Law Enforcement Practices

State agents' behavior with LGBT individuals in Lebanon is also flawed by a string of human rights violations as well as by frequent violations of Lebanese law.

Police records of LGBT citizens
State intelligence services used informer networks and lengthy interrogations of LGBT detainees in order to gather information on suspects. Moreover, the vice squad head quarter's commander in Hbeich, Antoine CHAKKOUR, admitted in an interview with "Femme magazine" that he keeps records of LGBT individuals and that they put them as well as the places where they meet under close surveillance.

The same security official mentions the only available annual statistics of arrests based on article 534: "68 homosexuals/sodomites were arrested in 1993, including 20 minors."

Arbitrary arrests
The Constitution provides for the inviolability of the domicile; however, authorities frequently interfered with the privacy of suspected LGBT persons. Laws require that prosecutors obtain warrants before entering homes, except when security forces are in close pursuit of armed attackers; however, the law was not respected in practice: private homes have been reportedly raided upon tips coming from disapproving neighbors or vindictive acquaintances.

The law requires security forces to obtain warrants before making any arrests, except in cases of "flagrante delicto"; however, state agents carried out arbitrary arrests and detention targeting individuals for their perceived sexual orientation, especially when targeting night clubs and cruising areas.

Corrupt state agents
Detained suspects cooperate with state agents out of fear of being prosecuted or to avoid having their sexual orientation made public since their full first name and their last name's initial are published in police reports which are released to the press. Proof of their prosecution also outlives their indictment by being noted down in their legal records, thus reducing their chances to find employment in public service or the private sector.

In one case at least, it has been reported that a gay man paid a bribe to have any mention of his sexual orientation erased from his criminal record. Extortion of gay men by security agents has also occurred, especially in cruising areas. Moreover, state agents are only lenient with an LGBT person if he or she has connections or if his or her family has a certain social status.

Moral and physical torture
Although the Universal declaration of human rights is binding according to the constitution, there are continued and credible reports that security forces abused detainees and used torture. Violent abuse usually occurs during preliminary investigations conducted at police stations or military installations, in which suspects are interrogated without the presence of an attorney. Such abuse still occurs despite laws that prevent judges from accepting any confession extracted under duress.

Methods of torture reportedly included, verbal insults, beatings, blackmail by threatening suspects to prosecute them or to disclose their sexual orientation to the press or to third parties if they do not report on other gays, and humiliation by forcing suspects to take the degrading 'medical' anal examination.

On the 18th of July 2001, the Justice Minister publicly confirmed that "torture in Lebanese prisons is real, and mainly occurs during preliminary investigations." The Minister also added that the Government would adopt measures to eliminate the use of torture. By January 2004, no measures had been taken.

Lack of police protection
Even LGBT individuals who have sought police protection after having been abused by third parties have been reportedly subjected to the same kind of treatment by the police or the military police.

As a result of this lack of protection, LGBT individuals are more prawn to be targeted by criminals who know that these vulnerable victims won't venture to the police and report a robbery without forced entry, or a mugging in a renowned gay cruising area, or rape during a date that turned ugly. If these LGBT victims do report what happened to them, they would end up being themselves prosecuted.

Not only do Lebanese Law enforcement agents deny LGBT individuals any form of protection, but they even came up with new creative ways to prosecute LGBT people: they recently accused gay and lesbian clubbers of devil worship.

On the 30th of March 2003, they raided the Acid Night club, known to offer a gay friendly environment, and arbitrarily arrested 10 people on devil worshiping allegations. They confiscated identification cards from almost 50 people and many individuals reported physical violence when simply asking about what was happening.

Censorship
The Constitution provides for freedom of speech and of the press; yet, the Government limited this right in practice. The Surety General was given a discretionary authorization to censor all foreign magazines and non-periodical works, as well as foreign and local plays, books, and films, before they are distributed in the market.

State agents have banned the "gaylebanon.com" website in 2000. They have raided the premises of a major Beirut Internet service provider, detaining and harassing its personnel as well as summoning its general manager for interrogation and subsequently prosecuting him as well as a human rights activist who took up his defense, all in an attempt to extract the identities of persons who run the gay Lebanese website. Moreover, they have banned a book in Arabic on homosexuality in the Arab world in 2000. They have also continued to confiscate personal LGBT publications from their owners at the Beirut International Airport. They even scrutinize private mail entering or exiting the country, confiscating LGBT books, magazines and films.

In violation of the Lebanese constitution and international treaties
Article 534 of the Lebanese penal code, the legal practice and the state agents' practices related to its implementation break local and international law.

In the preamble of the Lebanese constitution - added in 1990 - paragraph (b) states that Lebanon "will uphold the Universal Declaration of Human Rights (UDHR). The state represents these principles in all areas without exception".

As such, the state must forbid torture and degrading treatments (UDHR, article 5), protect against discrimination (UDHR, article 7), refrain from interfering into private lives and residences (UDHR, article 12), guarantee freedom of opinion, expression and information (UDHR, article 19), guarantee freedom of association (UDHR, article 20).

These same rights are also guaranteed in the International Covenant on Civil and Political Rights Pact as well as the International Covenant on Economic, Social and Cultural Rights. Lebanon has ratified both covenants. Lebanon has also adhered to the Convention Against Torture.

Moreover, Lebanon agreed to respect the European Convention on Human Rights, including the requirement of not prosecuting LGBT people, by signing the European Union/Lebanon Association Agreement late 2002.

None of these treaties is implemented in Lebanon, neither for LGBT individuals nor for other Lebanese citizens for that matter.