Death Penalty Database

Lebanon

Information current as of: April 2, 2011

General

Official Country Name

Lebanese Republic (Lebanon). [1]

Geographical Region

Asia (Western Asia). [2]

Death Penalty Law Status

Abolitionist de facto. The last execution took place in 2004. [3]

Methods of Execution

Hanging.
(civilian courts). [4]

Shooting.
Firing Squad (military courts). [5]

References

[1] U.S. Dept. of State, Background Note: Lebanon, http://www.state.gov/r/pa/ei/bgn/35833.htm, Mar. 2010.
[2] U.N., World Macro Regions and Components, U.N. Doc. ST/ESA/STAT/SER.R/29, 2000.
[3] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004.
[4] Lebanon Penal Code, art. 43, 1975.
[5] Raed el Rafei, Lebanon: Harri Assassination Could Lead to Abolition of the Death Penalty, http://deathpenaltyinformation.blogspot.com/2006/09/lebanon-harri-assassination-could-lead.html, Sep. 18, 2006. Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/article.asp?edition_id=1&categ_id=1&article_id=110412#axzz0rb0MIgfA, Jan. 8, 2010. ShooFiMaFi, Ex-e-cute!, http://www.shoofimafi.com/article_display.cfm?ArticleID=92, Jan. 19, 2004 (indicating the distinction between civilian and military executions and the need to locate the Lebanese Military Penal Code).

Country Details

Language(s)

Arabic. [1]

Population

3,874,050. 3,874,050. [2]

Number of Individuals Currently Under Sentence of Death

At least 40 individuals and as many as 62 individuals were on death row as of January 2010. [3] In 2010 there were 4 death sentences and no executions. [4]

Annual Number of Reported Executions

Executions in 2017 to date (last updated on December 6, 2017)

0. [5]

Executions in 2016

0. [6]

Per capita execution rate in 2016

Executions in 2015

0. [7]

Per capita execution rate in 2015

0 executions.

Executions in 2014

0. [8]

Per capita execution rate in 2014

0 executions

Executions in 2013

0. [9]

Per capita execution rate in 2013

0 executions

Executions in 2012

0. [10]

Per capita execution rate in 2012

0 executions

Executions in 2011

0. [11]

Per capita execution rate in 2011

0 executions

Executions in 2010

0. [12]

Executions in 2009

0. [13]

Executions in 2008

0. [14]

Executions in 2007

0. [15]

Year of Last Known Execution

2004. [16]

References

[1] U.S. Dept. of State, Background Note: Lebanon, http://www.state.gov/r/pa/ei/bgn/35833.htm, Mar. 2010.
[2] U.S. Dept. of State, Background Note: Lebanon, http://www.state.gov/r/pa/ei/bgn/35833.htm, Mar. 2010.
[3] Amnesty Intl., Human Rights in Lebanese Republic Report 2009, http://www.amnesty.org/en/region/lebanon/report-2009, Mar. 6, 2010. Lebanese Center for Human Rights, Prisons in Lebanon: Humanitarian & Legal Concerns, p. 58, http://cldh-arbitrarydetention.blogspot.com/, Apr. 20, 2010.
[4] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[5] DPW Executions and Death Sentences Monitor.
[6] Amnesty International, Death sentences and executions in 2016, ACT 50/5740/2017, Apr. 11, 2017.
[7] DPW Executions and Death Sentences Monitor.
[8] Amnesty Intl., Death Sentences and Executions in 2014, ACT 50/001/2015, Mar. 31, 2015.
[9] Amnesty Intl., Death Sentences and Executions in 2013, ACT 50/001/2014, Mar. 26, 2014.
[10] Amnesty Intl., Death Sentences and Executions in 2012, ACT 50/001/2012, Apr. 9, 2013.
[11] Amnesty Intl., Death Sentences and Executions in 2011, ACT 50/001/2012, http://www.amnesty.org/en/library/info/ACT50/001/2012/en, Mar. 27, 2012.
[12] Amnesty Intl., Death Sentences and Executions in 2010, p. 5, ACT 50/001/2011, Mar. 28, 2011.
[13] Amnesty Intl., Death Sentences and Executions in 2009, ACT 50/001/2010, Mar. 30, 2010.
[14] Amnesty Intl., Human Rights in Lebanese Republic Report 2008, http://www.amnesty.org/en/region/lebanon/report-2008, Mar. 6, 2010.
[15] Amnesty Intl., Human Rights in Lebanese Republic Report 2007, http://www.amnesty.org/en/region/lebanon/report-2007, Mar. 6, 2010.
[16] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004; Dalila Mahdawi, Prisons crowded to twice their capacity, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=112068&categ_id=1, Feb. 24 2010.

Crimes and Offenders Punishable By Death

Crimes Punishable by Death

Aggravated Murder.
Murder is death eligible when committed in pursuance of a crime; or to cover up a crime; or against an officer enforcing narcotics laws; or against direct ascendants or descendants or with cruelty. [1]

Murder. [2]

Other Offenses Resulting in Death.
Gang-robbery or gang-assault is death-eligible if killing is committed in pursuance of the criminal activity. [3] Arson against certain types of structures, or sabotage of communications, transportation or industrial facilities causing death is punishable by death. [4]

Terrorism-Related Offenses Resulting in Death. [5]

Terrorism-Related Offenses Not Resulting in Death.
Complete or partial destruction of a building containing one or more persons is punishable by death. [6]

Robbery Not Resulting in Death.
Gang-robbery involving torture is punishable by death. [7]

Economic Crimes Not Resulting in Death.
Importing nuclear/toxic/hazardous waste or polluting rivers or waterways with harmful substances is death-eligible. [8]

Treason.
Bearing arms against Lebanon on behalf of the enemy; interfering with munitions/supplies of the army during wartime or threat of war, or if causing death; or participating in maneuvers with, or passing information to the enemy, or to a foreign power for purposes of hostilities is death-eligible (in the latter case, only punishable by death if the action has consequences). [9] Also, sedition for the purposes of starting civil war, sectarian or religious strife, or promoting massacres or pillaging is death-eligible if the sedition is successful. [10]

Espionage.
Espionage for the enemy is punishable by death. [11] Individuals in Lebanon have recently been sentenced to death for spying. [12]

Military Offenses Not Resulting in Death.
The Military Penal Code specifies death for crimes of desertion, crimes against honor and military duty, crimes of military treason and conspiracy, robberies and destruction. We note, however, that we were not able to locate the legislative text for these offenses. [13]

Other Offenses Not Resulting in Death.
Aggravated Assault. [14]
Gang-assault involving torture is punishable by death.

Life-eligible crimes with recidivism.
Under some circumstances, the punishment for an aggravated offenses could be increased from life imprisonment to death. [15] Anyone sentenced to perpetual forced labor (the most severe non-capital punishment) who commits a second crime of the same severity may receive the death penalty. [16]

Does the country have a mandatory death penalty?

No. The mandatory death penalty for some offenses was legislatively repealed in 2001. [17] The Penal Code usually prescribes set penalties for each crime, with a generic provision for aggravating and attenuating circumstances. [18] Note that Hood & Hoyle state that the death penalty is mandatory for treason and collaboration with the enemy. [19]

For Which Offenses, If Any, Is a Mandatory Death Sentence Imposed?

The mandatory death penalty for some offenses was legislatively repealed in 2001. [20] The Penal Code usually prescribes set penalties for each crime, with a generic provision for aggravating and attenuating circumstances. [21]

Crimes For Which Individuals Have Been Executed Since January 2008:

Categories of Offenders Excluded From the Death Penalty:

Individuals Below Age 18 At Time of Crime.
The maximum sentence for an individual who commits a crime while under the age of 18 is 5 to 10 years in a re-education house with forced labor. [22]

Pregnant Women.
Death sentences are suspended during a death-sentenced woman’s pregnancy. [23]

Intellectually Disabled. [24]
When intellectual disability diminishes a person's ability to comprehend or control his actions at the time of the offense, this is a mitigating excuse.

Mentally Ill. [25]
Insanity at the time of the offense may preclude criminal liability, and intoxication is, in some cases, a mitigating excuse. We do not know whether there are additional exclusions for a person who becomes insane after committing an offense, or whether a prisoner can be executed while insane.

References

[1] Lebanon Penal Code, art. 549,1975.
[2] Lebanon Law No. 673 on Narcotics, Psychotropic Substances and Precursors as Amended by Law No. 77 of 1999, art. 140, 1999.
[3] Lebanon Penal Code, art. 549, 1975.
[4] Lebanon Penal Code, art. 336
[5] Lebanon Penal Code, art. 591, 1975.
[6] Lebanon Penal Code, art. 599, 1975.
[7] Lebanon Penal Code, art. 315, 1975.
[8] Lebanon Penal Code, art. 315, 1975.
[9] Lebanon Penal Code, art. 336
[10] Law of the Maintenance of the Environment from Pollution by Hazardous Waste and Materials, arts. 10, 11, No. 64 of 1988, amended by Law No. 266 of 1993; The Arab Penal Reform Organization, A Discussion of a Report on Executions in the Arab World in Sharm Al Sheikh, Hood Online, http://www.hoodonline.org/news_details.php?sid=1136, 2007.
[11] Lebanon Penal Code, art. 273, 1975.
[12] Lebanon Penal Code, art. 276, 1975.
[13] Lebanon Penal Code, arts. 274, 275, 1975.
[14] Lebanon Penal Code, art. 308, 1975.
[15] Lebanon Penal Code, art. 282, 284, 257, 1975.
[16] Christian Broadcasting Network, Death penalty for alleged conspirators, http://www.cbn.com/cbnnews/world/2010/February/Death-Penalty-for-Alleged-Conspirators/, Feb. 19, 2010.
[17] The Arab Penal Reform Organization, A Discussion of a Report on Executions in the Arab World in Sharm Al Sheikh, Hood Online, http://www.hoodonline.org/news_details.php?sid=1136, 2007.
[18] Lebanon Penal Code, art. 336
[19] Lebanon Penal Code, art. 257, 1975
[20] Lebanon Penal Code, art. 258, 1975.
[21] Amnesty Intl., Amnesty International Report 2002: Lebanon, Refworld, http://www.unhcr.org/refworld/docid/3cf4bc1318.html, 28 May 2002 (indicating that Lebanon legislatively repealed the mandatory death penalty and gave courts discretion in sentencing); Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16-17, Jun. 2008.
[22] Lebanon Penal Code, arts. 253, 256, 1975.
[23] Roger Hood & Carolyn Hoyle, The Death Penalty: A Worldwide Perspective, p. 279 fn. 7, Oxford University Press, 4th ed., 2008.
[24] Amnesty Intl., Amnesty International Report 2002: Lebanon, Refworld, http://www.unhcr.org/refworld/docid/3cf4bc1318.html, 28 May 2002 (indicating that Lebanon legislatively repealed the mandatory death penalty and gave courts discretion in sentencing); Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16-17, Jun. 2008.
[25] Lebanon Penal Code, arts. 253, 256, 1975.
[26] Lebanon Penal Code, art. 238, 1975.
[27] Lebanon Penal Code, art. 43, 1975.
[28] Lebanon Penal Code, arts. 233, 251, 1975.
[29] Lebanon Penal Code, art. 231, 235, 251, 1975.

International Commitments

ICCPR

Party?

Yes. [1]

Date of Accession

Nov. 3, 1972. [2]

Signed?

No. [3]

Date of Signature

Not Applicable.

First Optional Protocol to the ICCPR, Recognizing Jurisdiction of the Human Rights Committee

Party?

No. [4]

Date of Accession

Not Applicable.

Signed?

No. [5]

Date of Signature

Not Applicable.

Second Optional Protocol to the ICCPR, Toward the Abolition of the Death Penalty

Party?

No. [6]

Date of Accession

Not Applicable.

Signed?

No. [7]

Date of Signature

Not Applicable.

American Convention on Human Rights

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Death Penalty Protocol to the ACHR

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on Human and Peoples' Rights (ACHPR)

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Protocol to the ACHPR on the Rights of Women in Africa

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

African Charter on the Rights and Welfare of the Child

Party?

Not Applicable.

Date of Accession

Signed?

Not Applicable.

Date of Signature

Arab Charter on Human Rights

Party?

Yes. [8]

Date of Accession

May 8, 2011. [9]

Signed?

Yes. [10]

Date of Signature

September 25, 2006. [11]

2016 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [12]

Vote

Abstained. [13]

Signed the Note Verbale of Dissociation

No. [14]

2014 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [15]

Vote

Abstained. [16]

Signed the Note Verbale of Dissociation

No. [17]

2012 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [18]

Vote

Abstained. [19]

Signed the Note Verbale of Dissociation

No. [20]

2010 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [21]

Vote

Abstained. [22]

Signed the Note Verbale of Dissociation

No. [23]

2008 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [24]

Vote

Abstained. [25]

Signed the Note Verbale of Dissociation

No. [26]

2007 Record of Votes on the UN General Assembly Moratorium Resolution

Cosponsor

No. [27]

Vote

Abstained. [28]

Signed the Note Verbale of Dissociation

No. [29]

References

[1] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Jun. 10, 2010.
[2] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Jun. 10, 2010.
[3] Status, Declarations, and Reservations, ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4?=en, last accessed Jun. 10, 2010.
[4] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4?=en, last accessed Jun. 10, 2010.
[5] Status, Declarations, and Reservations, Optional Prot. to the ICCPR, 999 U.N.T.S. 171, Dec. 16, 1966, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-5&chapter=4?=en, last accessed Jun. 10, 2010.
[6] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4?=en, last accessed Jun. 10, 2010.
[7] Status, Declarations, and Reservations, Second Optional Prot. to the ICCPR, Aiming at the Abolition of the Death Penalty, 1642 U.N.T.S. 414, Dec. 15, 1989, http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-12&chapter=4?=en, last accessed Jun. 10, 2010.
[8] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. 7, 2014.
[9] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. 7, 2014.
[10] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. 7, 2014.
[11] Arab League, Statement of Signatures and Ratifications of the Arab Charter of Human Rights, http://www.lasportal.org/wps/wcm/connect/498481804a04776ea1d7bd526698d42c/%D8%AC%D8%AF%D9%88%D9%84+%D8%AA%D8%B5%D8%AF%D9%8A%D9%82+%D8%A7%D9%84%D8%AF%D9%88%D9%84+%D8%B9%D9%84%D9%89+%D8%A7%D9%84%D9%85%D9%8A%D8%AB%D8%A7%D9%82+%D8%A7%D9%84%D8%B9%D8%B1%D8%A8%D9%8A+%D9%84%D8%AD%D9%82%D9%88%D9%82+%D8%A7%D9%84%D8%A5%D9%86%D8%B3%D8%A7%D9%86.pdf?MOD=AJPERES (translated from Arabic by DPW), last accessed Apr. 7, 2014.
[12] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[13] U.N.G.A., 71st Session, Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 54-71 U.N. Doc. A/71/484/Add.2, Dec. 6, 2016.
[14] U.N.G.A., 71st Session, Note Verbale dated 7 September 2017, U.N. Doc. A/71/1047, Sep. 13, 2017.
[15] U.N.G.A., 69th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 141, 144, U.N. Doc. A/69/488/Add.2, Dec. 8, 2014.
[16] U.N.G.A., 69th Session, 73rd Plenary Meeting, pp. 17-18, U.N. Doc. A/69/PV.73, Dec. 18, 2014.
[17] U.N.G.A., 69th Session, Note Verbale dated 28 July 2015, U.N. Doc. A/69/993, Jul. 29, 2015.
[18] U.N.G.A., 67th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, paras. 95-96, U.N. Doc. A/67/457/Add.2, Dec. 8, 2012.
[19] U.N.G.A., 67th Session, 60th Plenary Meeting, pp. 16-17, U.N. Doc. A/67/PV.60, Dec. 20, 2012.
[20] U.N.G.A., 67th Session, Note Verbale dated 16 April 2013, U.N. Doc. A/67/841, Apr. 23, 2013.
[21] U.N.G.A., 65th Session, Promotion and Protection of Human Rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, p. 5, U.N. Doc. A/65/456/Add.2, Dec. 8, 2010.
[22] U.N.G.A., 65th Session, 71st Plenary Meeting, pp. 18-19, U.N. Doc. A/65/PV.71, Dec. 21, 2010.
[23] U.N.G.A., 65th Session, Note Verbale dated 11 March 2011, U.N. Doc. A/65/779, Mar. 11, 2011.
[24] U.N.G.A., 63rd Session, Promotion and Protection of Human Rights: Human Rights Questions, Including Alternative Approaches for Improving the Effective Enjoyment of Human Rights and Fundamental Freedoms, U.N. Doc. A/63/430/Add.2, Dec. 4, 2008.
[25] U.N.G.A., 63rd Session, Moratorium on the Use of the Death Penalty: Resolution, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[26] U.N.G.A., 63rd Session, Note verbale of Dissociation, A/62/658, Jan. 11, 2008.
[27] U.N.G.A., 62nd Session, Promotion and Protection of Human Rights: Human Rights Questions, Including Alternative Approaches for Improving the Effective Enjoyment of Human Rights and Fundamental Freedoms, U.N. Doc. A/62/439/Add.2, Dec. 5, 2007.
[28] U.N.G.A., 63rd Session, Moratorium on the Use of the Death Penalty: Resolution, 70th Plenary Meeting, pp. 16-17, U.N. Doc. A/63/PV.70, Dec. 18, 2008.
[29] U.N.G.A., 63rd Session, Note verbale of Dissociation, A/63/716, Feb 12, 2009.

Death Penalty In Law

Does the country’s constitution make reference to capital punishment?

Not directly. [1] However, Preamble (b) indicates that Lebanon shall govern consistently with its covenants through the UN, [2] and some of those covenants restrict capital punishment.

Does the country’s constitution make reference to international law?

Yes. Preamble (b) indicates that Lebanon shall govern consistently with its pacts and covenants as a member of the Arab League, the UN’s Universal Declaration of Human Rights, and its covenants through the UN. [3]

Have there been any significant changes in the application of the death penalty over the last several years?

The most recent important change occurred in 2001, when the mandatory death penalty was legislatively repealed. [4] High-level political initiatives to abolish the death penalty have been relatively frequent, but have not yet resulted in a rewrite of the Penal Code. [5] A law to abolish the death penalty was proposed in 2008, [6] and the Justice Ministry launched a new campaign for abolition in August 2009. [7] Meanwhile, many judges are vocal in demanding the death penalty against members of Islamist groups and Israeli spies. [8]

Is there currently an official moratorium on executions within the country?

No. [9] From 1943-1975, thirty-four executions were carried out; a de facto moratorium was in place during the civil war of 1975-1990. [10] From 1994-1998, it was imposed fourteen times as part of a crackdown on crime after the 1975-90 civil war. [11] Salim al-Hoss, prime minster from 1998-2000, imposed a moratorium, stating that he would refuse to authorize any executions. [12] Three executions were carried out in 2004. [13] As of January, 2010, there is once again a de facto moratorium, as no further executions have been carried out since 2004. [14]

Have there been any significant published cases concerning the death penalty in national courts?

Pending case: Lebanese prosecutors requested the death penalty for 11 suspected al-Qaeda members for planning attacks and monitoring Lebanese soldiers' movements. [15]

Where can one locate or access judicial decisions regarding the death penalty?

No good database was found as of May 4, 2010. Mattar Law, a Lebanese firm, mentions two cases on its website but does not provide the full decisions. [16]

What is the clemency process?

Reports indicate that no death sentence shall be enforced before the opinion of the Board of Pardons and approval of all three of the President, Prime Minister, and Justice Minister. [17] The law we found suggests that after the appeals process is complete, [18] a Board of Pardons reviews the case to recommend execution or reduction, [19] whereupon the head of state may approve the execution, commute the sentence or pardon the offender. [20] In some cases, pardon may be based on compensation paid by the offender. [21] The legislature may grant a general amnesty. [22]

Are jury trials provided for defendants charged with capital offenses?

No. [23]

Brief Description of Appellate Process

Within the regular court system a defendant can appeal from a court of first instance to a three-judge court of appeal, and then on to the one Court of Cassation (Supreme Court) that deals with criminal cases. [24] There is a parallel system of military courts whose jurisdiction extends to military cases – these courts' judges are predominantly soldiers who do not necessarily have any legal training, and their decisions cannot be appealed. [25]

References

[1] Lebanese Constitution, 1926, amended 1990.
[2] Lebanese Constitution, 1926, amended 1990.
[3] Lebanese Constitution, 1926, amended 1990.
[4] Amnesty Intl., Amnesty International Report 2002: Lebanon, http://www.unhcr.org/refworld/docid/3cf4bc1318.html, 28 May 2002 (indicating that Lebanon legislatively repealed the mandatory death penalty and gave courts discretion in sentencing); Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16-17, Jun 2008
[5] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010.
[6] Daily Star, Najjar presents draft law to abolish death penalty, http://www.thefreelibrary.com/Najjar+presents+draft+law+to+abolish+death+penalty.-a0186797928, Oct. 11, 2008.
[7] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010.
[8] Dalila Mahdawi, Lebanon missed opportunities to promote human rights, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=111120&categ_id=1, accessed, Jan. 27, 2010
[9] Dalila Mahdawi, The Year of Missed Opportunities, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=110273&categ_id=1, Jan. 4, 2010.
[10] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010.
[11] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004.
[12] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004.
[13] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004.
[14] Dalila Mahdawi, The Year of Missed Opportunities, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=110273&categ_id=1, Jan. 4, 2010.
[15] Xinhua, Lebanon requests death penalty for 11 al-Qaeda members, http://www.china.org.cn/world/2010-02/18/content_19434256.htm, Feb. 18, 2010.
[16] Mattar Law, Mar. 26, 2010.
[17] BBC, Death Penalty Resumes in Lebanon, http://news.bbc.co.uk/2/hi/middle_east/3404691.stm, Jan. 17, 2004
[18] Lebanon Penal Code, art. 154, 1975.
[19] Lebanon Penal Code, art. 43, 1975.
[20] Lebanon Penal Code, art. 152-153, 1975.
[21] Lebanon Penal Code, art. 170, 1975.
[22] Lebanon Penal Code, art. 150, 1975.
[23] U.S. Dept. of State, 2009 Human Rights Report: Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136073.htm, Mar. 11, 2010.
[24] Encyclopedia of the Nations, Lebanon: judicial system, http://www.nationsencyclopedia.com/Asia-and-Oceania/Lebanon-JUDICIAL-SYSTEM.html, Mar. 25, 2010.
[25] Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16, Jun. 2008.

Death Penalty In Practice

Where Are Death-Sentenced Prisoners incarcerated?

Most death row prisoners are incarcerated in Roumieh Prison (near Beirut), with some in Tripoli Prison. [1] Women are likely to be held in separate facilities in the Tripoli Prison. [2]

Description of Prison Conditions

Prisons are overcrowded, with Roumieh Prison, the primary prison for death-sentenced prisoners, filled to over double its capacity. [3] According to the Lebanese Center for Human Rights (CLDH), prisons are dangerously neglected and mismanaged. [4] Overcrowding, severely unsanitary conditions, lack of bedding, serious restrictions on daily exercise and outdoor-time, lack of sunlight and fresh air, severe and unsanitary solitary confinement conditions, inadequate visitation facilities, underprovided medical and mental health resources, and potential mixing of adult and minor populations is associated with prisons where death row inmates are held. [5]

Are there any known foreign nationals currently under sentence of death?

Yes (unspecified number and nationality), as of January 2010. [6]

What are the nationalities of the known foreign nationals on death row?

One prisoner, Sonele Daas, is Bangladeshi. [7] One man sentenced to death for spying in February 2010, Hussein Khattab, is Palestinian. [8]

Are there any known women currently under sentence of death?

One woman was under sentence of death as of January 2010. [9]

Are there any reports of individuals currently under sentence of death who may have been under the age of 18 at the time the crime was committed?

As of May 4, 2010, we did not find any reports of individuals under sentence of death for crimes committed while under the age of eighteen.

Comments regarding the racial/ethnic composition on death row

Lebanon is a multi-ethnic, multi-faith nation which, as a means of ending civil war, adopted the Ta’if Accord, which divides representation among faiths. [10] Perhaps because of this approach, Lebanon has, in recent years, executed prisoners who committed unrelated crimes but, together, represented all major faiths in the nation. [11] According to the Lebanon Association for Civil Rights, three executions in 2004 exemplified the political motives behind capital punishment, as the condemned were one Sunni, one Shia, and one Christian. [12]

Are there lawyers available for indigent defendants facing capital trials?

There is no state-funded public defender office in Lebanon. [13] Volunteer legal aid attorneys are scarce, and they often miss hearings and meetings with clients. [14]

Are there lawyers available for indigent prisoners on appeal?

There is no state funded public defender office, so any availability of legal aid to prisoners on appeal is through bar associations. [15]

Comments on Quality of Legal Representation

According to the Lebanese Center for Human Rights, lawyers provided through the legal aid system lack incentives to help their clients, and often fail to meet with their clients or show up for hearings. [16] The lawyers are usually not paid. [17]

Other Comments on Criminal Justice System

The Justice Council, which is sometimes convened to try death penalty cases, has been criticized by the WCADP as being heavily influenced by political concerns. [18] There is no presumption of innocence, and a number of poor migrants are poorly represented. [19] Lengthy pre-trial incarceration and arbitrary post-sentence incarceration is a serious problem both in terms of justice and overcrowding, and local human rights groups point to inadequacies in administration, the judiciary, and general legal resources as the cause of such problems. [20]

Additionally, 1997 reports indicate that the Council of Ministers can bypass the justice system by recommending that a case be sent to the Justice Council, a special tribunal from which no appeals can be made, [21] and this situation could remain unchanged.

A death sentence lapses after 25 years from the date of sentencing if an individual was tried in absentia and has not been captured or if the individual has escaped from prison without recapture. [22]

References

[1] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010.
[2] Lebanese Center for Human Rights, Prisons in Lebanon: Humanitarian & Legal Concerns, http://cldh-arbitrarydetention.blogspot.com/, Apr. 20, 2010.
[3] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010; Dalila Mahdawi, Prisons crowded to twice their capacity, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=112068&categ_id=1 , Feb. 24, 2010.
[4] Dalila Mahdawi, Prisons crowded to twice their capacity, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=112068&categ_id=1, Feb. 24, 2010.
[5] Lebanese Center for Human Rights, Prisons in Lebanon: Humanitarian & Legal Concerns, http://cldh-arbitrarydetention.blogspot.com/, Apr. 20, 2010; U.S. Dept. of State, 2009 Human Rights Report: Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136073.htm, Mar. 11, 2010.
[6] Dalila Mahdawi, Death row inmates plead for second chance, Daily Star, http://www.dailystar.com.lb/printable.asp?art_ID=110412&cat_ID=1, Jan. 8, 2010.
[7] Daily Star, Abolition of death penalty linked to stability, http://deathpenaltyinformation.blogspot.com/2007/11/lebanon-abolition-of-death-penalty.html, Nov. 21, 2007.
[8] Christian Broadcasting Network, Death penalty for alleged conspirators, http://www.cbn.com/cbnnews/world/2010/February/Death-Penalty-for-Alleged-Conspirators/, Feb. 19, 2010.
[9] Lebanese Center for Human Rights, Prisons in Lebanon: Humanitarian & Legal Concerns, http://cldh-arbitrarydetention.blogspot.com/, Apr. 20, 2010.
[10] Ta’if Accord, http://www.al-bab.com/arab/docs/lebanon/taif.htm, 1989.
[11] Daily Star, Abolition of death penalty linked to stability, http://deathpenaltyinformation.blogspot.com/2007/11/lebanon-abolition-of-death-penalty.html, Nov. 21, 2007.
[12] Mona Alami, Public must wait for full abolition plan, Inter Press Service, http://ipsnews.net/news.asp?idnews=44844, Nov. 25, 2008.
[13] U.S. Dept. of State, 2009 Human Rights Report: Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136073.htm, Mar. 11, 2010.
[14] Dalila Mahdawi, Prisons crowded to twice their capacity, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=112068&categ_id=1, Feb. 24, 2010; Daily Star, Abolition of death penalty linked to stability, http://deathpenaltyinformation.blogspot.com/2007/11/lebanon-abolition-of-death-penalty.html, Nov. 21, 2007.
[15] U.S. Dept. of State, 2009 Human Rights Report: Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136073.htm, Mar. 11, 2010.
[16] Dalila Mahdawi, Prisons crowded to twice their capacity, Daily Star, http://www.dailystar.com.lb/article.asp?edition_ID=1&article_ID=112068&categ_id=1, Feb. 24, 2010.
[17] Daily Star, Abolition of death penalty linked to stability, http://deathpenaltyinformation.blogspot.com/2007/11/lebanon-abolition-of-death-penalty.html, Nov. 21, 2007.
[18] Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16, Jun. 2008. Note that this document incorrectly refers to the Justice Council as the “Court of Justice.”
[19] U.S. Dept. of State, 2009 Human Rights Report: Lebanon, http://www.state.gov/g/drl/rls/hrrpt/2009/nea/136073.htm, Mar. 11, 2010.
[20] Lebanese Center for Human Rights, Prisons in Lebanon: Humanitarian & Legal Concerns, p. 58, http://cldh-arbitrarydetention.blogspot.com/, Apr. 20, 2010.
[21] U.N. ICCPR Human Rights Committee, Concluding observations of the Human Rights Committee: Lebanon, U.N. Doc. CCPR/C/79/Add.78, Apr. 1, 1997.
[22] Mona Chamass, Fighting against the death penalty in the Arab world, World Coalition Against the Death Penalty, p. 16, Jun. 2008.
[23] Lebanon Penal Code, art. 163, 1975.

Decisions of International Human Rights Bodies

Decisions of Human Rights Committee

In 1997 the Human Rights Committee determined that the non-availability of appeals from the Justice Council violates the ICCPR; the military courts should not have jurisdiction over civilian affairs; the independence and impartiality of the judiciary is a matter of concern; and Lebanon should abolish the death penalty. [1]

Decisions of Other Human Rights Bodies

None were found in searches as of May 19, 2010. The Human Rights Council will complete its Universal Periodic Review of human rights in Lebanon in November 2010: http://www.upr-info.org/-Lebanon-.html.

References

[1] U.N. ICCPR Human Rights Committee, Concluding observations of the Human Rights Committee: Lebanon, U.N. Doc. CCPR/C/79/Add.78, Apr. 1, 1997.

Additional Sources and Contacts

Direct member(s) of World Coalition Against the Death Penalty

Association Justice et Miséricorde (AJEM)
Mr. Hadi Aya
President
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
Tel: +961 1 90 15 60
info@ajemlb.org
www.ajemlb.org

Association Justice et Miséricorde (AJEM)
Cécile Izard
Communication Officer
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
Tel: +961 1 90 15 60
cecile.izard@ajemlb.org
www.ajemlb.org

Association Justice et Miséricorde (AJEM)
Mr. Ziad Achour
Lawyer
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
ziadachour@yahoo.fr

Association Justice et Miséricorde (AJEM)
Mrs. Lina Aya Chamoun
Lawyer
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
linaayachamoun@gmail.com

Association Libanaise pour L'Education el la Formation, ALEF
Mrs. Darine El-Hage
Executive Director
Hazmieh- Mar Takla- Assi el Helleni St. - Kiyamah Building - Floor B1
Beirut, Lebanon
Tel: +961 545 8854, +961 595 2892
Fax: +961 595 2898
alef@alefliban.org
www.alefliban.org

Association Libanaise pour L'Education el la Formation, ALEF
Mr. Ziad Naboulsi
Project Officer
Hazmieh- Mar Takla- Assi el Helleni St. - Kiyamah Building - Floor B1
Beirut, Lebanon
Tel: +961 545 8854, +961 595 2892
Fax: +961 595 2898
ziad.naboulsi@alefliban.org
www.alefliban.org

Association Libanaise pour les Droits Civils (LACR)
Dr. Walid Slaybi
Co-Fondateur President
55 rue youssef el Hani
B.P. 17 5227 - Gemmayzeh, Beirut, Lebanon
Tel: +961 0 1 445333
Fax: +961 0 1 445333
info@houkoukmadania.org
www.houkoukmadania.org

Association Libanaise pour les Droits Civils (LACR)
Dr. Ogarit Younan
Co-Fondatrice
55 rue youssef el Hani
B.P. 17 5227 - Gemmayzeh, Beirut, Lebanon
info@houkoukmadania.org

Association Libanaise pour les Droits Civils (LACR)
Mrs. Nour Hassan
Coordinatrice Exécutive LACR
55 rue youssef el Hani
B.P. 17 5227 - Gemmayzeh, Beirut, Lebanon
abolition@houkoukmadania.org Chaml (Non-Violent Non-Sectarian Lebanese Citizenly Youth)
Mr. Mazen Abou Hamdan
President
55 Youssef Al Hani Street
Rizk Building
B.P. 17 5227
Gemmayzeh/ Beirut
Lebanon
info@chaml.org
Tel (+961) (0) 1 445333 / (+961) (0) 3 111445
www.chaml.org

Other non-governmental organizations and individuals engaged in advocacy surrounding the death penalty

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk

Helpful Reports and Publications

The Daily Star, a Lebanese news outlet, has a searchable database of news.
http://www.dailystar.com.lb/

The website of the Lebanese Center for Human Rights contains several reports.
http://solida.org/ (alternative site with links that may work better: http://cldh-arbitrarydetention.blogspot.com/)

WCADP 2008 Report. [1]

Additional notes regarding this country

None.

References

[1] World Coalition Against the Death Penalty, Fighting against the death penalty in the Arab world, p. 16, Jun. 2008.

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