Where should this torture case be tried?

Three human rights organizations have objected to the referral of a Lebanese torture case to a military court. Details here. Excerpt:

The transfer of [Ziad] Itani’s torture complaint to the military courts violates article 15 of the Lebanese Code of Criminal Procedure, which states that offenses committed by judicial police officers during the performance of their duties fall under the jurisdiction of ordinary civilian courts. Lebanon’s 2017 anti-torture law specifies that the public prosecutor should refer torture cases to ordinary courts within 48 hours.

The jurisdiction of the ordinary criminal courts over torture complaints is vital for guaranteeing victims the right to a fair trial. Human Rights Watch has previously found that Lebanon’s military courts do not respect due process rights and that their structure undermines the right to a fair trial, including the right to be tried before a competent, independent, and impartial court and the right to a public hearing. Many military court judges are military officers, appointed by the defense minister, who are not required to have a law degree or legal training. Human rights organizations and journalists cannot monitor trials without the presiding judge’s prior approval.

Further, Lebanese lawyers have said victims cannot be a party in military trials and are considered witnesses, denying them the right to participate in the trial of the accused. Lebanese legal experts also state that there is only a limited right to appeal within the military court system.

The state prosecutor and the military prosecutor should immediately transfer Itani’s complaint to the competent regular judicial authorities to guarantee Itani’s right to a fair hearing of the torture complaint and to comply with Lebanese law, the groups said.