FOUNDATION FOR HUMAN
AND HUMANITARIAN RIGHTS LEBANON (FHHR)
Corresponding member:
International Federation of Human Rights
Member: Euro-Mediterranean Human Rights Network
Tel/Fax:00961-4-922978
Mobile: 00961-3-296477
e-mail- DUMSPIROSPERO@FHHRL.ORG.LB
REPORT # 10
26/6/2000
The 6th session of the Permanent Military Court, held on June 21st 2000,
departed little from what by now became a standard procedure; a one-day trial of dozens of
defendants with sentences handed down late in the same night and ranging from fines to
years of detention. In the course of which the defendants, grouped in categories, parade
before the bench, short resume of the charges are read, two or three questions are asked
by the presiding judge, followed by clipped and impersonal defence by the lawyers who
lament the plight of the inhabitants of the security zone under the Israeli occupation,
and finally a plea for mercy by the defendants.
An illustration of the impersonal defence is that of attorney Fadi Kannan whose plea in
favour of Mahmoud Kamal Mezher consisted of one general and sweeping statement: "It
is one of the calamities of human existence that the South (of Lebanon) should lead a life
isolated from the fatherland. In the course of occupation (my client) did not collaborate
with the enemy out of any ideological motives or intentions to do harm to their country.
He was forced (to collaborate) as a result of the occupation imposed on him."
A lawyer, Rita Boutros, saw fit to deviate from the established tradition and cross
examined the defendant. She asked Asaad Faysal Barakat why did he join the South Lebanon
Army (SLA). His answer which ended the questioning was:" That was the only option for
me to earn a living."
Extracting confessions under torture, with the exception of the first session, were not
alleged by the defendants. However in the 10th session, Hussein Zayn al Abidin
said:" I was beaten up and heard frightening cries which forced me to confess that I
fed the (SLA) security network."
The presiding judge asked the rest of the group whether they were tortured. Their answer
was negative. Hussein addressed one of the defendants who was standing next to him:
"What about you? didn't they beat you up?" The other defendant said: "No ,
they just suspended me for not answering a question, then they lowered me down."
One encouraging sign was recorded. In one case, admittedly on the minor side of the scale,
the court was not unanimous. One of the judges dissented.
For The Record At 2:00 on Thursday morning the PMC handed
down 72 sentences divided equally between those who were charged for entering the
territory of the enemy and those charged with enlisting in the proxy SLA and collaborating
with Israel.
The
following were acquitted on charges of entering Israel for prescription:
1-Abdel Hussein
Salkim Srour, 2-Sleiman Assad Sayegh, 3-Yousef Muhammad Salha, 4-Ali Muhammad Sleiman,
5-Ibrahim Ali Faqih, 6-Kalim Humsi, 7-Muhammad Saad, 8-Abdel Karim Mahmoud Samhat,
The following were
sentenced for one month
9-Najib Sharaf
10-Jamil Hussein Mahmoud, 11-Elie Antonious Sahmout, 12-Kasim Jaafar <iliji 13-Yousef
Mansour Abou Elias,14-Hussein Ahmad Sheet , 15-Jamal Assad Khalaf, 16-Boutros Yousef
Touma, 17-Ahmad Nazem Muhammad Hussein Abdel Aal, 18-Muhammad Nazem Abdel Aal,
19-Jean Yousef Tannous, 20-Fadi Yousef Tannous, 21-Assad Mahmoud Shehade Khalaf, 22-George
Ghabi Abou Elias, 23-Rafiq Salim Harfoush, 24-Fayez Nayef D'aybis, 25-Hadi Adel Zayn
eddin, 26-Shadi Farid Kabboura, 27-Hisham Kasim Abou Omar, 28-Hamzeh Hani Zayniddin,
29-Rabi' Anis Younis, 30-Ra'id Jihad D'aybis, 31-Hassan Afif Issa, 32-Ali Amin Issa One
month and 2 million L.L. Fine, 33-Salah Hani Zayniddin, 34-Mousa Abdallah Ibrahim Two
months and a fine of 400,000 L.L.35-Abd Qasab Two years and a fine of 2 million L.L.,
36-Hussein Yousef Faris, 37-Abdo Hussein Eid Six months, 38-Manal Yousef Sader (the
secretary of a leading SLA commander Akl, Hashim who was assassinated shortly before the
Israeli pull out.) One year, 39-Elias Yousef Eid (found guilty for guarding the premises
of the Middle East TV Station.), One year, a fine of 400,000 L.L. and a two-year
restraint, for the following who are found guilty for entering Israel and enlisting in the
SLA. 40-Maher Jamil Mahmoud, 41-Raouf Nawwaf D'aybis, 42-Mahmoud Fadil Abou Seif,
43-Moufid Ali Zayd, 44-Assad Faysal Barakat, 45-Khairallh Ramiz Abdel Aal, 46-Hafiz George
Humsi, 47-Anwar Salim Dhager, 48-Ismail Zayn el Abidin, 18 months and 2- year-restraint,
49-Samir Mikhael Barnaba, One year and 2-year restrain, 50-Shafiq Kasim D'aybis, 51-Raja
Najib al Qays, 52-Suheil Adib Abou Mrad, One year and one year restraint, 53-Subhi Hafiz
Hasbani, Two years and 3-year restraint, 54-Mufid Elias Abiu Mrad, 55-Adnan Khalid al
Khalid. Three years for: 56-Jamil Abdallah bawadidi, One year and 2-year restriant
57-Abdel Karim Ahmad as Sayyid
Three years and
5-year restraint for:
58-Ali Khalil Hamad, 59-Mahmoud Kamal Mzannar, 60-Ali Muhammad Ali Malak,
A majority of the
PMC sentenced for 9 months:
61-Maroun Salim al-Khoury
18 months and 2- year restraint
62-Hassan Abdallah Atwi
One year, 400,000
L.L. fine and 2 year-restraint
62-Bssam Hasan Shibli, 63-Rida Hassan Shibli, 64-Aqil Nayef Aqil Hammoud
One year, 400,000 L.L. fine and one year restraint
65-Ali Ahmad Meliji
45 days for:
66-George Yousef Jreij, 67-Fadi Gerge Jreij
Acquitted for
prescription:
68-Taan Jamil Mousa,
Pronounced Not
Guilty
69-Kamil Said Jamil, 15 years in Absentia, 70-Ahmad Shibli Saleh
End of FHHRL's Report # 10