Based on the Paris Principles, which govern the establishment and functioning of National Human Rights Institutions, and following numerous recommendations addressed to the Lebanese State by the United Nations Human Rights Council and international treaty bodies, Law No. 62 dated 27 October 2016, as amended, was adopted. This law provides for the establishment of the National Human Rights Institution, including the Committee for the Prevention of Torture.
National Human Rights Institutions are funded by the State but remain independent from it. They are not non-governmental organizations; rather, they act as a “bridge” between civil society and governments. They are known by different names in different countries, such as commissions, councils, institutions, ombudsman offices, public defenders, mediators, or defenders of the people.
Lebanon acceded to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment under Law No. 12 dated 5 September 2008. In implementation of Article 17 of the Protocol, the State committed to establishing an independent national mechanism for the prevention of torture through the creation of the National Human Rights Institution, including the Committee for the Prevention of Torture.
The National Human Rights Institution, including the Committee for the Prevention of Torture, was established by Decree No. 3267 dated 19 June 2018 and Decree No. 5147 dated 5 July 2019.
Pursuant to Article 5 of Law No. 62/2016, the members of the Institution took the following oath before the President of the Republic on 16 July 2019 and 14 August 2019:
“I swear by Almighty God to perform my duties in the National Human Rights Institution with integrity, loyalty, and independence, and to act in all that I do in a manner that inspires trust, upholds the rule of law, and protects and promotes human rights.”
In accordance with Article 6 and the provisions of Chapter III of Law No. 62/2016 (Articles 15 to 20 inclusive), the Institution, on 12 November 2019, elected its President and members of the Bureau, and distributed responsibilities among its members as follows:
Dr. Fadi Gerges – President of the Institution
Judge Khalil Abou Rjeili – Head of the Committee for the Prevention of Torture and Vice-President of the Institution
Dr. Rana Jammal, Lawyer – Secretary-General
Mr. Ali Youssef – Treasurer and Commissioner for Complaints
Mr. Bassam Al Kantar – Commissioner for International Relations and Commissioner for Media and Information
Prof. Fadl Daher – Commissioner for Studies and Monitoring, and Commissioner for Education and Development
Dr. Josiane Madi Skaff – Member of the Committee for the Prevention of Torture
Mr. Raymond Madlaj, Lawyer – Member of the Committee for the Prevention of Torture
Ms. Rida Ramez Azar – Member of the Committee for the Prevention of Torture
Dr. Bilal Sablouh – Member of the Committee for the Prevention of Torture
Mandate of the National Human Rights Institution
Law No. 62/2016 defines the mandate of the National Human Rights Institution as follows:
The Institution works to protect and promote human rights in Lebanon in accordance with the standards set out 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. It also carries out the specific functions defined in this law and may communicate independently with relevant international and national human rights bodies.
In particular, the Institution is entrusted with the following functions:
- Monitoring Lebanon’s compliance with human rights and international humanitarian law, and issuing and publishing special or periodic reports thereon.
- Contributing independently to the reports that the Lebanese State is required to submit.
- Providing opinions on matters referred to it by competent authorities, or on its own initiative, regarding compliance with human rights standards.
It may also, on its own initiative, issue opinions on all legislation, decrees, decisions, draft laws, and relevant public policies.
- Receiving complaints and reports concerning human rights violations, and contributing to their resolution through negotiation, mediation, or litigation.
- Contributing to the promotion of a human rights culture and encouraging and developing human rights education programmes.
Mandate of the Committee for the Prevention of Torture
Law No. 62/2016 defines the mandate of the Committee for the Prevention of Torture as follows:
The Committee operates within the Institution to protect the rights of persons detained and deprived of their liberty, in accordance with the provisions of this law and Lebanon’s obligations under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Within the meaning of the Optional Protocol, the Committee performs the functions of the National Preventive Mechanism, aimed at protecting the rights of persons deprived of their liberty. It enjoys independent legal personality in all matters related to torture and its prevention.
The Committee, or any member it designates, together with its staff or contracted personnel, has unrestricted authority to enter and visit all places of deprivation of liberty and their facilities throughout Lebanon without any exception. These visits aim to protect individuals from torture and other forms of cruel, inhuman or degrading treatment or punishment, as well as from arbitrary detention, and to cooperate and engage in dialogue with the competent authorities to strengthen and develop laws and regulations relating to detainees and places of detention.
The Committee, or its designated representatives, may:
- Conduct regular or unannounced visits at any time to places of deprivation of liberty without prior notice and without the need for authorization from any administrative, judicial, or other authority.
- Carry out private interviews, individually or collectively, with any person deprived of liberty, without any supervision, and with the assistance of an interpreter if necessary.
- Meet with any other person who may provide relevant information or assistance deemed necessary, and exercise unrestricted access to information on a confidential basis, as required for its work. The Committee does not publish any information without the consent of the person concerned or the source.
- Receive complaints or requests for meetings from the aforementioned persons, and conduct any medical examination or assessment.
Article 27(b) of Law No. 62/2016 grants the Committee the right to communicate directly with the United Nations Subcommittee on Prevention of Torture, to provide it with information when necessary, and to meet with it periodically or whenever required.
Annual Report
The Institution and the Committee, each within its respective mandate, prepare a unified annual report detailing their programmes, achievements, and the challenges they have faced. The Institution submits this report to the Presidency of the Republic, the Presidency of the Parliament, the Presidency of the Council of Ministers, and the President of the Supreme Judicial Council. The report is published in the Official Gazette and may be discussed by Parliament.
The report ensures that no personal data or identifying details of victims or witnesses are disclosed without their consent.
Standing Committees of the Institution
In accordance with Article 12 of Law No. 62/2016, four standing committees have been established within the Institution:
International Humanitarian Law Committee
This committee works to ensure respect for all international humanitarian law conventions and protocols, as well as relevant customary rules to which Lebanon is a party.
Complaints Committee for Children Victims of Violations of Children’s Rights
This committee serves as the national complaints mechanism for children victims of violations. It is guided by the best interests of the child, taking into account the child’s rights and views, and giving due weight to those views according to the child’s age and maturity.
Committee for the Protection of the Rights of Persons with Disabilities
Without prejudice to the mandates of competent authorities, this committee serves as the national mechanism for the protection of the rights of persons with disabilities.
Committee for Combating Trafficking in Persons
Without prejudice to the mandates of competent authorities, this committee is responsible for combating trafficking in persons and ensuring the protection of victims and witnesses.
Accreditation with “A Status” at the United Nations
The Paris Principles define the internationally agreed standards for the role, composition, status, and functions of National Human Rights Institutions. These principles, developed during an international workshop held in Paris in 1991, were adopted by the United Nations General Assembly in 1993.
The National Human Rights Institution, including the Committee for the Prevention of Torture, is currently preparing all required documentation and reports to apply for accreditation with the United Nations, with the aim of obtaining “A status” within the Global Alliance of National Human Rights Institutions.
Membership in Regional and International Organizations
The Institution has initiated the preparation of applications to join various international and regional organizations, mechanisms, and networks related to human rights protection and promotion. Among the most prominent are:
- The Global Alliance of National Human Rights Institutions
- The Asia-Pacific Forum of National Human Rights Institutions
- The Francophone Network of National Human Rights Institutions
- The Arab Network of National Human Rights Institutions
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