Alkarama fears that Mr Al Swaid risks being heavily sentenced on the basis of a dossier containing confessions extracted under duress and through severe torture. As a result, we submitted Mr Al Swaid's case, on 30 November 2010, to the Special Rapporteur on torture, requesting his intervention with the Lebanese authorities, to ensure Mr Al Swaid undergoes a fair trail, without the use of concessions extracted under torture, and that an investigation is launched into the reported torture.
Mr Al Swaid was arrested from his home in the early evening of 17 November 2007 by agents of the Information Branch in civil clothing, supported by agents from the Special Forces who were wearing uniform. During his arrest, Mr Al Swaid was not presented with a judicial warrant nor was he given a reason for his arrest. Furthermore, some of the above mentioned agents pulled guns in front of Mr Al Swaid's wife and children who still suffer from the psychological effects because of the brutal nature of the raid.
Mr Al Swaid was then taken to the Information Branch Center in Beirut where he was held incommunicado for nearly five months, until 1 April 2008. During the first 14 days of his detention, Mr Al Swaid was subjected to various acts of torture and other ill-treatment at the hands of IB agents. He was severely beaten on different parts of his body. He was hung by the wrists and his hands were tied behind his back (the Balanco position). He was prevented from sleeping and forced to stand in stress positions.
Mr Al Swaid was forced to sign confessions prepared by his interrogators, regarding his alleged relation with terrorist group (Al-Qaeda in Lebanon) as well as money laundering. He was not allowed to read these confessions before signing them.
In the first week of December 2007 during a visit by the International Committee of the Red Cross, Mr Al Swaid was examined by a doctor. However, non efficient treatments were prescribed, despite his serious injuries due to the torture inflicted upon him.
On 17 December 2007, Mr Al Swaid was transferred to the Roumieh Central Prison where he was detained incommunicado for one and a half year. He was then tried before the Military Court of Beirut which was informed of his torture in a hearing held on 5 November 2009. However, no investigation of these allegations or any other medical examination of Al Swaid were ordered. As a result, Mr Al Swaid was sentenced, on 11 November 2010, to 7 years imprisonment. Furthermore, he is still on trail for another charge which supposed to be fabricated on the basis of a confession extracted under torture; his next hearing will be on 9 December 2010 before the Military Court of Beirut.
Mr Al Swaid holds no military position or status, yet he is being tried by a military court. Military courts fail to provide the guarantees to a fair trial required by Article 14 of the ICCPR. Moreover, the Military Court tends to issue very heavy sentences - extending to the death penalty.
Mr Al Swaid's next hearing before the Military Court will, according to Alkarama's information, be using evidence extracted under torture. This violates article 15 of the Convention Against Torture (CAT).
Alkarama calls for the Lebanese authorities to ensure that evidence extracted under torture is not used in Mr Al Swaid's upcoming trial, and that this trial be carried out in a fair manner, in respect of all national and international norms relating to fair trial, as all trials before Lebanese courts should be.