Al-Fakhouri to Freedom After He Prevented It from Many
“The worst part of a detainee’s life is not the physical torture by the interrogator or jailer, since the torture will end eventually, but rather sharing a room, the area of which does not exceed four square meters, with four or five other prisoners for several years… The thirst was also cruel; they used to cut off drinking water for two consecutive days sometimes,” says Hassan Hamoud, an ex-prisoner at Al-Khiam Israeli detention.
On Monday March 16, 2020, the Permanent Military Court in Beirut issued a decision to release the agent Amer Al Fakhouri, known as “Al Khiam’s Butcher”, who had been arrested by the Lebanese authorities last September. The court based its decision on a law that waives the charges against Al Fakhouri due to the passage of time. As a result, Al Fakhouri was transported out of the country by an American helicopter that had taken him from the American Embassy in Awkar. This news caused uproar within the Lebanese interior, and formed a wave of popular disapproval and let down, especially among the released prisoners who suffered from the torture of the butcher of Khiam in detention.
The Judicial Journey
On two parallel tracks, the agent’s file made its way to an end. The first track is judicial, the second and most important political. In the judicial part, an important concern was raised: why did the Government Commissioner at the military court, Peter Germanos, leave the matter to the Permanent Military Court, knowing that the Public Prosecution is usually the strictest in decisions and actions? Which predicts that Germanos did not originally want to overturn the decision. The military court, headed by Brigadier Hussein Abdullah, did not hesitate to accept the formal defenses presented by Al Fakhouri’s lawyers, and then to stop tracking him.
In this context, Mariam Hamdan, Lawyer, affirms that Al Fakhoury’s case has passed through a correct judicial procedure, and the court decision was based on Lebanese Laws. Hamdan clarifies that any Lebanese citizen is able to clean their civil record through a legal process called Reconsideration, — which demands many documents and verifications — and that is what happened in the situation of Al Fakhoury, thing that allowed him to enter the Lebanese territories without being arrested during his arrival to the airport. Hamdan adds: “legally, the Government Commissioner Peter Germanos has the right to leave the affair to the Military Court, but a crucial and dangerous case such as Al Fakhoury’s had to be dealt with more seriously. By leaving the case to the Military Court, Germanos has left the public with many questions on the context of such decision.” Furthermore, Hamdan explains that, usually, if the Lebanese laws contradicts the international ones, the later should be implemented. However, the Military Court has applied the Lebanese Laws while prosecuting Al Fakhoury, arguing that it is a pure Lebanese concern. As a result, the court dropped all charges against the agent, considering that the public right had fallen with the passage of time. Yet, the court, combined, failed to charge of torture, kidnapping, and concealment of the captive Ali Hamza, who is still unaccounted for, thing that does not drop over time.
Painful Memories
Ali (nickname) recalls his memories at Al Khiam detention, where he remained from 1986 till 1991. According to Ali, Al Fakhoury was the Military Official (1984–1998); he was responsible of the safety and logistics of the detention. But although he had no role in the investigation process, Al Fakhoury did investigate with several prisoners, and tortured many, as Ali claims. “One night, Al Fakhoury dragged me out of my cell, he tortured me using electric wires and cold water, and told me that he is going to kill me the next day,” says Ali.
On a similar note, Hassan Hamoud, also and Ex-prisoner, recounts some memories of his 12 years imprisonment at the Israeli detention (1986–1998). Hamoud testifies that an uprising took place inside the detention in 1989 due to maltreatment. “We — prisoners — started a hunger strike, then things escalated to yelling and hitting the doors of our cells. Al Fakhoury showed up and called us to calm down, but we did not listen to him. He then ordered his soldiers to throw tear gas inside the prison cells,” as Hamoud describes it. According to Hamoud, two prisoners died from suffocation that day, and they are Bilal Salman and Ibrahim Abo Jaafar.
Both Ali and Hamoud denounced the release of Al Fakhoury and insist that bugs should be fixed in the Lebanese Constitution. The two Ex-prisoners refuse that the charges against Al Fakhoury can be dropped due to the passage of time, and Hamoud comments: “If Al Fakhoury can give me back the 12 years I spent in detention, then the passage of time can drop the charges against him.” Finally, when asked about the correct punishment that Al Fakhoury should have, both released prisoners insist that he should be executed.
Working for the Enemy
Jaber Ayoub, an old man from Aytaroun, south Lebanon, narrates his story with the Israelis. Ayoub affirms that he used to work for the Israeli forces, occupying the South, in the 1980s. However, he claims that he was obliged to do so; “It was either me or my son who had to work for the enemy, and I decided to be the one who does.” Furthermore, Ayoub explains that whoever worked for the occupying forces benefited from some “Luxuries” that are today normal happenings. For instance, when working for the Israelis, they will guarantee an easy pass from the South region to the rest of Lebanon, and vice versa, in addition, they will provide healthcare, thing that was really rare in that epoque. Nonetheless, Ayoub insists that Al Fakhoury’s case is totally different than his. “I was forced to work for the enemy to protect my family; I was nothing more than a maintenance employee, whereas Al Fakhoury held an important position, tortured dozens of Lebanese people with his own will, and was responsible for the death of many,” as Ayoub states.
The release of Al Fakhoury has raised many political, judicial, and ethical concerns, and has increased the gap of trust between the Lebanese citizens and their government. Perhaps the most common question will remain: does an act of killing, torture and treason drops with the passage of time?
