FOUNDATION FOR HUMAN AND HUMANITARIAN RIGHTS LEBANON (FHHRL)
No observer of Wednesday's
session of the Permanent Military Count missed to notice improvement on
proceedings. Though of purely formal nature which did not percolate to the essence,
this turn to the better remains just as welcome. The defendants were not herded as
their colleagues were on Monday and were better seated in the court room.. It is
immaterial whether the step was reached by the bench on its own, or whether
the criticism of the human rights observers, the Beirut Bar Association and
the press at large, prompted the change. A long distance, however, remains to be
covered before the trail of the members of the South Lebanon Army (SLA) measures up to the
normative standard of justice.
Positive Measures
1- The
bench lowered its gear and instead of the lightening speed of Monday, the second
round slowed down and the bench granted two weeks delay for the attorneys who
protested that the files were communicated to them on the eve of the session. Two of
the lawyers who benefited of the two-week adjournment expressed to the FHHRL their
satisfaction.
2- The seating order improved much in comparison to Monday's
session.Instead of herding the throngs of defendants and squeeze them in the box and
in the no- less crowded waiting rooms, they were seated on the benches originally assigned
for the audience.3- The speed slowed down in comparison to Monday. However, examining
cases and passing 23 sentences ruling in a matter of hours is
still well within the bracket of hurried trials which leave justice in doubt.
4- The FHHRL considers positive a declaration by the Government Commissioner before
the Military Court in the course of which he alluded that the court shall not bend under
the pressure of those who insist that justice calls for tough sentences.
On the Negative
Scale:
1- Despite
the slowing down of the proceedings, the military court is still far two quick for the
normative standard of justice.
2- The files are communicated to the lawyers few hours before the opening of the court
session. Although a delay is accorded to those who demand it, the lawyers who decide
to go on with the proceedings are motivated by their lack of confidence that the
delay is going to "change the sentence already reached by the court," as
it was put by a lawyer interviewed by the FHHRL.
3- Some lawyers are under the impression that the court is not considering each case on
its own merit. While those found guilty for acts of fighting within the ranks
of the SLA or passing intelligence for the benefit of the enemy, receive a mild sentence,
many of the defendants who are sentenced to, granted, less harsh terms, ought to be set
free if the nature of their strictly administrative employment and their economic needs
are taken into consideration.
4- No measures to find out whether all the detainees by the armed militias were
delivered to the authorities are announced. The FHHRL fears, especially with the
drumming up of collective hatred by the media and declarations of Hizbullah, that
summary liquidation might have taken place.
5- The declarations of Hizbullah leaders are no help for equity and justice.
Hizbullah's MP, Mohammad Raad warned "'Clemency for those people will spark a civil
and social crisis in many of the liberated villages, which suffered much at the hands of
these collaborators", he was quoted as saying. "Leniency is tantamount to
treason," he added. The attempt on the lives of Muhammad Ayoub Faris (in Houla)
and Muhammad Bassam (in Aytaroun) both set free by the court, might not be unrelated to
this build up of hatred and appeals for "popular justice." According
to unconfirmed reports the victims were beaten to death.
6- Probably for vendetta reasons, the Wednesday sentences included a restraining measure
absent from Monday's rulings.
For The Record
1- Ali Kachmar.
(3 year- term plus an additional restraint for 5 years.)
2- Mahmoud Yousef Ali. ( 3 year term and an additional restraint for 2 years.)
3- Ali Moucachar (2 year term plus 2 year restraint)
4- Raouf Ayyoub ( Same)
5- Hussein Ghadbane (Same)
6- Talih Badaoui (18 months imprisonment and 2 years restraint)
7- Mousa Maliji (18 months imprisonment and 4 years restraint)
8- Hafiz Charara (18 months emprisonment and 2 years restraint)
9- Ahmad Jabir (One year and 2 year-restriant)
10-Hassan Chaabi (Same)
11-Riyad Barakat (Same)
12-Ibrahim Tuffaha (Same)
13-Zaki Jaber (Same)
14-Ahmad Issa (Same)
15-Ali Moussa (Same)
16-Fouad Abbas (Same)
17-Muhammad Hrayzat (Same)
18-Mahmoud Mawwasi (Same)
19-Abbas Daher (Same)
20-Yousef Alawiyeh (Same)
21-Kamel Hamid (Same)
22-Abbas Faraj (Same)
23-Ghassan Faraj (One year and one year-restraint)
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