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 # 8 June 19/2000

The total number of defendants charged with monor or major collaboration with the enemy is slowly taking shape. The most reliable figure released yet is the tentative one of 2277 which is based on a declaration by the Government Commissioner before the Military Court, Justice Nasri Lahoud, last Friday.

The FHHRL does not find the figure too high considering that the Israeli occupation lasted for over 22 years, almost 4 times the duration of World War II- We are worried, though, by an unjustifiable double denial of justice; summary proceedings on the one hand, and the estimated four months needed by the PMC to look into all the charges. A possible remedy would be to have, instead of just one, four or more courts discharging the load which, on the one hand put an end the current mass production of rulings, and allow the lawyers the much-needed time to prepare serious defense. The other obvious advantage would be the release of those pronounced innocent , fined or meted a light sentence rather than unjustly detaining them for months in miserable conditions. It should be noted that release on bail- which is not applicable in these cases, is extremely restricted by the Lebanese law and rarely accorded by the courts.

The Permanent Military Court (PMC) session of June 16 was the usual mixture of negative and positive elements.On The Negative Scale
The PMC is still applying the reforms of the first week while none of the remaining defects are addressed.
1- A very short duration separate passing the files to the lawyers and the court sessions. Furthermore, the lawyers have no way to consult with the defendants on ways and means of conducting their defense. The first encounter between the two is in the court room.
2- Only the final demands of the defense lawyers are recorded while the refutations and the detailed pleadings are not placed on the court records.
3- The original attempt by the Beirut Bar to give a national rather than sectarian face to the trials seem to have failed. The lawyers for the defense are in their vast majority Christians. No Shi'ite attorneys volunteered in all probability due to the discouraging insinuations by Hizbullah.
4- The lawyers for the defense, mostly of the Legal Aid Committee, amount to some 35 in total. It is virtually impossible for the tiny number of attorneys to properly defend the multitude of cases in such a short time. It appeared obvious to the FHHRL's observers that the lawyers display signs of frustration, despair, and worse still, cynicism.
5- The degrading method of herding defendants before the hearing magistrates did not improve.

On The Positive Scale
1- The involuntary court recess of one week allowed the lawyers more time to prepare their defense. The PMC did not convene on Monday and Wednesday in mourning of Syria's President Hafiz Asad.
2- The media shifted its attention to the Syrian scene. The incitement of hatred against the defendants was reduced.
2- The court allowed communication between the defendants and their relatives for the first time. The relatives were admitted for that purpose inside the court compound.

For The Record
The PMC passed 43 sentences ranging between release for lack of evidence and 7.5 years. 4 were tried in absentia. 10 cases were adjourned for a fortnight.
Found guilty of entering Enemy territory:
1- Usama Yahya Zeiniddin (one month and one million Lebanese Liras)
2- Gaby Salim Farah (one month and 1 million L.L.)
3-Ahmad Hussein Sablini (one month and 1 million L.L.)
4- Sharbil Latif Ignatious (one month and 1 million L.L.)
5- Adnan al Qasim (one month and 1 million L.L.)
6- Nasim Faraj (one month and 1 milliuon L.L.)
7- Ahmad an Nasir (one month and 1 million L.L.)
8- Khalik Ghadbouni (one month and 1 million L.L.)
9- Robert Ibrahim Farah (one month and 1 million L.L.)
10-Maroun Khalil Khreish (one month and 1 million L.L.)
11-Simon Milad Fouzi Ignatious (one month and 1 million L.L.)
12-Khodr Hassan Faris (one month and 1 million L.L.)
13-Hassan Kamal Sheayb. (one month and 1 million L.L.)
14-Simaan Antonious al Alam (one month and 1 million l.L.)
15-Fadl Bahij Ignatious (one month and 1 million L.L.)
16-Sharbil Kamil al Hajj (one month and 1 million L.L.)
17-Muhammad Salah Khalifeh (one month and 1 million L.L.)
18-Kayid Jamil Hammoud(one month and 1 million L.L.)
19-Salah Fayiz ash Shoufi(one month and 1 million L.L.)
20-Hassan Muhammad Talji (one month and 1 million L.L.)
21-Ibrahim Ahmad Miliji (one month and 1 million L.L.)
22-Samir Afif alQasim (one month and 1 million L.L.)
23-Ali Awad alAssad (one month and 1 million L.L.)
24-Mousa Said Mahmoud Mansour(one month and 1 million L.L.)
25-Ali Ahmad Issa(one month and 1 million L.L.)
26-Anton Elias Shalala (charges were waived for prescription)
27-Muhammad Salibi Talji (charges waived for prescription)
28-Ahmad Hassan Nasir (charges waived for prescription)
29-Nada Hussein Hamad (charges waived for prescription) (Female)
30-Ghada Hussein Hamad (800,000 L.L.fine) (Female)
31-Abir Hussein Hamad (800,000 L.L. fine) (Female)
32-Raja Hussein Rammal (800,000L.L. fine) (Female)
33-Muhammad Qasim Hamid (released for lack of incriminating evidence)
34-Awadat Khattar Abou Ali (two months and 1 million L.L.)
35-Abd Nimr Mouawwad (found guilty of entering Israel but not sentenced)
Found guilty of Collaboration with the Enemy
36-Issa Mousa Jamil an Najjar (2 years, 400.000 L.L and 3 year restraint.)
37-Abbas Yousef Raghda (3 years,400,000 L.L. and 5 year-restraint)
38-Ali Mahmoud Fayyad (7 years and six months, 1 million L.L. and 15
year-restraint)
39-Yousef Mousa Siblini (15 years) - in absentia.
40-Sumaya Muhammad Qa'dan (18 months and 200,000 L.L.) Female
-Check-point registrar.
41-Muhammad Saaddalla Abdallah (18 months and 3 year-restraint)
42-Muhammad Qasim Nabaa (charges waived for lack of criminal intentions)
43-Ahmad Salah Khalife (court declared itself incompetent as the defendant is a minor)

In a related development the Government Commissioner before the Military
Court appealed the court decision to release:
Muhammad Khalil Wansa
Ali Hussein Alyan
Namr Elias al Alam
Justice Nasri Lahhoud demanded that the Court of Military Cassation to keep Wansa in detention and to issue arrest warrents against Alyan andAlam.
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