Women can be held in four designated facilities (Baabda, Tripoli, Zahle, and Beirut) or in the female wing of Roumieh Prison.¹

Gender-specific needs are not always catered to. Female prisoners have regularly complained about the lack of basic hygiene products, such as sanitary towels, deodorants, and underwear.¹ Pregnant women are not given sufficient food during pregnancy or while breastfeeding. However, the authorities are obliged to provide them with special meals prescribed by the facility’s doctor (Article 80 of Decree No. 14310). Lebanese civil society organisations have denounced the lack of gynaecological services.² The Dar al Amal association has been working with female prisoners since 1996. It meets their needs in detention (food, hygiene products, clothing, medication, legal assistance) and supports them when they are released.

Female prisoners can receive support from associations whose mission is “limited to giving advice to prisoners and training them in certain jobs, under the supervision of the governor” (Article 28 Decree No. 14130).

Civil society organisations occasionally offer activities and training to female prisoners. Between 2012 and 2013, the cultural association Zakira ran introductory photography courses. Around 40 women from the Barbar El Khazen prison (Beirut) took part. One of the association’s photographers, Zahraa Mortada, reported that female prisoners usually take sewing, knitting, and make-up classes.

There is reportedly no adapted living space or unit for children in prison with their mothers.

In 2020, Lebanese civil society organisations condemned the failure to meet the specific needs of newborns in detention.¹

Minors are subject to a special justice system. Law No. 422 of 6 June 2002 sets out provisions for the protection of minors who are currently or are at risk of being in trouble with the law. The death penalty, forced labour, and corporal punishment are prohibited for minors. A social worker assists in the implementation of court decisions concerning children.¹

The range of criminal sanctions for children is outlined in the 2002 Act. The law favours alternative educational measures to custodial sentences such as community service or reparation. The juvenile judge can change, modify, or suspend the measure at any time in the child’s best interests. These sanctions can be imposed up to the age of 21 “if the minor’s circumstances so require”.¹

Juveniles can be held in a dedicated ward in Roumieh Prison or in either of two designated prisons (one for girls and one for boys).

Observers report that conditions in the Roumieh Juvenile Detention Centre are “less undignified” than in the adult detention facilities. It is said to be less dirty and overcrowded. It is also reported that more training and courses are offered. The United Nations Office on Drugs and Crime (UNODC) finances the supply of basic commodities for juvenile prisoners (soap, shampoo, towels, sheets, underwear, toothbrushes, toothpaste). It also funds psychological counselling for young Syrian prisoners.¹

The Ministry of Social Affairs and UNODC offer occasional activities for minors. In 2016, the UN Committee against Torture listed the following activities:

• a three-month training course in agricultural techniques for 16 young people, after which they received official diplomas
• an apprenticeship in car mechanics in Beirut
• a literacy programme for girls, running two days a week
• vocational rehabilitation programmes in sewing, crocheting, and wool work for girls In the 2013/14 school year, eight teachers were assigned by the Ministry of Education and Higher Education to train juvenile prisoners.¹

Illegally entering and staying in Lebanon as a foreigner is considered an offence punishable by one to three years’ imprisonment, a fine, and deportation. This also applies to asylum seekers. The country has not yet acceded to the 1951 UN Convention relating to the Status of Refugees.

The CLDH noted that between April and September 2009, 13% of prisoners had not been released after serving their sentence because they had failed to pay their fine. All of them were foreign nationals. The vast majority (81%) were convicted of illegally entering and/or staying in Lebanon.¹ Many prison governors have expressed their dismay and concern at foreign nationals being kept in detention after having served their sentences while awaiting their transfer to the General Security holding centre.²

[The Penal Code] allows for the conversion of a life sentence to a prison term of seven to twenty years (Article 201).

The Code of Criminal Procedure limits the duration of pre-trial detention. The duration varies according to the type of offence. In the case of an offence of moderate severity, it cannot exceed two months unless the person has already been sentenced to a prison term of at least one year. The duration of pre-trial detention is limited to six months for serious offences. It may be renewed once in cases of “extreme necessity”. There is no limit to the duration of pre-trial detention for homicide, drug-related crimes, and crimes against state security.¹ The duration of pre-trial detention very often exceeds legal limits. Some prisoners have waited years to be brought before a judge. Lynn Maalouf, Director of Middle East Research at Amnesty International, explained: “Prisons in Lebanon are full of people who don’t belong there, including hundreds of people who are kept locked up because the judicial system does not process their cases in a timely manner or because they cannot afford to pay their fines or obtain release warrants”.

Untried prisoners are not treated in a manner that reflects their presumed innocence. Civil society organisations have denounced extended pre-trial detention. They claim that judges and prosecutors do not respect the legal maximum time limit for pre-trial detention or trial deadlines. They have also reported that there are delays in applying for release and in transferring prisoners to the courthouses. Arrest warrants are issued with no justification of the need for pre-trial detention. Alternatives to pre-trial detention are rarely employed. Pre-trial detention is reportedly used more as a punishment prior to conviction.¹

LGBTQI+ persons are not afforded any special protection. Civil society organisations report that they are often abused. They are subjected to violence by fellow prisoners and staff (harassment, rape, sexual assault, and other forms of abuse). They are often deprived of their right of access to a lawyer, notably during interrogations.¹ In a report published in 2013, Human Rights Watch documented multiple incidents of torture and ill-treatment (verbal, physical, sexual, humiliation) committed by members of the Internal Security Forces. In addition to obtaining confessions, physical violence is also used as a disciplinary measure. Until 2020, LGBTQI+ HIV-positive people had been receiving antiretroviral treatment as part of a national programme.² However, the programme has since run into difficulties: its premises were destroyed in the explosion at the port of Beirut. Since then, the NGO Proud Lebanon has taken over and has ensured that all prisoners have access to their medication.

HIV and drug testing is routinely carried out for persons identified as being LGBTQIA+.

The law allows elderly prisoners to apply for a sentence adjustment. The prison governor is required to draw up a report for the purpose of obtaining a pardon or suspension of sentence for convicts who are “very old or have a disability that makes them unfit for any kind of work” (Article 49 of Decree No. 14310).¹

Minors cannot be sentenced to death. Instead of the death penalty, the sentence is 5 to 15 years’ imprisonment. The death penalty can be commuted for those who have “an excuse or extenuating circumstance, such as an intellectual disability or mental illness”. Commutation can also be granted to persons deemed “honourable” and to those who have committed political offences. Pregnant women are not exempt from capital punishment. Their execution is suspended until after childbirth. The stay can be extended for up to several months for nursing mothers.¹

Since 2011, death row prisoners have been eligible for commutation to a prison sentence of 35 to 40 years, if several requirements are met: “to have spent 30 years in prison, to have shown good behaviour, to have compensated the plaintiff, and to have waived the right to compensation”.¹

There are no special detention arrangements for death row prisoners. Detention conditions are similar for all prisoners but may vary depending on the facility or building in which the person is held. The ECPM fact-finding mission reported that the mental state of the death row prisoners they met was “very worrying”.¹

Death row prisoners receive few, if any, family visits. Families often live far away from where their relatives are imprisoned. The ECPM fact-finding mission stated that the families of death row prisoners face difficulties when visiting their relatives such as the high cost of petrol and the long waiting times. “Some families have had to wait more than three hours for a fifteen-minute visit”.¹

The only prisoners subject to special security and surveillance are those who have been sentenced to death for terrorism. They are held in Building B at Roumieh Prison. Members of the ECPM fact-finding mission were unable to interview these individuals despite having received permission from the Ministry of Justice. They reported that each time they visited, “the security forces cited various security problems”.