How the Lebanese Judicial System Became a Political Tool, 1995–2004
Lebanon 1990, fifteen years of civil war ended in a double occupation of the country, Syria & Israel, and a new government was established in 1989 with Elias Hraoui presiding over it by the Taif Agreement while the omnipresent Syrian Secret Services (Al Mukhabarat) control the Lebanese system with its various institutions, most importantly, the judicial system.
Background
Once Syria ousted General Michel Aoun from the presidential palace and took control of the remaining Free Lebanese Areas, its men in Lebanon slipped into strategic posts throughout state institutions. The delicate ministries of interior, defense, labor, and foreign affairs were handed to Syria’s allies, cherry-picked by the head of the Syrian Secret Services in Lebanon, Ghazi Kanaan. The Christian representation in parliament was now reserved for pro-Syrian politicians. Syria did nominate not only the politicians and civil servants of Lebanon but also members of the judiciary; the high judiciary positions — like prosecutor general — were selected based on loyalty to Damascus rather than adequacy.
1995
This loss of independence of the judiciary became clearer in June 1995, the high point of the Secret Services takeover of the judicial system, after Adnan Addoum was appointed prosecutor general — a position more-or-less similar to attorney general — after the direct intervention of Major General Ghazi Kanaan, despite the eligibility of other, more experienced judges. A decree had already been drafted to appoint another judge before Kanaan intervened. Previously, Adnan Addoum had served as the head of the Beirut Bankruptcy court from 1990 to 1994 and was later appointed as the head of the criminal court in Baabda. Although the Ministry of Justice is nominally responsible for the prosecutor general, Adnan Addoum regularly reported to both Colonel Rustom Ghazali — the head of the Syrian Secret Services in Beirut — and Kanaan.
Adnan Addoum has been remembered as a remnant of the Syrian occupation, but why? The answer is simple, unlike governmental ministers who have come and gone, Addoum stayed firmly established in his position until 2005, and it became well-known that no one in Lebanon had the power to remove him. Since 1995, he has become a fundamental component of the Syrian establishment in Lebanon. Under him, the judiciary became heavily influenced by politics and was transformed into another arm of the Syrian security — and legal apparatus focused on controlling Lebanon.
During the occupation, the prosecutor-general was notorious for using his legal power discriminately; court cases targeting Syria’s lackeys in Lebanon were often postponed indefinitely. For example, Addoum intervened and put on hold indefinitely the case brought by lawyer Jihad Fadel against Interior Minister Michel al Murr and Colonel Maroun Abou Diwan; when accused of abuse of power. At the same time, cases prosecuting those who disagree with the Syrian government’s control over Lebanon and are critical of it were sped up without legal process.
It has been well-documented through reports from organizations such as Amnesty International that Adnan Addoum disregards internationally accepted judicial practices in his efforts to target Syria’s adversaries — which he often tries to deny.
Adnan Addoum has also successfully hindered legal actions brought forward by the family members of Lebanese individuals unlawfully detained in Syrian jails.
1996
According to the law, if the authorities don’t have formal charges against someone they’ve arrested, they must release them within 48 hours. However, some prosecutors ignore this rule and keep suspects in custody for extended periods without a court order. Security forces persisted in making arbitrary arrests, primarily targeting individuals who opposed the occupation government and Syria. In March 1996, security forces apprehended five individuals for distributing anti-government leaflets. These individuals, who were members of the Lebanese Popular Convention, were charged but ultimately acquitted due to insufficient evidence. In April of the same year, the Lebanese army apprehended members of the Lebanese Forces — which had been dissolved — and individuals from certain Aounist groups who had assembled at the Maronite Patriarchate in Bkirki to demonstrate against government policies and practices during the visit of French President Jacques Chirac.
Following the December 18 shooting on a Syrian bus, security forces arrested and questioned numerous citizens, mostly Christians, without warrants. These individuals were not provided access to legal representation, and some, including a well-known human rights advocate and a journalist — Charbel Chami — were detained for extended periods without any charges being filed. Additionally, there have been numerous accounts of torture during the interrogations.
The reputable independent newspaper An-Nahar announced that one of its editors, Pierre Atallah, had also been arrested. The prosecutor-general stated that Atallah’s arrest was not connected to his work. An-Nahar reported that Atallah was taken from his residence in the Christian neighborhood of Ashrafieh during the night without a warrant for arrest. One of Lebanon’s most prominent human rights organizations, the Foundation for Human and Humanitarian Rights, reported that its executive director, Wael Kheir, had also been taken into custody. The international organization based in Paris, Reporters Without Frontiers, sent a letter to Prime Minister Rafik Hariri inquiring about the arrests and requesting information.
1997
On January 7, 1997, Antoinette Chahine — a Lebanese student — was given a death sentence that was later commuted to life imprisonment with hard labor for her supposed involvement in the assassination of Father Samaan Boutros Khoury on May 11, 1992, in Ajaltoun. According to the prosecution and court ruling, the murder of Father Samaan was orchestrated and executed by the Lebanese Forces, of which Antoinette Chahin was a member. The evidence presented in court linking her to the crime was weak. During the imprisonment, Antoinette was reportedly tortured, which led to her hospitalization. No serious judicial investigation appears to have been ordered into this allegation of torture.
In April 1997, Amnesty International submitted its concerns regarding this case to the Human Rights Committee during Lebanon’s review session. In the Committee’s final observations, they stated that:
66 supporters of Michel Aoun were arrested by the Security Forces while protesting the blocking of an interview with the exiled General in front of MTV. It is commonly held that the reason behind their arrest was solely due to the exercise of their rights to freedom of assembly. These arrests seem to violate the standard judicial procedures established by Lebanese law. It was reported that some of the detained individuals are being held in the El Helou barracks prison in Beirut; this raises further concerns about the legality of their detention.
1998
Emile Lahoud was elected on October 18, 1998. In his inaugural address, he pledged to combat bribery and favoritism, abide by the State laws, respect the independence of the judiciary, separate politics from religious divisions, and establish a state of institutions. Ironically, the Lahoud presidency became known for the arbitrary arrest of students, activists, and political opponents leading many to believe that Lebanon was beginning to resemble Syria in its disregard for human rights. The security system influenced the judicial system, and the military court power increased. The jurisdiction of military courts included offenses committed by military members and security forces. Political activists from Aoun’s supporters and the Lebanese Forces were frequently arrested by military intelligence and were judged as criminals in military courts.
The appointment of Nasri Lahoud, brother of Emile Lahoud, as president of the Higher Judiciary Council highlights not only the nepotism of President Lahoud but also the increasing influence and control of the military in the judicial system.
An amendment to the law allowed Adnan Addoum to have broad discretionary powers in detaining individuals deemed undesirable by the Syrian regime and its Lebanese allies. This amendment enabled Addoum to initiate investigations without formally pressing charges, turning the legal process into a tool for political manipulation. Furthermore, the judiciary was given the authority to detain suspects without trial for up to a year if they were considered a threat to state security.
1999
In October 1999, Judge Walid Ghamra — the head of the Judicial Investigative Committee — released a comprehensive report on the misconduct of Adnan Addoum, which encompassed various aspects of the Lebanese judiciary, particularly his practice of interrogating suspects without due process and authorization. However, this document was suppressed and obscured by the Syrians and their allies, ultimately causing it to be lost and forgotten.
2000
In December 2000, In a clear indication of disregard for the detainees in Syrian jails, the Lebanese cabinet formed a follow-up committee to oversee their release that was composed entirely of Lebanese officials who have previously collaborated with Syrian intelligence in carrying out abductions: Prosecutor-General Adnan Addoum, Military Intelligence Chief Raymond Azar, Internal Security Forces (ISF) Director Abdel-Karim Ibrahim, and the head of the General Security Directorate, Jamil Al Sayyed. Adnan Addoum subsequently released a list of 95 more detainees, who were supposedly arrested within Syria for natural criminal offenses, while insisting that all Lebanese who were apprehended inside Lebanon and taken to Syria are now free.
The message sent to thousands of Lebanese who have friends and family still held in Syria was clear: your loved ones have now been officially declared dead by your government. They will only be released if efforts to secure their release are made discreetly, without negative publicity that could damage Syrian-Lebanese relations.
2001
The year 2001 saw many crackdowns. The first signs of a crackdown came on August 5, when five of Aoun’s supporters were arrested while distributing weekly newsletters. Again, on August 7, security forces began a massive sweep arresting dozens of supporters — including the group’s national coordinator — Nadim Lteif. In addition, security forces entered the offices of the Lebanese Forces (LF) party in the Antelias quarter and arrested around 40 activists, including the senior LF official Salman Samaha. Later, Toufic Hindi — an advisor to the LF’s imprisoned leader, Samir Geagea — was arrested at his residence. Altogether, approximately 250 people were apprehended by the end of the day. On August 8, ten members of Dory Chamoun’s National Liberal Party were arrested while they were distributing pamphlets that stated freedom in Lebanon had “died.”
As the trial began in a military court in Beirut, security and judicial officials released statements to justify the arrests. Adnan Addoum announced that the arrested were facing charges of “resistance to security forces, slogans that harmed a friendly country, and banned gatherings.” In an attempt to intimidate and suppress anti-Syrian members of the Kataeb politburo, security forces launched large-scale repression among party officials opposed to the Syrian occupation, to stop Amine Gemayel from gaining power within the Kataeb Party.
The situation escalated on August 9, when hundreds of protesters gathered outside the Justice Palace, calling for the release of the detainees. Around 12:30 PM, groups of men dressed in plain clothes wearing black shirts appeared and began attacking and forcibly taking away protesters from the crowd.
2002
In early 2002, the Lebanese prosecutor general, Adnan Addoum, issued an order that prohibited the attorneys of the Lebanese Forces leader from visiting him in prison. This order was later revoked following protests by the Beirut Bar Association. In the same year, Nasri Lahoud, the president of the Judicial Council and was appointed due to his relation to President Emile Lahoud, stated in an interview that the independence of the judiciary in Lebanon was just “empty words.” Lahoud, who also served as the Chief Military Prosecutor, said that the court system operated as an “administrative” branch of government after The Constitutional Council invalidated the election of a deputy hated by his brother.
On September 4, 2002, Lebanese authorities shut down MTV for “violating an election law that bans propaganda.” In actuality, the station was closed because of its strong opposition to the Syrian occupation of Lebanon. In late October, the Lebanese appeals court rejected an appeal by MTV. This event showed that Syrian and Lebanese authorities are not hesitant to practice censorship when they deem it necessary. The fact that al-Manar TV station continues to operate without restriction shows that its programming and message are supported by both the government of Damascus and Beirut. On September 23, Addoum stated that he had started an investigation into Lebanese citizens who are supporters of the anti-Syria bill in the US Congress. According to An-Nahar, the purpose of the repression of the media and opposition political figures in Lebanon is to prevent the Christian opposition from encouraging the United States to adopt anti-Syrian policies.
2003
On December 6, 2003, Tahsin Khayat — the owner of the New TV private television channel — was arrested on charges of having connections with Israel and harming Lebanon’s relations with other friendly countries. Khayat was apprehended in his office by the military justice system after a search of New TV’s premises in Beirut. His arrest caused a strong reaction from the public, which condemned it as an attack on freedom of expression.
2004
A year later, in the weeks following the passage of Resolution 1559, discussions about Syria’s presence in Lebanon were being widely aired in the media, both inside the country and in the surrounding region. Syrian officials and their Lebanese collaborators — such as Adnan Addoum and Jamil Al Sayyed — soon found themselves on the defensive and struggled to maintain positive public and international opinion.
Emile Lahoud’s term was widely associated with interference in the judicial system and its instrumentalization in promoting Lahoud’s agenda. The extension of his mandate in 2004 had turned Lebanese public opinion heavily against the establishment and the Syrian occupation. Hariri became further alienated from Syria.
2005
A car bomb killed Rafik Hariri on February 14, 2005. Adnan Addoum was dismissed from his position as prosecutor general following the murder of Rafik Hariri. Those close to Hariri claimed that Addoum had hindered the investigation and directed suspicion away from Syria and toward Islamist groups.
On March 14, 2005, a massive demonstration took place in Beirut , the one-month anniversary of the assassination, with an estimated one million people — the largest protest in the country’s history.
Conclusion
Unfortunately, after the withdrawal of Syrian troops on April 27, 2005, Lebanon did not become stable and judicially independent. The anti-Syrian coalition, known as March 14, faced many challenges, including assassinations. The situation was further exacerbated by the 2006 war between Hezbollah and Israel, which caused destruction in Lebanon and weakened the government. It is concerning that the judiciary in modern-day Lebanon is becoming politicized, similar to what occurred in the past. The judicial system in modern-day Lebanon must remain impartial and independent from political influence. Politicizing the judiciary in the past has led to severe human rights violations and undermines the rule of law.
Bibliography:
Antoine Saad, Contre Vents et Marées II (Beirut, 2015)
Holger Albrecht, Contentious Politics in the Middle East (Florida, 2010)
Nicholas Blanford, Killing Mr. Lebanon (London, 2006)
Rola El Husseini, Pax Syriana (New York, 2012)
Sélim Abou, Les Libertés (Beirut, 2003)
Stephen Kaufman, The Road to 1559 (Beirut, 2011)
Farid El Khazen, Political Parties in Postwar Lebanon, Middle East Journal (2003)
Charles Adwan, “Corruption in Reconstruction”, Center for International Private Enterprise (2004)
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