They Vote Amnesty & Hope Amnesia: Why is a General Amnesty Law the current worst enemy to the Lebanese?

Opinion Policy Analysis by Sasha Matar, Contributor

January 21st, 2021

“The most formidable weapon against errors of every kind is, reason. I have never used any other, and I trust I never shall."

Thomas Paine, The Age of Reason (American Philosopher, Political Activist, Revolutionary)

One act of negligence after another has heightened the discussions corelating around Lebanon and it’s status as a failed state. From the crumbling economy jeopardizing the daily bread of the majority of the population, who has continuously been battling to cope with the consequences of the mushrooming corruption. To the infrastructure breakdown, surmounted by a complete denial of responsibilities towards hundreds of deaths and thousands of injuries resulting from the Beirut blast.

Incompetent, unfit, liars, embezzlers, and various similar descriptions have been attributed to the Lebanese political elite, more correctly acting as sectarian' leaders who in generalization, prior to the General Amnesty Law of August 1991 (Law No. 84/91), were better known as “Militia Warlords”.

Brief history behind the Law No. 84/91

In 1975, an occasional series of violence - intensified arguably as a result of the migration of Palestinians and the presence of Syrian troops in Lebanon - escalated to a legitimate civil war between different political groups in the once upon a time country regarded as “an example of cross-sectarian coexistence”. After more than two decades of bloodshed and exhausted attempts to bring peace and reconciliation, the intervention of a mediator became crucial. Thus, with the intentions to demonstrate its solidarity with the neighboring Arab country, the League of Arab States decided to broker a cease-fire in 1989 in the Ta’if city of Saudi Arabia which resulted in the creation of the National Reconciliation Accord; or the Ta’if Agreement.

Upon the ratification of this document, Lebanese politicians vowed, on one hand, to abolish political sectarianism, and considered this matter a fundamental national objective. But who are we fooling?

If anything, political sectarianism was reinforced, and more so even, institutionalized.

Furthermore, Lebanese politicians were strongly committed to restore the rule of law and restructure the authority of the state security apparatus, after having witnessed a collapse during the period of war. For this reason, the implementation of post-war strategies was necessary and the enactment of the Amnesty Law took place on 26 August 1991, signaling the end of the civil war on papers, and its continuity in the collective memory of the Lebanese population. 

Not to mention that, the Law No. 84/9,1 which was issued by the members of the Lebanese Parliament - whose legitimacy was already controversial - to grant pardon for the political crimes committed before 28 March 1991 and to erase criminal responsibility, was mainly serving their colleagues; the ex-militia leaders who would have been in different circumstances prosecuted for their war crimes.

Unfortunately, the only way to turn the page on the horrors experienced was by forcing a collective amnesia. Thus, an exception was made to the rule of social justice, and the Lebanese citizens carried on believing that they were not justly served, holding a grudge in silence and biting off their painful memories.

Definition of Amnesty (العفو) According to the Lebanese Penal Code (L.P.C.)

Art. 150 L.P.C. - A general amnesty (عفوعام) shall be proclaimed by the legislature. Any primary, accessory or additional penalty shall be remitted. Precautionary and rehabilitative measures shall not be covered unless the Amnesty Act contains an explicit provision to that effect…

Art. 152 L.P.C. - The President of the Republic grants a special pardon (عفو خاص – La Grace) after consulting the Pardon Commission. The convicted person may not refuse the pardon... The pardon may be conditional and linked to one or more of the requirements... If the act committed was a felony, the civil party shall be compensated pursuant to Article 170, paragraph 3, within a period of not more than three years.

The 1991 amnesty law was succeeded by the enactment of relatively special general amnesty laws. Among which were most notably, the Decree No.1637/91 that granted amnesty to the current Lebanese President General Michel Aoun and two officers close to him, Edgard Malouf and Issam Abu Jamra. Subsequently, the then-General Michel Aoun was granted 48 hours to escape Lebanon and take political asylum in the French-Mitterrand government.

Next was Amnesty Law No. 666/97 that stopped the prosecution of seven thousand narcotic related crimes. 

Simultaneous amnesties were adopted in 2005, the law no. 677 and 678. The former benefiting the Lebanese Forces Leader Samir Geagea who was arrested for the assassination of the family of Dany Chamoun and bombing the Our Lady of Deliverance Church in Jounieh. The latter, benefiting 17 criminals who had engaged in fights against the Lebanese Army in Dennieh and Majdal Anjar in 2000.

It is worthy to note that the succession of the 2005 Amnesty Laws was not accidental. One could have not passed without the other, given the highly confessional and consociational nature of what Lebanon has become in its “Second Republic”.

Almost half a century after the ratification of the unpardonable amnesty law of 1991 - a political act par excellence – discussions focused on adopting a new amnesty bill were revived. This time, the bill is in favor of three different categories of convicts. Each category supported by its affiliated political party:

1.     Sunni-extremist convicts accused of killing soldiers in the Lebanese Army, enjoying the support of Sunni blocs.

2.     Lebanese who fled to israel following the withdrawal of the occupying israeli soldiers from the South of Lebanon in 2000, who are mostly Christians and currently holding israeli citizenships and backed by Christian political parties, mainly the Lebanese Forces.

3.     Prisoners arrested for drug-related crimes, mainly from the Beqaa region and coming from the Shiite community. Ergo, arguably supported by the Shiite duo of Hezbollah and Amal.

In an exclusive interview with Ali Baroudy for The Phoenix Daily, Ali noted that the passing of a general amnesty bill is a very sensitive and a daily topic of discussion among the inmates of the Roumieh prison. The lobbying to pass such a bill is currently coming from the inmates’ family members and the inmates themselves who fear the infection with the Covid-19 virus.

The overcrowding of prisoners and the drastic sanitary conditions are strong and highly motivating reasons for the Lebanese Parliament to pass such a bill. In spite of the emergency of the situation, the health of the inmates is absolutely not their priority when confessional interests are at stake.

 Amnesty is a strong political card.

However, the passing of the draft law on general amnesty has been adjourned several times as result of the absence of a quorum, and other times as a result of the ongoing contentions among the various parliamentary political parties concerning several articles in the suggested draft.

Indeed, prisoners around the world are expected to be struggling with the spread of the Covid-19. Yet, many questions arise regarding this topic: “Is the Lebanese judiciary ready to reintegrate a very oppressed category of prisoners into a very financially and morally destroyed population? Is the amnesty law the only solution to this dilemma? What could be the alternatives?”

From an ex-convict’s position, Baroudy thinks amnesty is a necessity. However, Ali today thinks it’s healthier to offer the prisoners better judicial procedures rather than ‘randomly’ delivering inmates into a dysfunctional society.

“Being locked up for minor offences such as consuming soft drugs, is a burden on the Lebanese Prison System”, adds Ali. “It is directly affecting the overcrowding of prisons and exhausting the judiciary with a large number of prisoners who keep waiting for their trial sometimes for years due to the slow judiciary.”

Lebanon’s experience throughout the years with amnesty laws, have demonstrated their inefficiency. Instead of uniting, they divide. Instead of investing in the collective memory to heal from the past, they invest in the collective amnesia to forget the past.

 Moreover, very few inmates receive rehabilitation once they leave the prison. Hence, the number of repeat offenders is very high. 

Obviously, this current political card, even though on hold at the moment, will be the talk of the town as soon as the personal interests of the same political elite surface back. Naturally, punishment is a normal response to crime. Yet, the Lebanese government has managed to normalize the exception.  

To avoid such measures, alternatives do exist in terms of implementing reforms to the judicial system. 

For instance, we have recently witnessed, investigations of detainees happening online as a result of the pandemic, which has been time-saving for both the judges and the police force responsible for transporting the detainees. Thus, affecting to some extent the overcrowding issue. The number of prisoners awaiting their verdicts (قيد المحاكمة سجناء)dropped from 49% to 46% from the total of prisoners (موقوفين و محكومين). 

Increasing the number of judges, could be another solution. 

Lastly, countermeasures taken could be dedicating an appropriate budget and mobilizing resources exclusively to the Judicial System, such as implementing taxes that would directly benefit the judiciary system and the penitentiary administrations.

However, the question remains; Are the people who are demanding reform and independence towards and the Lebanese judiciary even able to afford paying taxes for what they believe could save their country in so many ways?

Note to the reader:

This article was inspired by the true story of Ali Baroudy.

Ali Baroudy was only 19 years old when he was arrested for using illegal drugs under Lebanese legislation. He spent around 5 years in the Roumieh penitentiary, located in the Metn Governorate of Lebanon.

After graduating with an International Business degree from the Lebanese American University, Ali has founded in 2019, along with other Lebanese activists, the youth-led “Minteshreen” political movement ‘born from the womb of the October 17 Revolution’.

When asked about his preferred designation for the purpose of this article, he mentioned that some people see him as an “ex-convict” and others as a “political activist”. 

After interviewing Ali, I understood that; when life throws lemon at Ali Baroudy… He makes wine.*