Law No. 62 /2016
Establishment of the National Human Rights Commission, including the Committee for the Prevention of Torture, dated 27/10/2016, and its amendments
Part I: Establishment and Regulation of the NHRC and CPT
Article 1: Establishment of the National Human Rights Commission, including the Committee for the Prevention of Torture
- Under the present law, an independent body is established under the name of “The National Human Rights Commission” (hereafter referred to as “NHRC”), which shall serve in its legal capacity and enjoy financial and administrative independence.
- The NHRC includes a permanent committee under the name of the “Committee for the Prevention of Torture” (hereafter referred to as “CPT”).
- All members of NHRC and CPT and their employees and related staff shall carry out their functions with complete independence from any other authority in the framework of the present law’s provisions. The CPT shall also fulfill its functions and complete its reporting without interference from the NHRC.
Part II: Regulation of the National Commission on Human Rights (NHRC)
Article 2: NHRC Formation
- A) The NHRC consists of ten members, five of whom shall be members of the CPT. All members are appointed, by a decree based on a decision adopted by the Council of Ministers, for a non-renewable term of six years, from a list proposed by the following entities:
1- One member out of six former judges to be named by the Supreme Council of Justice.
2- One member out of six experts in penal law, human rights law, or public law to be named equally by Beirut Bar Association and Tripoli Bar Association.
3- One member out of six experts in International Humanitarian Law to be named equally by Beirut Bar Association and Tripoli Bar Association.
4- Two members out of six experts, one in the Psychiatry field and the other in Forensic medicine, to be named equally by the Lebanese Order of Physicians in Beirut and the Lebanese Order of Physicians in Tripoli.
5- A university professor out of three experts in Human rights or Civil Liberties to be named by the Council of Deans at the Lebanese University.
6- One member out of four members to be named by the Lebanese Press Order and the Lebanese Editors’ Syndicate.
7- Three members out of twelve human rights activists to be named by the Parliamentary Committee for Human Rights, based on nominations by civil society organizations (CSOs) operating in the human rights fields, provided that each candidate is recommended by at least three Lebanese associations.
The aforementioned entities shall submit their first suggestions within three months from the date of the Law’s publication in the Official Gazette; otherwise, the Parliamentary Committee for Human Rights shall act in their place.
Members shall serve in their individual capacity and with full independence and shall not abide by the instructions of any authority.
B- NHRC members may pursue their functions after the end of their term until new members are appointed and sworn in.
C- The Council of Ministers shall appoint NHRC members within three months from receiving the nominations.
Article 3: Membership Eligibility
Candidates should meet the following conditions:
1- They should be Lebanese for more than ten years, persons of high moral character, enjoying their civil rights, having a clean criminal record, and not being convicted with any felony or misdemeanor.
2- 35 years old and above.
3- Having at least ten years of experience in their field of specialization
4- Appointment of members shall represent both genders.
5- Files of candidates shall be submitted to the Office of the General Secretariat of the Council of Ministers.
Article 4: Full-time Engagement and Incompatible Offices
A- NHRC members shall be dedicated full-time to their duties and cannot engage in any other work during their tenure.
B- NHRC members may not hold incompatible offices such as head or member of a ministry, head or member of Parliament, head or member of a public institution’s board of directors, head of a municipal council, a party leadership position, a member of syndicates’ councils, or a member of the entities nominating NHRC members.
C- NHRC members may not run as candidates in parliamentary, municipal, or mayoral elections and shall not hold any political or administrative public position before the passage of two full years after the end of their tenure.
Article 5: Oath of Office
NHRC members shall take oath before the President of the Republic as follows:
“I swear by Almighty God to carry out my duties in the National Human Rights Commission with all integrity, faithfulness, and independence; act, in all that I do, in a trustworthy manner and always seek rightfulness and protect and promote human rights.”
Article 6: Election of NHRC President and Members
A- After taking the oath, NHRC members shall convene upon the call of the oldest member or the request of three members to elect by secret ballot, from the members outside the CPT, a President, a Secretary, and a treasurer, for a non-renewable term of six years.
B- CPT members shall convene to elect a President who would act officially as the NHRC Vice-President.
Article 7: Bylaws and Code of Ethics
A- Members of the first NHRC shall establish the bylaws and lay down a fiscal system within two months from the date of taking the oath and by a two-thirds majority. The bylaws and fiscal system shall include detailed rules and norms that regulate the NHRC work mechanism and shall be approved by a decree adopted by the Council of Ministers.
B- Pursuant to the aforementioned norms, NHRC shall set forth its code of ethics to be observed by all members, employees, staff, representatives of associations, and any person cooperating and working with NHRC.
Article 8: Vacancies
If for any reason a membership position becomes vacant a year before the conclusion of the term, NHRC shall announce the vacancy, and its president shall, within a week, inform the Council of Ministers and the entity responsible for proposing the nomination. The Council of Ministers shall appoint the substitute within three months from being informed per Article 2 of the present law.
The substitute shall complete the remaining period of tenure.
Article 9: Immunity of Members
A- Except for Flagrante Delicto offenses, NHRC members shall not be subject to penal prosecution or legal procedures, including arrest during their tenure without NHRC authorization and after hearing the respondent member who shall not be entitled to participate in the vote.
The NHRC shall declare its decision within two weeks from the date of being informed by the competent judicial authority of the request to lift immunity, or else the authorization shall be deemed as implicitly granted.
B- No employee or representative of NHRC shall be subject to any prosecution or legal procedures, including arrest during their work term with NHRC, for any action related to this work without NHRC authorization.
The NHRC shall declare its decision within two weeks from the date of being informed by the competent judicial authority of the request to lift immunity, or else the authorization shall be deemed as implicitly granted.
C- NHRC offices may not be searched and may not be subject to any judicial or administrative procedure without NHRC authorization.
The executive authority shall not decide to suspend or halt NHRC’s work under any circumstances, including states of emergency and war
Article 10: Non-dismissal of Members
a- NHRC members shall not be dismissed except in the following cases:
1- If their health or mental status prevents them from performing their duties
2- In case a member is convicted of a felony or misdemeanor, membership shall be suspended immediately upon announcing the indictment or ruling against them for the offenses mentioned above.
B- Dismissal decisions shall be taken by a two-thirds majority, and the concerned member shall be notified of the decision within three days from issuance
C- Dismissal decisions may be appealed before the State’s Shura Council within a two-month deadline from the decision notification date.
Article 11: NHRC and CPT Meetings
NHRC and CPT shall meet at least once per month, or whenever deemed necessary, upon the call of NHRC President and CPT President. The meetings of each shall be legal with the attendance of at least the absolute majority of members. Decisions of each shall be adopted by a proportional majority. Any member who fails to attend three consecutive sessions shall be officially deemed a resigning member.
Article 12: NHRC Standing Committees
In addition to the committee established under the present law, NHRC may establish standing committees out of its members to carry out permanent or specific duties, as stipulated by its bylaws.
Article 13: Hiring and contracting
A- NHRC shall be assisted by an administrative apparatus headed by a full-time executive director.
CPT shall be assisted by an administrative apparatus headed by an executive director.
B- The rules of appointment and functions shall be defined in the bylaws.
C- The administrative apparatus shall observe the bylaws’ provisions.
Article 14: Right of Access to Information
NHRC and CPT may contact foreign and Lebanese authorities and agencies and request to be provided with documents and information that they deem useful for the progress of their work. Relevant Lebanese authorities and agencies shall respond to this request without any delay.
Part III
Powers and Duties of NHRC and CPT
Article 15: Definition of NHRC and CPT Duties
A- The NHRC protects and promotes human rights in Lebanon following the standards laid down in the Lebanese Constitution, the UDHR, and other International Human Rights Conventions and Treaties and Lebanese laws consistent with these standards. The NHRC shall carry out special functions set out in the present law and may, for this purpose, communicate independently with international and local human rights bodies.
B- In particular, the NHRC is vested with the following duties:
1- Monitor the extent of Lebanon’s compliance with Human Rights and International Humanitarian Law and draft and publish special or periodic reports thereon.
2- Contribute independently to drafting reports submitted by the Lebanese State.
3- Offer feedback and consultation upon the request of competent authorities or on its own initiative regarding the respect and observation of human rights standards.
4- Receive claims and complaints of human rights violations and contribute to handling these claims through negotiations and mediation or prosecution.
5- Contribute to disseminating the culture of human rights and push for the implementation and development of educational programs on human rights.
C- The CPT works within the NHRC to protect the rights of detained and deprived of their liberties according to the provisions of the present law and Lebanon’s obligations under the OPCAT.
As defined by the OPCAT, CPT carries out the function of a national preventive mechanism aimed to protect the rights of persons who are detained and deprived of their liberties. The CPT enjoys the independent legal capacity to act in matters related to torture and prevention thereof.
D- Both NHRC and CPT, each in its field, shall set down a unified report, including their annual program, achievements, and challenges. NHRC shall submit the unified report to the office of the President, the office of Head of Parliament, the office of the Prime Minister, and the office of Head of the Supreme Council of Justice. The report shall be published in the Official Gazette and discussed by the Parliament.
The report shall not mention any personal information or details that could reveal the identity of victims or witnesses without their consent.
Article 16: Monitoring, Reporting, and Assessment
A- The NHRC shall follow up and assess the status of human rights and international humanitarian law in Lebanon, draft and publish, as appropriate, special or periodic reports thereon.
NHRC shall carry out the following activities, including but not limited to:
1- Follow and assess laws, decrees, administrative decisions, acts, and abstentions within all public authorities, centralized and decentralized, and bodies carrying out public services or public benefits, and evaluate their compliance with human rights standards.
2- Monitor and document violations of human rights and international humanitarian law during periods of armed conflict and follow up by all means possible to limit impunity.
3- Draft general reports and special reports on specific instances of violations, including recommendations.
NHRC shall work on holding debates over the reports with relevant authorities and bodies as well as citizens and media.
B- Offer independent advice in drafting reports submitted by the Lebanese state pursuant to international and regional treaties, propose independent recommendations thereon, and follow up their implementation in cooperation with relevant authorities, institutions, and bodies. The NHRC may urge concerned administrations to submit their reports on time and in a duly manner.
Section 2: Special Powers and Duties on Receiving and Handling Complaints
Article 17: Receiving and Handling Complaints
NHRC shall receive claims and complaints of human rights violations in Lebanon from any natural or legal person, Lebanese or non-Lebanese, investigate the facts and evidence, and seek to address and handle these claims.
Article 18: Rules and Conditions for Submitting Claims and Complaints
A- NHRC shall set out in its bylaws the details, rules, and conditions for submitting complaints and claims and ensure the seriousness of complaints or claims, the safety of complainants or informants, and the confidentiality of correspondence when deemed necessary.
B- Neither NHRC nor any of its members or employees are entitled to reveal the name and identity of complainants or informants without their prior written consent, even after the case is brought before the competent judicial or disciplinary authorities.
Article 19: Investigation
A- NHRC shall appoint, upon receipt of a complaint or claim, one or more of its members to act as rapporteur who shall conduct and oversee the investigation and complete the declared information using all available means.
B- The rapporteur shall collect by themself all information available. Competent executive, administrative, and judicial authorities and all relevant entities shall cooperate with them upon request.
If concerned authorities fail to cooperate within two weeks from the date of notification, the rapporteur may refer to competent authorities to undertake appropriate measures.
Article 20: Procedures Following Investigation
In light of investigation results, NHRC shall decide to file the complaint, or attempt to resolve its cause through negotiations or mediation in all matters concerning personal rights, or refer the complaint to the Public Prosecution Office, which shall inform NHRC of the investigation progress and its results, or assist the complainant in submitting necessary inquiries before relevant authorities
NHRC shall keep investigations confidential according to the Code of Criminal Procedure.
Section 3- Special powers and duties to implement and develop
Human Rights Education
Article 21: Human Rights Education
NHRC shall help disseminate the human rights culture and the International Humanitarian Law and promote the implementation and development of human rights educational programs.
NHRC shall carry out the following activities, including but not limited to:
A- Encourage and help the Ministry of Education and Higher Education and other public and private educational bodies to include theoretical and applied subjects on Human Rights and International Humanitarian Law in their educational programs and develop these subjects and related educational instruments.
B- Participate in media and publicity campaigns and programs on the standards and means of observing Human Rights and International Humanitarian Law.
C- Conduct studies and hold conferences, seminars, and training courses for various official and private entities in all subjects within the institution’s field, mainly the Security Forces.
D- Issue, publish and distribute books and publications on all subjects within the institution’s field.
Section 4: Powers and Duties of the CPT
Article 22: Definitions
A- The term “torture” in the present law means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by or at the instigation of or with the explicit or implicit consent of a public official or any other person acting in an official capacity for such purposes as obtaining from them or a third person information or a confession, or punishing them for an act they or a third person has committed or is suspected of having committed, or intimidating or coercing them or a third person to undertake or to refrain from undertaking a specific action; or for any reason based on discrimination of any kind when such pain or suffering is inflicted.
The above definition does not include severe pain or suffering resulting from, inherent in, or incidental to lawful sanctions.
b- For the purposes of the present Law, “deprivation of liberty” means any form of detention or imprisonment or the placement of a person in a public or private custodial setting, from which this person is not permitted to leave at will, by order of any judicial, administrative, or other public authority.
Places of deprivation of liberty include, but are not limited to, prisons, places of detention, police stations, juvenile centers, ports, airports, hospitals, and psychiatric institutions in Lebanon where persons are or may be deprived of their liberty, whether under the supervision of the Directorate General of Internal Security Forces or the General Directorate of the General Security, the General Directorate of State Security, the Customs Administration, the Ministry of National Defense or the Ministry of Justice, hereafter referred to as “places of detention.”
Article 23: Powers of CPT to Visit Places of Detention
A- The CPT or its appointed members and accompanying employees or contractors have the full authority to access and visit all places of detention and related facilities in Lebanon without exception to protect detainees against arbitrary detention, torture, and other cruel, inhuman, or degrading treatment or punishment. The CPT shall cooperate with competent authorities and negotiate to enforce and improve laws and regulations related to detainees and places of detention.
B- The CPT or any of its appointed members may:
1- Carry out periodic or unannounced visits at any time to places of detention without prior notice and the need for any permission from any administrative, judicial, or other authority.
2- Conduct collective or individual interviews with detainees in private, away from any surveillance, and with the assistance of an interpreter if necessary.
3- Meet any other person who may have relevant information or provide assistance that it deems necessary and have unrestricted access to confidential information as required by CPT’s work. The CPT may not publish or reveal any of this information without the consent of the person concerned or the source.
4- Receive complaints or requests for interviews, inspection, or medical examination.
Article 24: Cooperation with Entities and Experts
A- In the exercise of its functions, the CPT shall cooperate with CSOs engaged in assisting persons deprived of liberty.
B- The CPT may resort to external experts other than its employees. When needed, those experts may accompany CPT members on their visits to places of detention, taking into account the requirements of national defense and public safety.
Article 25: Right of Access to Information
A- To fulfill its functions, the CPT may have access to all information from relevant authorities concerning:
1- Number of places of detention and their locations
2- Full identity of detainees, place of their detention, date, and duration of their detention, as well as the legal basis for their detention.
B- The CPT shall look at the content and progress of complaints, allegations, or prosecutions of torture and other cruel, inhuman, or degrading treatment or punishment before disciplinary or administrative authorities. Every judicial or disciplinary decision issued in cases of torture and other cruel, inhuman, or degrading treatment or punishment shall be reported to the CPT by the concerned party within one month from the date of issuance.
C- The CPT is not bound to communicate any information to any party, except where the interest of detainees requires otherwise. All files and information relating to CPT shall remain confidential and shall not be disclosed except following a decision by the CPT.
Article 26: Observations, Recommendations, and Suggestions
A- The CPT shall lay down its observations, recommendations, and suggestions regarding places of detention and conditions of persons deprived of their liberty and pass them to NHRC and the relevant authorities to improve conditions and circumstances of those detainees and prevent torture and other cruel, inhuman, or degrading treatment or punishment.
b- Concerning arbitrarily detained persons, the CPT shall report their status to competent administrative and judicial authorities, which shall take appropriate legal and judicial measures in this regard to end their unlawful detention.
C- The CPT shall, through the NHRC, express its opinion, make observations and recommendations and initiate proposals regarding draft laws or suggested amendments to existing laws related to the treatment of persons deprived of their liberty, conditions of detention, and fair trial procedures.
Article 27: Cooperation of Competent Authorities
A- Competent legislative, executive, judicial, and administrative authorities and all parties shall cooperate with the CPT and facilitate its work to fulfill its functions effectively.
b- The CPT may establish direct contact with the UN Subcommittee on Prevention of Torture (SPT) and provide it with information when required. CPT and SPT shall meet periodically or whenever needed.
Part IV – NHRC Budget and Fiscal system
Article 28:
A- NHRC shall enjoy financial and administrative independence and is subject to the Audit Bureau’s supervision.
B- NHRC shall have an annual budget stipulated within a special chapter in the public budget, under a special section for the independent national commissions, and it shall be sufficient to cover NHRC costs and activities.
NHRC shall prepare its annual budget, which shall be submitted to the Minister of Finance by the NHRC President within the deadline according to the principles stipulated in the Public Accounting Law.
C- An additional appropriation shall be opened in the public budget for the first operational year of NHRC after the entry into force of this law.
D- A private account shall be opened for NHRC at the Banque du Liban. NHRC President shall be responsible for contracting its costs as per the principles and rules stipulated in the Public Accounting Law. At the end of every fiscal year, a summary of expenditures approved by the NHRC President shall be sent to the Ministry of Finance. The provisions of the Public Accounting Law shall apply to these statements.
E- NHRC accounts are subject to internal and external audit by independent audit firms according to the provisions of article 73 of Law 326 dated 28/6/2001 (The Budget Law of 2001).
Article 29: NHRC Funding
NHRC funding consists of:
A- Budget allocations
B- Donations or any financial support from local or international bodies and any other resources, provided that such funding is not subject to restrictions that might affect NHRC independence and does observe the laws in force.
Article 30: Members Allowances
A- The President, Vice-president, and NHRC members shall receive a lump-sum monthly compensation determined by a decree issued by the Council of Ministers upon the proposal of the Minister of Justice.
B- The mandate of the first NHRC including the Committee for Prevention of Torture starts after the issuance of all regulating decrees governing the commission.
Part V – Final Provisions
Article 31: Law Implementation Details
Law implementation details shall be determined when necessary by decrees to be adopted by the Council of Ministers upon the proposal of the Minister of Justice.
Article 32: Final provisions
The present law shall enter into force upon publication in the Official Gazette.
