The united nations had defined the criteria for the basis of innocence as follows: “The which means of the basis of innocence is that the burden of proving the indictment is the prosecutor’s duty.Any skepticism is regarded as in the sake of the indictee and you can’t take into account the indictee guilty till proving the indictment with no doubt”. The tribunal which does not take into consideration this normal is described according to the international law as UNFAIR.
Hundreds of circumstances prove that the courts in Lebanon and especially the military court is not only applying the international normal but it is also violating the lebanese penal code which states “the indictee is innocent till verified guilty”. Morever, the military court which is supposed to prosecute the military in Lebanon is also prosecuting civilians as a result depriving them from a fair defense below the pretext of sort of crime such as collaborating with enemies.
An in-depth study of the military court’s efficiency reveal an outrageous outcome in terms of discrimination in sentences and the investigation’s files of dozens of indictees’s charged for collaborating with the Mossad primarily based on a so-referred to as suspected phone contact, which is not according to the Lebanese law a crime unless the indictee confesses of becoming conscious of the caller identity and he has the intention to collaborate with the enemy. Write-up 278 of the Lebanese criminal code prohibits collaboration with Israelians.
The report 278 stipulates that “each Lebanese who had presented shelters, meals or dress to a spy or to a soldier of enemies’ soldiers who operates on surveillance, or to a collaborating agent with enemies, or he had contacted a single of these spies, or soldiers or agents below the situation of becoming conscious of his identity will be penalized to short-term challenging labor”. The so-referred to as crime is punishable by an intense variety of doable sentences, from the smallest fine and jail time to 15 years prison in the most intense circumstances. The harshest punishments have been reserved for military personnel theoretically, but this (Write-up 278) is selectively applied based on the political intervention of eight of March coalition or the stress of the so-referred to as Hizbullah.
A flagrant breach of national and international law and normal has revealed lately in the case of the telecom engineer Tarek Rabaa as a result triggering a coalition of seven international organizations to order a promptly release him and to investigate his torture case and the arbitrary detention, but the Lebanese government headed by Najib Mikati and the council of deputies headed by Nabih Berri are not only neglecting this demand till these days but also they are neglecting Tarek Rabaa’s family members outcries more than the oppression.
A variety of sources close to his lawyer Nada Rabaa confirm the illegal file of Tarek and that the politic in Lebanon is maintaining him in jail considering the fact that 19 months. “What is the crime right here? Travelling to an European nation or getting a contact from a french taxi business?” Nada Rabaa stated in an interview.
In addition to all what have been stated above, and in spite of Tarek Rabaa is a victim of arbitrary detention, torture, lies and fabrications, the military court insists on not investigating the documents submitted by his lawyer that cancel the prosecution’s allegations who does not have any proof against Tarek Rabaa.
Tarek was tortured due to the fact he refused to join the military intelligence’s program to force him to confess on contacting the Mossad in the context of undermining the Particular Tribunal for Lebanon’s indictment in the case of Rafic Hariri assassination.