Dr. Geagea: A Prisoner Of
Conscience
"Jailers handcuff him and blindfold
him whenever he is taken out of his cell and in seven days a week he
is allowed to talk to his relatives, lawyers and priests for no more
than 60 minutes... He is often shaken out of sleep to be randomly
frisked in a degrading manner." Samir Geageaęs attorneys complained
to Patriarch Nasrallah Butros Sfeir in July 2001. They added,
"Geagea suffers devastating torture in lightless, airless dungeon.
He is subjected to ruthless, systematic, deliberate and devastating
psychological torture in a narrow, airless and lightless underground
dungeon" at the Lebanese Defense Ministry in Yarze.
Dr.
Samir Geagea has been in solitary confinement for over 8 years. His
trials fell below International Standards for Fair trials and were
characterized by coerced testimonies and flagrant discrepancies
during the course of his 5 political trials. He is held in a cell
measuring about 8 feet in length and 7 feet in width located three
stories under ground in the Lebanese Ministry of Defense jail. The
cell is poorly ventilated and deprived of sunlight as well as any
other light due to the fact that its door is always closed. The
guards use the small window in the door to periodically check on
him. He sleeps on a humble, flat bed and has no space to store the
numerous spiritual, philosophical and scientific books that he
reads. For over eight years, Dr. Geagea has been denied access to
political publications and media. Even when the government recently
approved his lawyersę request to receive the Economist Magazine,
pages with political content were removed prior to its delivery to
his cell. When he asks the guards for any of his needs, he is never
answered even when obliged. He is not allowed to engage in any
conversation with his guards, in reality nobody is allowed to talk
to him except his parents and his lawyers.
Dr. Geagea
suffered several health set backs especially from humidity and was
hospitalized. He is denied any connection with the outside world
except short visits by his wife, parents and lawyers. Those visits
are usually monitored and censored and do not extend beyond twenty
minutes. Jail officials did not abide by court orders and shortened
his visits with his wife and parents to a quarter of an hour instead
of a half-hour on Tuesdays and to twenty minutes instead of an hour
on Thursdays. He has continuously complained to prison officials to
respect the time he spends with his family and his lawyers but his
complaints fell on deaf ears. These visits are his umbilical cord to
the outside world, without them he explains: "I would be like living
in a different galaxy. My captors want me to forget my name but I
will not allow that to happen". When led out of his cell, he is
blindfolded and his hands are shackled and sometimes led into
hitting sharp objects or pushed down the stairs. Dr. Geagea rarely
complains to his family or lawyers because he does not want them to
worry about him. Furthermore, he is not allowed to converse with
anyone except during his brief visits and some of his lawyers
noticed that he sometimes has difficulty with his speech and the
movement of his jaw.
He is prohibited from discussing any
political issues with his family or lawyers and he is often not
allowed to converse with his wife with a language other than Arabic.
When his lawyers drafted a proposed amnesty law, prison officials
refused to allow him to discuss or review the proposal before
submission.
Lebanese Authorities claim that his solitary
imprisonment is for his own protection while no attempts were made
to improve his cell conditions. He has lost a lot of weight and his
family expressed a lot of concern about his health.
Since the
year 2000, Dr. Geagea has not been on trial for any cases, however,
threats and insinuations are often made that more charges will be
filed against him and against the Lebanese Forces in the event that
either raised any objections or exercised any pressure for his
release.
Maronite Patriarch Nasrallah Sfeir said on the
eighth anniversary of Geageaęs incarceration: "The detention
conditions imposed on Samir Geagea had denied him the right to
think... Human rights dictate that prisoners should be allowed to
feel alive and should not be forbidden to think, to read and to
follow up on what is happening in their own country... Former South
African president Nelson Mandela was able to complete a doctorate in
law while in prison and reach a high position in his
country."
When the issue of prison reforms was suggested and
after a Human Rights delegation visited prisons in Lebanon and found
them to be inhuman, the government formed a committee to look into
prison conditions. The committee visited all prisons around the
country but was denied a visit to the Ministry of Defense jail where
Dr. Geagea is held. His lawyersę pleas to better his conditions fell
on deaf ears and when attempts by Human Rights organizations were
made to visit Dr. Geagea or to discuss his issues, the Lebanese
Government showed no signs of cooperation and instead responded by
accusing Christian Lebanese in the Diaspora of defaming the Lebanese
Government and of Jeopardizing national unity.
Dr. Geagea
fits perfectly the definition of a political prisoner.
He
became the leader of the Lebanese Forces in 1986. When the war ended
in 1990 and with the signing of the Taef agreement, sponsored by the
Arab League, Dr. Geagea dismantled his military machine and
transformed the Lebanese Forces into a political party in 1991.
Between 1990 and 1992, he was offered twice a ministerial position,
which he refused. Instead, Dr. Geagea demanded the complete
implementation of the Taef agreement, which stipulated a
redeployment of Syrian troops to the Bekaa Valley within two years
as a prelude to a complete withdrawal from the Lebanese territories.
When it became evident that there were no serious efforts to
implement the redeployment, Dr. Geagea boycotted the parliamentary
elections of 1992 in protest. In retaliation, the government
initiated a crackdown on the supporters of the Lebanese Forces and
began a campaign of systematic arrests and harassment. Between 1992
and 1994, Dr. Geagea remained in opposition to the government and
increased his demands for Lebanonęs sovereignty and independence and
voiced his objections to the unbalanced agreements signed between
Lebanon and Syria against the interests of the first and in favor of
the latter. In 1994, a bomb detonated in Our Lady of Deliverance
Church in Zouk Mikhail resulting in many deaths and injuries. The
Lebanese government immediately arrested Dr. Geagea and hundreds of
the Lebanese Forces members and supporters and disbanded the party.
Despite the coerced testimonies and the jailing and torturing of
many Lebanese Forces members (documented by Amnesty International
and the State Department), the court was unable to find Dr. Geagea
guilty. The government refused to release him and instead accused
him of war crimes despite the general amnesty provided by the Taef
agreement. Interestingly, no further investigation was conducted
into the church blast and the identity of the real perpetrators.
Nonetheless, Dr. Geagea's trials continued.
In November 5,
2001, Former President Amin Gemayel charged that the 1994 Zouk
Mikhail explosion was a "set-up," and that a security official has
warned MPs that such an act could be seen again at any
moment.
Dr. Geagea was charged with five crimes and received
four death sentences commuted to life with hard labor. In his trial,
Dr. Geagea accused investigators of torturing to "near death" some
of his suspected accomplices, which led them to sign false
confessions implicating him. These statements were later denied in
court. "My only crime was that I believed the country was ruled by
the law and this is why I am here," said Dr. Geagea.
Key
witnesses who testified against Dr. Geagea later recanted their
testimonies claiming they were tortured and coerced into testifying
and that they were made to sign declarations that they have not
read, nonetheless, cases were not allowed to be reviewed claiming
that the sentences were not subject to appeal. Furthermore, a book
was published accusing late Minister Elie Hobeika of killing Dany
Chamoun, leader of the National Liberal Party, one of the
assassinations Dr. Geagea is accused of. Despite the fact that the
author, who was Mr. Hobeikaęs bodyguard, revealed that his chief has
ordered the assassination of Mr. Chamoun and that he, himself, was
asked to conduct surveillance and provide the times when the
deceased is at home, the government responded by banning the book
and filing charges against the author instead of reopening the
case.
Mr. Stephen J. Stanton, an Australian barrister and now
president of CedarWatch volunteered to defend Dr. Geagea and wrote
several legal papers detailing the unfairness of the trials.
Consequently, Mr. Stanton was ousted from the country and later was
denied visa despite the fact that he is of Lebanese descent.
When asked by his lawyers in December 2000 if he would have
done anything different had he had the chance to go back in time,
Dr. Geagea said: "The decisions were limited back then. I had to
choose one of three, the first was to leave the country, a decision
I do not believe in, because, in my opinion, whoever exits from
geography exits from history. The second was to resist militarily
but by that time, I had a confirmed belief that it was time for
Lebanon to emerge from the war and from bloodshed and to begin the
road for recovery. The third choice was to walk the path of others
who signed against their consciences and complied with the status
quo. This was something I could not accept and so I took the known
choice. If I were to turn back time and under the same
circumstances, I would take the same decision in order to keep the
hope for the future."
Dr. Geagea charged that he is kidnapped
and not legally imprisoned because, he says, prisoners have rights
that are not afforded to him. "A prisoner has the right to discuss
the evidence and legal matters with his lawyers, I canęt. A prisoner
can send and receive mail, I canęt. A prisoner cannot be totally
isolated from society while I am totally isolated from my
country."
Over the course of years, various politicians
including parliament members repeatedly requested Amnesty for Dr.
Geagea but the government ignored the requests and for over eight
years conducted crackdowns on members and supporters of the Lebanese
Forces. His lawyers, however, kept his case alive and relentlessly
brought attention to his conditions. The following are some
excerpts:
1] Mr. Edmond Rizk read the following statement at
a press conference in November 18, 1996:
"Dr. Geagea's
situation under such circumstances is a violation of the Lebanese
Constitution... Dr. Geagea has been suffering physical and moral
punishment, which the law does not state nor did the appropriate
authorities impose... His current situation contravenes all
principles of punishment and the respects of criminal law and the
ethical treatment of prisoners in addition to their recognized
rights especially to be treated with dignity and fairness...
Prisoners should not be humiliated by measures, which dehumanize
them or harm irreparably their feelings and emotions... It should be
noted that there is no civilized country in the world that would
keep a prisoner in solitary confinement for more than 15 days or for
45 days in extreme cases... Solitary confinement should not be
imposed even if for one day without judicial justification and a
pursuant to a sentence imposed by a judicial officer. The
confinement should be subject to monitoring by the appropriate
authorities...
We are shocked that the desire to retaliate
against Dr. Geagea and break the spirit of those who sympathize or
are related to him through creed or stance or blood would reach the
stage of completing the process of a gradual killing, a process
which Dr. Geagea has been enduring with the patience of the
faithful... Dr. Geagea has enough courage to refuse twice the lure
of ministerial positions... He rejected both offers for reasons
based on his principles and his evaluation of the national
interest... Dr. Geagea had the rare courage to still have confidence
in the judiciary and to trust the military honor in an era where
nepotism and cronyism are the norms... Dr. Geagea will remain
steadfast in this faith despite his trauma, sadness and the depth of
his wounds... In turn we, his lawyers, his family and his friends
will be waiting for every official to act according to his
conscience..."
2] Geageaęs Lawyers issued a statement on the
seventh anniversary of his incarceration, April 21, 2001 accusing
the authorities of keeping Geagea "in a cell which is 6 square
meters in size, located three floors underground and getting neither
fresh air nor direct sunlight."
The statement claimed Geagea
is regularly searched, and that he is banned from both mixing with
others and talking to his jailers. It also said he is not permitted
any newspapers, magazines or political books.
The statement
said prison authorities regularly keep Geagea "blindfolded and
handcuffed" when transferring him within the jail. Moreover, it also
noted "countless problems" encountered by his defense team when
trying to visit him. Attorneys have allegedly complained about both
the length of visits and the conditions under which they are
permitted to speak to him.
3] French lawyer Wallerand De
Saint-Just documented Geageaęs trial in a book published in 1997 and
titled "Defending Samir Geagea-Political trials at the Judicial
Council in Lebanon 1995-1996". Mr. De Saint-Just was commissioned to
Geageaęs defense.
De Saint-Just starts his book by talking
about his surprise in regard to the French Media blackout of what
had happened and has been happening in Lebanon prior to the bombing
of El Zouk Church, in the aftermath and later. The answer came
through a small news item published in the Newspaper "La Lettre De
Magazine" on 2 December 1994. The item says: "The Syrian Security
Departments have notified the French Foreign Affairs Department that
"Syria would not tolerate any French Intervention in the trial of
Samir Geagea, the former commander of the (Christian) Lebanese
Forces, who is accused of organizing the assault on El Zouk Church.
The Syrians also threatened to disclose the role of French
Intelligence Agencies in Lebanon."
He then narrates the
events surrounding his arrival in Lebanon and meeting with Mrs.
Sethrida Geagea and Samir Geageaęs defense lawyers. He also tells
how he received the request to defend Geagea. Says De Saint-Just: "I
did not hesitate for one moment" I took it as a great honor to be
asked because being a lawyer allows the person to use his profession
for the service of his principles... For Samir Geagea to ask me to
defend him was for an exceptional grace...
The Rights of
Defendants, Rights of Human Being, Rights of Defense... I could have
written a special chapter for each of these matters... If we were
able to appeal the verdict of the Court in Lebanon, I would have
without doubt succeeded in quashing it... Even the Judicial Council
should have had refused to proceed with the trial on the basis of
how it was conducted... The violations were numerous and grave to a
degree where the investigation should have been completely
negated... In simple terms the trial remains the Lebanese
Institutionsę everlasting disgrace".
The heroism of Samir
Geagea in facing his long and terrible plight in a prison devoid of
sunlight confirms to us that the people insist on survival as Geagea
is doing and because of him.
4] Mr. Stephen J. Stanton, an
Australian barrister and now president of CedarWatch wrote in April
2, 2000 a paper titled: "Shine like lights I the world." The
following are some excerpts:
"The pivotal position of
resistance in this systematic campaign of aggression has been Dr
Samir Geagea as leader of the Lebanese Forces. His incarceration and
conviction on no less than six capital offences has been the telling
point in this travesty of human misery and suffering, of which he is
critically representative of the Lebanese race. The Syrian-backed
hegemony that is representative of the current Lebanese regime and
its predecessors, who purportedly boast that they are "the
representatives of the people" is nothing more than a spectacle in
political panoply."
"It is to Dr Geagea's credit that his
perceived moral principles of conduct did not fail him nor desert
him and despite the intense pressure he and his fellow Christians
were being subjected to, he held his ground and withstood the
temptation to enter into the regime, thereby ensuring for his own
peace of mind, the sovereignty and independence of his nation and
the freedom of his people. Very soon after Dr Geagea was requested
to leave the country and go into voluntary exile, there was a
bombing of a Maronite church, north of Beirut. Dr Geagea was
arrested and charged with that bombing. Despite being acquitted of
the bombing, the trial was notorious for the maverick-like manner in
which he was tried and convicted of being complicit in the crime to
the extent that former members of his Lebanese Forces were
responsible and he was vicariously saddled with that
crime."
"His trials have been marked by gross breaches of the
rule of law, both as to the rule against bias and natural justice
which are hallmarks, or one would have thought were hallmarks, of
the Lebanese judicial system."
Dr. Geagea is a prisoner of
conscience who stood tall in the face of his oppressors and refused
to let them break his spirit despite the extreme measures they took
against him. His crime is his loyalty to Lebanon. He kept his faith
and held on to his dream of an independent and sovereign Lebanon. He
refused to compromise his principles and rejected the allegations
leveled against him. When offered to leave, he stood his grounds.
When attempts were made to bribe him with official positions, he
turned down the offers. When arrested, he believed that the judicial
system would uphold the constitution and that his rights would be
protected. Dr. Geagea awaits the day his ordeal ends and the day he
is able embrace the sunlight again.
Lebanese Forces.