specific cases of violations, including recommendations.

The Commission shall seek to organize dialogues on its reports with the authorities concerned, relevant bodies, citizens and the media.

B. The Commission shall provide independent advice during the preparation of reports that the Lebanese State is required to submit under international or regional agreements, propose independent recommendations concerning them, and follow up their implementation in cooperation with all relevant authorities, institutions and bodies. The Commission may urge the relevant administrations to submit required reports within the prescribed deadlines and in accordance with the applicable procedures.

Section Two: Receiving Complaints and Contributing to Their Resolution

Article 17

Receiving Complaints and Contributing to Their Resolution

The Commission shall receive reports and complaints concerning human rights violations in Lebanon from any natural or legal person, whether Lebanese or non-Lebanese. It may investigate the related facts and evidence and contribute to resolving them.

Article 18

Procedures for Submitting Reports and Complaints

A. The Commission shall set out in its internal regulations the details, procedures and conditions for submitting complaints and reports in a manner that ensures the seriousness of the complaint or report, the safety of the complainant or informant, and the confidentiality of correspondence where appropriate.

B. Neither the Commission nor any of its members or employees may disclose the name or identity of a complainant or informant in that capacity without their prior written consent, even after the matter has reached the competent judicial or disciplinary authorities.

Article 19

Investigation

A. Immediately upon receiving a complaint or report, the Commission shall assign one or more of its members as rapporteur to conduct and supervise the investigation and complete the reported information by all available means.

B. The rapporteur may personally collect all available information, and all competent executive, administrative and judicial authorities and all other bodies shall cooperate upon request.

If the authorities concerned fail to cooperate within a maximum of two weeks from the date of notification, the rapporteur may refer the matter to the competent bodies for appropriate action.

Article 20

Measures Following an Investigation

In light of the investigation’s findings, the Commission shall decide whether to close the complaint file; attempt to resolve the cause of the complaint through negotiation or mediation in all matters relating to personal rights; submit reports to the public prosecution offices, which shall inform the Commission of the progress and outcome of their investigation; or assist the complainant in lodging the necessary applications before the competent bodies.

The Commission shall comply with the obligation to preserve the confidentiality of investigations stipulated in the Code of Criminal Procedure.

Section Three: Contributing to and Developing Human Rights Education

Article 21

Human Rights Education

The Commission shall contribute to disseminating a culture of human rights and international humanitarian law and promote the implementation and development of human rights education programmes. It may undertake, by way of example and without limitation, the following activities:

A. Encourage and cooperate with the Ministry of Education and Higher Education and all other public, official and private educational bodies to include theoretical and practical material on human rights and international humanitarian law in their curricula, and to develop such material and the related educational methods.

B. Contribute to advertising and media campaigns and programmes concerning human rights and international humanitarian law standards and the means of respecting them.

C. Prepare studies and organize conferences, seminars and training courses for various official and private bodies on all matters falling within its competence, particularly for the security forces.

D. Issue, publish and distribute books and publications on all matters falling within its competence.

Section Four: Functions 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 committed, instigated, expressly approved or tacitly acquiesced in by a public official or any person acting in an official capacity, which results in severe physical or mental pain or suffering intentionally inflicted on a person, in particular to obtain from that person or a third person information or a confession; to punish that person for an act that they or a third person committed or are suspected of having committed; to intimidate or coerce that person or a third person into doing or refraining from doing an act; or when such pain or suffering is inflicted for any reason based on discrimination of any kind.

The definition above does not include pain or suffering arising from, inherent in or incidental to penalties prescribed by law.

B. For the purposes of this Law, “deprivation of liberty” means any form of detention or imprisonment of persons, or placing them under supervision in a public or private custodial setting which they are 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 without limitation, prisons, detention facilities, police stations, holding cells, juvenile centres and institutions, ports, airports, hospitals and psychiatric institutions in Lebanon where persons are or may be deprived of their liberty, whether under the supervision of the Directorate General of the Internal Security Forces, the Directorate General of General Security, the Directorate General of State Security, the Customs Administration, the Ministry of National Defence or the Ministry of Justice. These are hereinafter referred to as “places of deprivation of liberty.”

Article 23

The Committee’s Powers to Visit Places of Deprivation of Liberty

A. The Committee, or any members it delegates and any staff or contractors accompanying them, shall have unrestricted authority to enter and visit all places of deprivation of liberty and their buildings and facilities throughout Lebanon, without exception, with the aim of protecting persons therein from torture and other cruel, inhuman or degrading treatment or punishment and from arbitrary detention, and of cooperating and engaging in dialogue with the competent authorities in order to strengthen and develop the laws and regulations relating to detainees and places of deprivation of liberty.

B. The Committee or any members it delegates may:

1. Conduct periodic or unannounced visits at any time to places of deprivation of liberty, without prior notice and without requiring authorization from any administrative or judicial authority or any other body.
2. Conduct group or private interviews, in confidence and free from any supervision, with any persons deprived of their liberty whom it chooses, with an interpreter present if necessary.
3. Interview any other person whom it believes may provide relevant information or assistance it deems necessary, and exercise unrestricted authority to obtain information confidentially as required by the Committee’s work. The Committee shall not publish any information without the consent of the person who provided it or its source.
4. Receive complaints or requests for interviews from the persons mentioned above, or carry out any medical examination or inspection.

Article 24

Cooperation with Bodies and Experts

A. In carrying out its functions, the Committee may cooperate with civil society bodies active in matters concerning persons deprived of their liberty.

B. It may also seek the assistance of experts who are not members of its staff. When necessary, such experts may accompany the Committee or its delegated members during visits to places of deprivation of liberty, provided that national defence or public safety requirements are observed.

Article 25

Requests for Information

A. To enable it to perform its functions, the Committee shall have the right to obtain any information from the bodies concerned, particularly concerning:

1. The number and locations of places of deprivation of liberty.
2. The full identity of every person deprived of their liberty, their place of detention, the date on which their detention began, its duration, and the legal basis for the detention.

B. The Committee may review the substance and progress of complaints, allegations or pleas submitted to judicial, disciplinary or administrative bodies in which torture or cruel, inhuman or degrading treatment or punishment is alleged. Every judicial or disciplinary decision issued in cases involving torture or cruel, inhuman or degrading treatment or punishment shall be communicated to the Committee by the body that issued it within one month of its issuance.

C. The Committee shall not be obliged to provide information to any body unless it considers that doing so serves the interests of protecting the rights of persons deprived of their liberty. The Committee’s files and information shall be confidential and may be disclosed only by decision of the Committee.

Article 26

Observations, Recommendations and Proposals

A. The Committee shall formulate 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 Commission and the competent authorities with the aim of improving the conditions and circumstances of deprivation of liberty; improving the treatment and protection of persons deprived of their liberty; and preventing their exposure to torture and other cruel, inhuman or degrading treatment or punishment.

B. With regard to persons detained arbitrarily, the Committee shall inform the competent administrative and judicial authorities of their situation so that those authorities may take the appropriate legal and judicial measures to end the unlawfulness of their detention.

C. Through the Commission, the Committee shall provide its opinion and submit observations, recommendations and proposals concerning draft laws or proposed amendments to laws in force relating to the treatment and detention of persons deprived of their liberty, the conditions in places of deprivation of liberty, and fair-trial procedures.

Article 27

Duty of the Authorities to Cooperate

A. All competent legislative, executive, judicial and administrative authorities and all other bodies shall cooperate with the Committee and facilitate its work in order to assist it in completing its functions.

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 the Subcommittee periodically or whenever necessary.

Part Four: Finances and Budget of the Commission

Article 28

(As amended by Law No. 273/2022 and Law in Force by Operation of Law No. 6/2020)

The Commission’s Budget and Financial Regulations

A. The Commission shall enjoy administrative and financial independence and shall be subject to the ex post oversight of the Court of Audit.

B. The Commission shall have a separate annual budget, included as a separate chapter within a dedicated part of the State budget for independent national bodies established by law, and sufficient to cover the Commission’s expenses and activities. The Commission shall prepare its draft budget, and its President shall transmit it, in accordance with the applicable procedures, to the Minister of Finance within the time limit prescribed by the Public Accounting Law.

C. An additional appropriation shall be opened for the Commission in the general budget for its first operational year after this Law enters into force.

D. A special account shall be opened for the Commission at Banque du Liban. The President of the Commission shall authorize its expenditure in accordance with the procedures stipulated in the Public Accounting Law and other laws in force.

E. The Commission’s accounts shall be subject to internal audit and to independent audit by auditing and accounting firms in accordance with Article 73 of Law No. 326 of 28 June 2001 (the 2001 Budget Law).

Article 29

Funding of the Commission

The Commission’s revenues shall consist of:

A. Appropriations allocated to it in the budget.

B. Donations, grants and any financial support from domestic or international entities, and any other resources, provided that they are not subject to restrictions incompatible with the Commission’s independence and that they comply with the laws in force.

Article 30

(As amended by Law No. 273/2022)

Allowances of Members

A. The President, Vice-President and members of the Commission shall receive a fixed monthly allowance determined by decree issued by the Council of Ministers upon the proposal of the Minister of Justice.

B. The first term of the National Human Rights Commission, including the Committee for the Prevention of Torture, shall commence following the issuance of all decrees regulating the Commission.

Part Five: Final Provisions

Article 31

Implementing Provisions

Where necessary, the details for implementing this Law shall be determined by decrees issued by the Council of Ministers upon the proposal of the Minister of Justice.

Article 32

Final Provisions

This Law shall enter into force immediately upon its publication in the Official Gazette.

Beirut, 27 October 2016
Issued by the Council of Ministers

English translation of the Arabic legal text supplied by the user. In the event of any discrepancy, the official Arabic text prevails.