Judge: Lebanon can’t intervene in suit and can’t be sued

Three of Amer Fakhoury’s four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, New Hampshire. (AP/File)
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Updated 16 August 2022

Judge: Lebanon can’t intervene in suit and can’t be sued

  • The family had sought to expand the lawsuit to also target Lebanon
  • The Fakhourys’ lawyer, Robert Tolchin, had asked for permission to formally sue Lebanon

CONCORD, New Hampshire: A judge on Monday denied a family’s attempt to sue Lebanon on allegations that the country’s security agency kidnapped and tortured their family member before he died in the US, and that the agency could not intervene in the case.
Amer Fakhoury, a Lebanese American man, died in the US in August 2020 at age 57 from stage 4 lymphoma. His family’s lawsuit, filed in Washington last year against Iran, says he developed the illness and other serious medical issues while imprisoned during a visit to Lebanon over decades-old murder and torture charges that he denied.
The family had sought to expand the lawsuit to also target Lebanon.
Fakhoury’s detention in 2019 and release in 2020 marked another strain in relations between the United States and Lebanon, which finds itself beset by one of the world’s worst economic disasters and squeezed by tensions between Washington and Iran.
Lawyers representing Lebanon’s security agency, the General Directorate of General Security, had first asked to intervene in the Fakhoury family’s wrongful death lawsuit against Iran to have the allegations against Lebanon stricken. That request also was denied by US District Judge John Bates in his order Monday.
The Lebanese security agency had claimed the lawsuit falsely accuses it and its director of “serious crimes of kidnapping, torture and killing at the direction or aid of alleged terrorist organizations.”
In turn, the Fakhourys’ lawyer, Robert Tolchin, had asked for permission to formally sue Lebanon.
The family’s lawsuit initially argued it was possible to sue Iran under an exception to the Foreign Sovereign Immunities Act, as it has been designated as a “state sponsor of terrorism” since 1984. The suit also described Hezbollah, now both a dominant political and militant force in Lebanon, as an “instrument” of Iran.
Tolchin had said the Fakhourys interpreted the Lebanon security agency’s request to intervene as a wavier of sovereign immunity. An attorney for the agency denied that, and the judge agreed.
Bates wrote that there is “insufficient evidence for the court to conclude” that the agency intended to waive its sovereign immunity.
Bates also wrote that the allegations about Fakhoury’s detention in Lebanon that the security agency wishes to strike “are central to this lawsuit.”
Messages seeking comment were sent to the lawyers.
Iran has yet to respond to the lawsuit. It has ignored others filed against it in American courts in the wake of the 1979 Islamic Revolution and US Embassy hostage crisis.
Fakhoury’s imprisonment in Lebanon took place in September 2019, not long after he became an American citizen. Fakhoury, a restaurateur in New Hampshire, visited his home country on vacation for the first time in nearly 20 years. A week after he arrived, he was jailed and his passport was seized, his family has said.
The day before he was taken into custody, a newspaper close to the Iranian-backed Shiite group Hezbollah published a story accusing him of playing a role in the torture and killing of inmates at a prison run by an Israeli-backed Lebanese militia during Israel’s occupation of Lebanon two decades ago. Fakhoury was a member of the South Lebanon Army.
The article dubbed him the “butcher” of the Khiam Detention Center, which was notorious for human rights abuses. Fakhoury’s family said he had worked at the prison as a member of the militia, but that he was a clerk who had little contact with inmates. When Israel withdrew from Lebanon in 2000, Fakhoury left the country like many other militia members who feared reprisals. He arrived in the US in 2001.
As early as 2018, Fakhoury had sought assurances from the US State Department and the Lebanese government that he could visit Lebanon freely. His family said he was told there were no accusations against him in Lebanon or no legal matters that might interfere with his return.
Upon his return to Lebanon, Fakhoury was held for five months before he was formally charged, his family said. By then, he had dropped more than 60 pounds, was suffering from lymphoma, and had rib fractures, among other serious health problems, they said.
Eventually, the Lebanese Supreme Court dropped the charges against Fakhoury. He was returned to the United States on March 19, 2020, on a US Marine Corps Osprey aircraft. He died five months later.


Morocco arrests suspected Daesh group member

Updated 59 min 10 sec ago

Morocco arrests suspected Daesh group member

  • The 29-year-old man was arrested in the economic capital Casablanca
  • The suspect had reportedly sought to "join terrorist organisations" including those based in sub-Saharan Africa

RABAT: Moroccan police said Thursday they had arrested a suspected Daesh group member, in cooperation with US intelligence officers, who was accused of plotting a “terrorist” act.
The 29-year-old man was arrested in the economic capital Casablanca “for his alleged involvement in the preparation of a terrorist scheme aimed at seriously undermining public order,” Morocco’s Central Bureau of Judicial Investigation (BCIJ) said in a statement.
The suspect had carried out “reconnaissance visits to identify certain security checkpoints, with a view to attacking them and using their weapons in terrorist operations,” the BCIJ added.
The suspect had reportedly sought to “join terrorist organizations” including those based in sub-Saharan Africa, as well as in Syria and Iraq.
In 2003, Casablanca was hit by a dozen suicide bombers, killing 33 people and wounding dozens more.
Since then, Morocco has been spared major attacks, but its security services regularly report foiling plots.
Since 2002, Moroccan police claim to have dismantled 2,000 “terror cells” and arrested some 3,500 people in cases linked to terror, according to the BCIJ.

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Iran celebrities warned against inciting Mahsa Amini protests

Updated 29 September 2022

Iran celebrities warned against inciting Mahsa Amini protests

  • A number of Iranian sportsmen as well as actors and filmmakers have put their support behind the movement
  • Iran’s judiciary chief Gholamhossein Mohseni Ejei has criticized celebrities over their actions

TEHRAN: Iranian celebrities were warned Thursday against coming out in support of protests that flared across the country over the death of young Kurdish woman Mahsa Amini in morality police custody.
A wave of unrest has rocked Iran since the 22-year-old died on September 16 after her arrest by the morality police in Tehran for reportedly failing to observe the Islamic republic’s strict dress code for women.
The street violence has led to the deaths of dozens of people — mostly protesters but also members of the security forces — and hundreds of arrests.
“We will take action against the celebrities who have fanned the flames of the riots,” Tehran provincial governor Mohsen Mansouri said, quoted by ISNA news agency.
A number of Iranian sportsmen as well as actors and filmmakers have put their support behind the movement, asking authorities to listen to the people’s demands.
Iran’s two-time Oscar winning director Asghar Farhadi on Sunday urged people around the world to “stand in solidarity” with the protesters.
“They are looking for simple yet fundamental rights that the state has denied them for years,” Farhadi said, in a video message on Instagram.
At a football match against Senegal in Vienna on Tuesday, the entire Iranian team remained dressed in black during the anthems rather than exposing the national strip.
In an Instagram post, star forward Sardar Azmoun condemned the authorities and appeared to complain of a gag order against the team, before retracting his statement.
Another former prominent player, Ali Karimi, has repeatedly supported the protests and condemned Amini’s death on Instagram and Twitter, saying not even holy water could “wash away this disgrace.”
Iran’s judiciary chief Gholamhossein Mohseni Ejei has criticized celebrities over their actions.
“Those who became famous thanks to support from the system have joined the enemy when times were difficult, instead of being with the people,” said Ejei.
“All of them should know that they have to pay back the material and spiritual damage caused to the people and the country,” he added.

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Lebanese parliament fails to elect new head of state

Updated 29 September 2022

Lebanese parliament fails to elect new head of state

  • Michel Aoun’s mandate runs out at the end of October
  • No candidate has emerged as a front-runner among the hopefuls

BEIRUT: The Lebanese parliament failed to elect a new head of state on Thursday to replace President Michel Aoun when his term ends on Oct. 31, and Parliament Speaker Nabih Berri said he would call another session when consensus emerged on a candidate.

The bulk of votes cast by lawmakers at Thursday’s session — 63 — were blank. Christian politician Michel Moawad won the backing of 36 of 122 lawmakers who attended.

Unless consensus emerges on a candidate, the presidency looks set to fall vacant when Aoun’s term ends, at a time of deep financial crisis.

Reserved for a Maronite Christian in Lebanon’s sectarian system, the presidency has fallen vacant several times since the 1975-90 civil war.

Anticipating a presidential vacuum, politicians have stepped up efforts to agree a new cabinet led by the Sunni Muslim Prime Minister Najib Mikati — who is currently serving in a caretaker capacity — to which presidential powers could pass until a president can be agreed.


Rockets hit central Baghdad for second day in escalating unrest

Updated 29 September 2022

Rockets hit central Baghdad for second day in escalating unrest

  • A similar attack on Wednesday wounded seven members of the Iraqi security forces in the Green Zone

BAGHDAD: Four rockets fired from eastern Baghdad on Thursday landed around the Iraqi capital’s Green Zone, home to government buildings and foreign missions, police said, as political unrest intensified.
There were no immediate reports of casualties from the strikes and no claim of responsibility, two police officers said. A number of Shiite Muslim militant groups have offices and supporters in eastern Baghdad.
A similar attack on Wednesday wounded seven members of the Iraqi security forces in the Green Zone, and appeared to add a new dimension to a contest among power-hungry politicians.
Rocket attacks on the Green Zone have been regular in recent years but they are normally directed at Western targets by Iran-backed militia groups.
Those attacks have been rare in recent months. Wednesday’s attack took place as parliament was holding a vote to confirm its speaker.
The political crisis has left Iraq without a government for nearly a year after elections last October.
The crisis broadly pits the powerful populist Shiite cleric Moqtada Al-Sadr, a political, religious and militia leader, against an array of mostly Iran-aligned political and militant groups.
Sadr, the biggest winner of the election, withdrew all his lawmakers from parliament in June and has sworn not to let parliament convene, fearing other parties will form a government without him.
The standoff spiralled into street clashes killing dozens of people in central Baghdad in August. Many Iraqis fear the same could happen again.


Imprisoned Palestinian-French human rights lawyer begins hunger strike

Updated 28 September 2022

Imprisoned Palestinian-French human rights lawyer begins hunger strike

  • Salah Hamouri is protesting against his detention, which is based on evidence he is not allowed to see and has been extended until at least December
  • Israeli authorities transferred Hamouri to a maximum-security prison in July after he wrote a letter to French President Emmanuel Macron asking for help

LONDON: Palestinian-French human rights lawyer Salah Hamouri, who has been imprisoned without charge by Israeli authorities for six months, has gone on hunger strike in protest.

Hamouri was arrested on March 7 at his home in East Jerusalem. No charges have been filed against him but his detention order has been extended until at least early December based on undisclosed evidence, The Guardian reported.

A member of the #JusticeforSalah campaign told the newspaper that negotiations with Israeli authorities on Wednesday for the lawyer’s release were unsuccessful.

Hamouri, along with 29 other detainees in Israeli prisons, reportedly began an indefinite hunger strike on Sunday to protest against administrative detention. This is an Israeli practice, commonly used against Palestinians who are subject to the military justice system rather than civil justice, under which suspects can be detained for renewable six-month terms without charge or any access to the evidence against them, on the grounds that they might break the law in future in released.

Israeli authorities say the practice is necessary to prevent terrorist attacks and protect sensitive intelligence sources. However, human rights campaigners argue that Israeli authorities use it excessively and it violates the right of suspects to due process

Israel is currently holding 743 administrative detainees, the highest number since 2008, according to Israeli human rights group HaMoked.

In July, 37-year-old Hamouri was transferred to a maximum-security prison called Hadarim, where he was placed in a tiny isolation cell. It came after he wrote a letter to French President Emmanuel Macron asking for the help of the French government, according to #JusticeforSalah.

His wife, French national Elsa Lefort, and their two children, who live in France, have been prevented from visiting or even speaking to Hamouri on the telephone since his arrest.

Hamouri has been imprisoned by Israel a number of times, including a seven-year sentence between 2005 and 2011 for his alleged role in an assassination plot against a chief rabbi.

While he maintained his innocence throughout three years of pretrial detention, he eventually accepted a plea bargain to avoid a 14-year jail sentence or deportation to France, which would have probably have resulted in him losing his Israeli-issued right to residency in Jerusalem.

In 2016, Lefort, who was pregnant at the time, was deported after arriving at Tel Aviv’s airport and barred from entering Israel for 10 years.

Hammouri’s Jerusalem residency rights were revoked in October 2021. The reason given was a “breach of allegiance” to the Israeli state, based on undisclosed evidence. This was a legal first, according to the Guardian. The residency case is due to be heard again in February next year.

“Salah has never stopped being vocal about the occupation. He is always speaking at events in France and tours, talking about the conditions of political prisoners and other violations,” a spokesperson for #JusticeforSalah told the Guardian.

“Treating him like this is a way to try and silence him, to break him, and send a message to other human rights defenders.”

In recent years, several Palestinians have gone on long-term hunger strikes to protest against their administrative detention. In most cases, Israel eventually released them after their health deteriorated significantly.

The most recent high-profile Palestinian hunger striker was Khalil Awawdeh, who was at risk of dying and suffered neurological damage as a result of a near-six-month hunger strike. He ended his protest in August after Israel agreed to release him when his current administrative detention order expires.