Lebanon
Information current as of: April 2, 2011
General
Official Country Name
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]
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[3]
[4]
[5]
Country Details
Language(s)
Arabic. [1]
Population
3,874,050. [2]
Number of Individuals Currently Under Sentence of Death
Approximately 171.
In 2018, there were at least five death sentences issued in Lebanon. [3] In 2017, at least 12 death sentences were recorded, [4] a notable decrease from the 126 death sentences recorded in 2016. which is likely due to increased access to information. [5] In 2015, 28 death sentences were reported. [6] Between 2015 and 2018, no executions were reported in Lebanon. [7]
(This question was last updated on May 30, 2019.)
Annual Number of Reported Executions
Executions in 2020 to date (last updated on February 12, 2020)
0. [8]
Executions in 2019
0. [9]
Executions in 2018
0. [10]
Executions in 2017
0. [11]
Executions in 2016
0. [12]
Executions in 2015
0. [13]
Executions in 2014
0. [14]
Executions in 2013
0. [15]
Executions in 2012
0. [16]
Executions in 2011
0. [17]
Executions in 2010
0. [18]
Executions in 2009
0. [19]
Executions in 2008
0. [20]
Executions in 2007
0. [21]
Year of Last Known Execution
2004. [22]
References
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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
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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]
2018 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [12]
Vote
Abstained. [13]
Signed the Note Verbale of Dissociation
No. [14]
2016 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [15]
Vote
Abstained. [16]
Signed the Note Verbale of Dissociation
No. [17]
2014 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [18]
Vote
Abstained. [19]
Signed the Note Verbale of Dissociation
No. [20]
2012 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [21]
Vote
Abstained. [22]
Signed the Note Verbale of Dissociation
No. [23]
2010 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [24]
Vote
Abstained. [25]
Signed the Note Verbale of Dissociation
No. [26]
2008 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [27]
Vote
Abstained. [28]
Signed the Note Verbale of Dissociation
No. [29]
2007 Record of Votes on the UN General Assembly Moratorium Resolution
Cosponsor
No. [30]
Vote
Abstained. [31]
Signed the Note Verbale of Dissociation
No. [32]
References
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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
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[25]
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
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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]
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
[email protected]
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
[email protected]
www.ajemlb.org
Association Justice et Miséricorde (AJEM)
Mr. Ziad Achour
Lawyer
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
[email protected]
Association Justice et Miséricorde (AJEM)
Mrs. Lina Aya Chamoun
Lawyer
Centre Aramta 5ème étage
BP : 250 94 212 Antélias, Lebanon
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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
[email protected]
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]