Syrian refugee Bashar Abed al-Saoud dies under the custody of the Lebanese State Security
Name(s):
Bashar Abed al-Saoud
Status:
Deceased
Year of birth:
1992
Profession:
Daily worker
Nationality:
Syrian
Date of arrest:
Bashar Abed al-Saoud was a Syrian refugee normally residing in the Sabra and Chatila refugee camp. On August 30, 2022, he was allegedly stopped by the internal security committee of the camp before being handed over to the Lebanese State Security. He was then taken to the State Security’s Tebnin branch in south Lebanon, where he was subsequently subjected to brutal torture methods, which led to his death. Although a group of security personnel have been remanded in custody for questioning, Lebanon’s Military Public Prosecutor referred the investigation to a military investigative judge, and not to a civilian court, compromising the transparency and impartiality of the case.
Bashar Abed al-Saoud is a Syrian refugee normally residing in Sabra and Chatila refugee camp where he used to work in a mini market.
On August 30, 2022, al-Saoud was stopped by the camp’s internal security committee before being handed over to the Lebanese State Security. According to witnesses, State Security agents tied his hands to his legs at the entrance to the camp. They forced him to keep his head close to his feet, before abducting him and taking him to the Tebnin Branch of the Lebanese State Security in the south of Lebanon.
On September 2, 2022, Al Akhbar newspaper revealed that a Syrian detainee named Bashar Abed al-Saoud was killed by State Security under torture. At the same time, pictures of his severely tortured body were shared on social media platforms. His body showed severe signs of torture across his entire back side, including bruises, swelling and gashes across his neck, back, torso and legs.
Meanwhile, State Security issued statements explaining that al-Saoud was arrested for the possession of a fake bill and had confessed during the interrogation that he was a combatant for the Islamic State group. Similar statements were issued on the State Security’s Facebook page following the article published by Al Akhbar.
On September 3, 2022, the State Security contacted al-Saoud’s family, informing them that they could come and collect his body from the Tebnin Governmental Hospital. His family refused to receive the body before a proper forensic investigation is completed.
A medical report dated 4 September 2022 from the Tebnin Governmental Hospital indicates that the corpse was delivered to the hospital on August 31, 2022, just one day after Al Saoud’s arrest, and three days before the State Security agents first informed al-Saoud’s family about his death.
On September 2, 2022, following public uproar over the leaked photos of al-Saoud’s body, Lebanon’s Military Public Prosecutor, Judge Fadi Akiki, ordered the detention of five officers in the State Security branch in Tebnin. Akiki then referred the case to military investigative judge Najat Abu Skakra.
On September 7, 2022, the legal representative of al-Saoud’s family filed a complaint before the Public Prosecutor of the Cassation Court. The complaint was then referred to the military court.
It must be recalled that, since 2017, torture is explicatively prohibited under article 401 of Lebanon’s Penal Code, as amended by Law No. 65 on Punishment of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, known as the Anti-Torture law.
While it is a positive measure that a group of security personnel were remanded in custody for questioning, military courts should restrict their jurisdiction to that of military offences by military personnel. To ensure transparency and impartiality, we affirm that al-Saoud’s case must have been referred to a civilian court.
For this reason, on September 8, 2022, MENA Rights Group submitted Abed al-Saoud’s case to several special procedures mandate holders including the Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the Independence of Judges and Lawyers.
MENA Rights Group affirm that any investigation into allegations of misconduct by members of the Lebanese security forces must be overseen by a civilian court and investigations and prosecutions should be undertaken in accordance with relevant international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death and the Istanbul Protocol on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
On November 28, 2022, several UN experts, including the Special Rapporteur on extrajudicial, summary or arbitrary executions, deplored the lack of independent investigation into the death of al-Saoud following his arrest and strong suspicion of torture.
On November 29, 2022, Military Investigating Judge Najat Abu Shaqra charged five members of the State Security with the crime of torture the Anti-Torture law. The case of Abed al-Saoud was the first case to be referred to the Permanent Military Court under Lebanon’s Anti-Torture law. The indictment detailed the torture inflicted on Bashar Abed al-Saoud and other detainees at the State Security center in Tebnin.
The judge asserted that despite Article 15 of Lebanon’s Code of Criminal Procedure designating regular courts to handle crimes committed during criminal investigations, the military court, responsible for cases involving terrorism and treason, was also the appropriate venue for such torture crimes, and the military judiciary was therefore competent to oversee Abed al-Saoud’s case.
The trial of Bashar Abed al-Saoud took place from December 16, 2022, to November 1, 2024. The trial was conducted in six hearings, before the Permanent Military Court in Beirut. Human rights organisations such as Cedar Centre for Legal Studies reported that monitoring the trial of Abed al-Saoud was “challenging due to the nature of the military court system in Beirut, which is not open to the public.” Abed al-Saoud’s wife sought to attend the trial but was denied entry under military judiciary regulations requiring prior approval from the Court President.
The legal representative of Abed al-Saoud’s family, Mohammad Sablouh, was seated in the audience section as an observer during the trial, as Lebanese legislation relevant to military judiciary proceedings bars torture victims, their lawyers, or families from directly participating in the proceedings. Sablouh attempted to submit documentary evidence to the court, including photographs showing evidence of brutal torture on the victim's body during the second hearing, and evidence to demonstrate the systematic practice of torture at the Tebnin detention center during the third hearing. However, the submission of documents by Sablouh was refused, as it was held that he lacked the legal standing to participate in the trial.
During the trial, the defendants testified that although there were beatings involved, Abed al-Saoud did not die from the beatings. The Court President, who interrogated the defendants, consistently used the terms “under pressure” instead of “under torture”. The defense lawyers argued that the State Security officers’ use of violence against Abed al-Saoud was justified the severity of the alleged crimes under investigation, specifically, terrorism. According to human rights organisations who monitored the trial, the defense continuously relied on rhetoric portraying Abed Saoud as an ISIS-affiliated terrorist—despite a lack of supporting evidence—to justify his ill-treatment and downplay the severity of the torture he endured. They also argued that the acts did not constitute torture under Lebanese law.
During the fourth hearing of the trial, on April 19, 2024, the family of Bashar Abed al-Saoud formally waived their personal rights in the case. According to informal sources, the family was pressured by relatives of the defendants to waive their personal rights, in exchange for financial compensation.
During the fifth hearing, on July 5, 2024, two forensic doctors testified, confirming that Abed al-Saoud’s death resulted from torture.
During the final hearing on November 1, 2024, the Permanent Military Court ruled that the actions of the accused State Security officers did not constitute torture leading to death. Instead, the court reclassified the charges as negligent homicide and violation of military instructions, sentencing the defendants to prison terms ranging from two months to one and a half years, effectively covering their pretrial detention and resulting in their immediate release.
The verdict was not unanimous. While Brigadier General Jaber and two State Security officers on the panel supported downgrading the charges, two dissenting members, civilian judge Hassan Shahrour and a Lebanese Army officer, argued that the evidence clearly demonstrated that Abed al-Saoud was tortured to death.
| Name(s): |
Bashar Abed al-Saoud
|
| Status: |
Deceased
|
| Year of birth: |
1992
|
| Profession: |
Daily worker
|
| Nationality: |
Syrian
|
| Date of arrest: |
|
Bashar Abed al-Saoud is a Syrian refugee normally residing in Sabra and Chatila refugee camp where he used to work in a mini market.
On August 30, 2022, al-Saoud was stopped by the camp’s internal security committee before being handed over to the Lebanese State Security. According to witnesses, State Security agents tied his hands to his legs at the entrance to the camp. They forced him to keep his head close to his feet, before abducting him and taking him to the Tebnin Branch of the Lebanese State Security in the south of Lebanon.
On September 2, 2022, Al Akhbar newspaper revealed that a Syrian detainee named Bashar Abed al-Saoud was killed by State Security under torture. At the same time, pictures of his severely tortured body were shared on social media platforms. His body showed severe signs of torture across his entire back side, including bruises, swelling and gashes across his neck, back, torso and legs.
Meanwhile, State Security issued statements explaining that al-Saoud was arrested for the possession of a fake bill and had confessed during the interrogation that he was a combatant for the Islamic State group. Similar statements were issued on the State Security’s Facebook page following the article published by Al Akhbar.
On September 3, 2022, the State Security contacted al-Saoud’s family, informing them that they could come and collect his body from the Tebnin Governmental Hospital. His family refused to receive the body before a proper forensic investigation is completed.
A medical report dated 4 September 2022 from the Tebnin Governmental Hospital indicates that the corpse was delivered to the hospital on August 31, 2022, just one day after Al Saoud’s arrest, and three days before the State Security agents first informed al-Saoud’s family about his death.
On September 2, 2022, following public uproar over the leaked photos of al-Saoud’s body, Lebanon’s Military Public Prosecutor, Judge Fadi Akiki, ordered the detention of five officers in the State Security branch in Tebnin. Akiki then referred the case to military investigative judge Najat Abu Skakra.
On September 7, 2022, the legal representative of al-Saoud’s family filed a complaint before the Public Prosecutor of the Cassation Court. The complaint was then referred to the military court.
It must be recalled that, since 2017, torture is explicatively prohibited under article 401 of Lebanon’s Penal Code, as amended by Law No. 65 on Punishment of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, known as the Anti-Torture law.
While it is a positive measure that a group of security personnel were remanded in custody for questioning, military courts should restrict their jurisdiction to that of military offences by military personnel. To ensure transparency and impartiality, we affirm that al-Saoud’s case must have been referred to a civilian court.
For this reason, on September 8, 2022, MENA Rights Group submitted Abed al-Saoud’s case to several special procedures mandate holders including the Special Rapporteur on torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the Special Rapporteur on the Independence of Judges and Lawyers.
MENA Rights Group affirm that any investigation into allegations of misconduct by members of the Lebanese security forces must be overseen by a civilian court and investigations and prosecutions should be undertaken in accordance with relevant international standards, including the Minnesota Protocol on the Investigation of Potentially Unlawful Death and the Istanbul Protocol on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
On November 28, 2022, several UN experts, including the Special Rapporteur on extrajudicial, summary or arbitrary executions, deplored the lack of independent investigation into the death of al-Saoud following his arrest and strong suspicion of torture.
On November 29, 2022, Military Investigating Judge Najat Abu Shaqra charged five members of the State Security with the crime of torture the Anti-Torture law. The case of Abed al-Saoud was the first case to be referred to the Permanent Military Court under Lebanon’s Anti-Torture law. The indictment detailed the torture inflicted on Bashar Abed al-Saoud and other detainees at the State Security center in Tebnin.
The judge asserted that despite Article 15 of Lebanon’s Code of Criminal Procedure designating regular courts to handle crimes committed during criminal investigations, the military court, responsible for cases involving terrorism and treason, was also the appropriate venue for such torture crimes, and the military judiciary was therefore competent to oversee Abed al-Saoud’s case.
The trial of Bashar Abed al-Saoud took place from December 16, 2022, to November 1, 2024. The trial was conducted in six hearings, before the Permanent Military Court in Beirut. Human rights organisations such as Cedar Centre for Legal Studies reported that monitoring the trial of Abed al-Saoud was “challenging due to the nature of the military court system in Beirut, which is not open to the public.” Abed al-Saoud’s wife sought to attend the trial but was denied entry under military judiciary regulations requiring prior approval from the Court President.
The legal representative of Abed al-Saoud’s family, Mohammad Sablouh, was seated in the audience section as an observer during the trial, as Lebanese legislation relevant to military judiciary proceedings bars torture victims, their lawyers, or families from directly participating in the proceedings. Sablouh attempted to submit documentary evidence to the court, including photographs showing evidence of brutal torture on the victim's body during the second hearing, and evidence to demonstrate the systematic practice of torture at the Tebnin detention center during the third hearing. However, the submission of documents by Sablouh was refused, as it was held that he lacked the legal standing to participate in the trial.
During the trial, the defendants testified that although there were beatings involved, Abed al-Saoud did not die from the beatings. The Court President, who interrogated the defendants, consistently used the terms “under pressure” instead of “under torture”. The defense lawyers argued that the State Security officers’ use of violence against Abed al-Saoud was justified the severity of the alleged crimes under investigation, specifically, terrorism. According to human rights organisations who monitored the trial, the defense continuously relied on rhetoric portraying Abed Saoud as an ISIS-affiliated terrorist—despite a lack of supporting evidence—to justify his ill-treatment and downplay the severity of the torture he endured. They also argued that the acts did not constitute torture under Lebanese law.
During the fourth hearing of the trial, on April 19, 2024, the family of Bashar Abed al-Saoud formally waived their personal rights in the case. According to informal sources, the family was pressured by relatives of the defendants to waive their personal rights, in exchange for financial compensation.
During the fifth hearing, on July 5, 2024, two forensic doctors testified, confirming that Abed al-Saoud’s death resulted from torture.
During the final hearing on November 1, 2024, the Permanent Military Court ruled that the actions of the accused State Security officers did not constitute torture leading to death. Instead, the court reclassified the charges as negligent homicide and violation of military instructions, sentencing the defendants to prison terms ranging from two months to one and a half years, effectively covering their pretrial detention and resulting in their immediate release.
The verdict was not unanimous. While Brigadier General Jaber and two State Security officers on the panel supported downgrading the charges, two dissenting members, civilian judge Hassan Shahrour and a Lebanese Army officer, argued that the evidence clearly demonstrated that Abed al-Saoud was tortured to death.
