The Lebanese Centre for Human Rights stresses the importance of the judicial position on the interpretation of article 47 of the Code of Criminal Procedure which should play the protector’s role, rather than being the party who disregards it.
On 7 May 2024, the following was published: “The application of Article 47 cannot be selective, whereby only part of it is applied while the rest is neglected. Although the law allows for the presence of a lawyer during the initial investigation, it also requires that this investigation be recorded in audio and video, allowing the Public Prosecution to be fully informed of all aspects of the investigation. Therefore, how can one of the parties in the case, who is the suspect, be allowed to be represented by a lawyer without enabling the Public Prosecution, as the opposing party in the public interest lawsuit, to attend or at least to be informed of the investigation’s course in the absence of any recording?"
Article 49 of the Code of criminal procedure explicitly stipulates that the Public Prosecutor may conduct the preliminary investigation himself. Moreover, the investigation conducted by the law enforcement officers assisting the prosecution takes place under the supervision of the Public Prosecutor's Office.
The judiciary should not use the lack of cameras to record preliminary investigation hearings as a reason not to apply the Law in its fullness. It is the duty of the relevant authorities to enforce the law, thereby taking the necessary steps to ensure this course, including by providing the necessary tools, such as systems for recording investigative hearings.
The legal text is clear and ensures that counsel is present with the suspect to ensure that his/her rights are respected during the investigation stages, and that justice is done well - contrary to the statements, because in accordance with all international and humanitarian standards "the individual is innocent until proven guilty." The text of this article also ensures a balance between individuals' interests, rights and security. It ensures that the suspect receives decent treatment while maintaining the community's safety.
The legal text emphasizes the clarity of Article No. 47, which guarantees the suspect's rights during investigations. However, there may be a need to clarify and analyze some other laws. In such cases, these functions are assumed by the Legislature and Consulting Authority. This does not intersect with the judges' work.
The Code of Criminal Procedure has been amended to align with internationally recognized rights for all citizens at all stages of investigation and trial, most notably those stipulated in international agreements relating to human rights, which the Lebanese state has ratified. As stated in the justification for Law No. 191 dated 16/10/2020, which aims to enhance basic guarantees and protect the suspect’s rights - especially the right to meet with and have a lawyer present during the interrogation or hearing - "The basic guarantees established for any person suspected of committing a crime punishable under the Penal Code are closely linked to the sacred right of defense. This right cannot be fully exercised except through the practical application of these guarantees." Therefore, the law cannot be applied in part, nor can one choose articles and laws to be applied in accordance with private interests, without any consideration to the law in force.
CLDH underscores the importance of independent investigations and the need to cooperate with juvenile judges as well as the juvenile department of the Ministry of Justice and calls for the unconditional respect and implementation of the law, ensuring the administration of justice and the establishment of a state governed by the rule of law, one that respects its citizens and upholds their rights.
