Politics

What's behind Lebanon's Syrian prisoner extradition scheme?

Analysts have accused the Lebanese government of exploiting the issue of Syrian prisoners to secure additional funding from the international community

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Analysts have accused the Lebanese government of exploiting the issue of Syrian prisoners to secure additional funding from the international community

What's behind Lebanon's Syrian prisoner extradition scheme?

Haid Haid

last update on 12 May 2024

The Syrian regime's consistent refusal to facilitate the return of Syrian refugees has driven Lebanese authorities to intensify their deportation efforts. To maintain momentum and rally local support, the Lebanese government recently unveiled a plan to extradite Syrian prisoners from its jails back to Syria.

While the strategy relies on established legal frameworks and bilateral agreements with Syria to facilitate the repatriation of detainees, concerns arise due to the regime's history of violations, which puts the lives of those returned at risk.

As a result, this move has sparked widespread apprehension among Syrian refugees and within the prison population itself. Even before the plan's announcement, four inmates had threatened self-harm in March, expressing their preference for death over being handed over to the Syrian regime.

Moreover, the relatively small number of Syrian prisoners eligible for extradition pales in comparison to the country's refugee population. Consequently, there is a growing chorus of voices questioning the legality, risks, and true motivations behind the plan.

Lebanon's extradition push

On 5 March, the Lebanese Ministry of Interior launched a "roadmap" to reevaluate the legal status of Syrian refugees and establish mechanisms to facilitate their return. Building on this initiative and capitalising on the increasing anti-Syrian refugee sentiment in the country, caretaker Prime Minister Najib Mikati convened a meeting on 23 April with various ministers, security officials, and judicial authorities to tackle the issue of Syrian prisoners and convicts.

Not surprisingly, the meeting concluded that the resolution to the problem of Syrian detainees lies in their extradition to Syria. Accordingly, General Elias Basbous, the Director General of General Security, was entrusted with contacting Syrian authorities to facilitate this process. To reinforce this mandate, Mikati reached out to his Syrian counterpart, Hussein Arnous, after the meeting to apprise him of Basbous's assignment.

The extradition plan hinges on two primary legal frameworks. Firstly, it relies on provisions within Lebanese penal law, allowing for the expulsion of foreigners convicted of criminal offences from Lebanese territory. Secondly, it draws upon the bilateral judicial agreement signed between Syria and Lebanon in 1951, which includes provisions for extradition between the two countries.

Extradition regulations

However, despite these regulations, extradition is not automatic. These legal frameworks specify conditions for extradition, guiding their implementation to prevent misuse. For example, the bilateral judicial agreement requires a request from the state seeking prisoners' return, meaning Syria initiates it, not Lebanon.

Four inmates had threatened self-harm in March, expressing their preference for death over being handed over to the Syrian regime.

Also, extradition can only proceed if the offence is punishable in both states and carries a minimum one-year imprisonment sentence. Likewise, Lebanese penal law rejects extradition requests if repatriation is politically motivated, like cases involving political opponents or army defectors. Besides, Lebanon has international legal obligations regarding detained individuals resisting extradition to Syria due to persecution risks.

The International Convention against Torture, Universal Declaration of Human Rights, and International Convention for the Protection of All Persons from Enforced Disappearance mandate Lebanon to protect the rights of those claiming exposure to such crimes. Any such claims should be brought before the Lebanese judiciary to evaluate and assess their validity.

Legal challenges

These conditions pose several legal challenges for Lebanon when it comes to extraditing Syrian prisoners without violating international law. Human rights advocates have pointed out that in cases where prisoners claim they fear human rights violations upon return to Syria, the Lebanese judiciary cannot solely rely on assessments conducted by Lebanese officials who visit Damascus.

Instead, they argue that reports from UN agencies and human rights organisations should be the reference point. These reports consistently highlight the ongoing violations perpetrated by the Syrian regime against its citizens— particularly those held in detention facilities.

Assessing such claims individually to determine the risks they face is both costly and time-consuming. Moreover, judges would encounter significant challenges in ensuring the safety of extradited prisoners, given the regime's extensive history of human rights violations. Therefore, any effort to deport individuals who raise such concerns risks violating international laws and treaties to which Lebanon is a party.

Another hurdle is convincing the Syrian regime to request the extradition of prisoners. Without financial incentives, it's doubtful that Damascus will agree, as this is the only motivation that could sway al-Assad.

However, Lebanon's financial limitations prevent it from offering such rewards, and other parties are unwilling to do so due to concerns about potential human rights violations and existing sanctions against al-Assad.

Syrian children play between tents at a refugee camp in Saadnayel in eastern Lebanon's Bekaa Valley on June 13, 2023.

Consequently, it's improbable that the regime, which has already been reluctant to assist in the return of refugees from Lebanon, will consent to receive hundreds of prisoners. This would only compound the challenges faced by its overcrowded and underfunded prisons.

Real motives

Given the relatively low number of Syrian prisoners, particularly those eligible for legal extradition to Syria, doubts arise regarding the true intent behind this challenging proposal. While the Ministry of Interior reports approximately 2,500 Syrian detainees, human rights advocates estimate the number to be between 1700-1800 prisoners. However, less than 20% of these detainees actually serve sentences.

This detail is crucial because Lebanese law stipulates that only sentenced individuals can be extradited. Consequently, the pool of Syrian prisoners eligible for extradition appears to be limited to 200-300 individuals even before meeting all extradition criteria. It's challenging to envision how such a small number would alleviate the overcrowding in Lebanese prisons, a key rationale cited for the plan.

Against this backdrop, analysts have accused the Lebanese government of exploiting the issue of Syrian prisoners to secure additional funding from the international community. Their suspicions arise from the announcement's timing, which coincided with the largest annual donor conference for Syria and its neighbouring countries held in Brussels.

Furthermore, the announcement aligned with consultations between Lebanon and EU officials concerning the influx of refugees into Europe through Lebanon. These discussions led to the EU offering Lebanon a financial package worth $1.07bn to bolster its struggling economy and support its security forces.

Judges would encounter significant challenges in ensuring the safety of extradited prisoners, given the Syrian regime's extensive history of human rights violations.

Other observers interpreted the announcement as a tactic by the Lebanese government to divert attention from its shortcomings. By presenting a facade of progress on the issue of Syrian refugee returns, the government aims to unite Lebanese political factions behind a common cause.

Exploiting extradition

Human rights defenders have voiced concerns over the possibility of the Lebanese government exploiting the extradition process to deport Syrians in larger numbers. A report by Human Rights Watch, published on April 25th, sheds light on how Lebanese authorities have arbitrarily detained, tortured, and forcibly returned Syrians to their country in recent months. This includes opposition activists and army defectors.

More concerning, the timing of this extradition proposal coincided with a security crackdown on refugee camps and increased arrests of Syrians lacking valid residence permits. With obtaining or maintaining legal status in Lebanon becoming increasingly challenging, many fear that Syrian refugees without proper documentation will face more arrests and deportations under the guise of extradition, irrespective of legal and human rights violations.

The challenges posed by the large number of Syrian refugees in Lebanon are undeniable, particularly amidst the country's ongoing financial crisis. However, Lebanon's challenges do not exempt it from its legal obligations, nor should they justify endangering the lives of Syrians by forcibly returning them.

While urgent support from the international community is crucial to alleviate Lebanon's burden and expand resettlement efforts, donor nations must ensure their aid doesn't enable human rights violations by Lebanon's security and military forces.

Only with a steadfast commitment to principled solutions can we protect the rights and dignity of Syrian refugees while addressing Lebanon's challenges, which should not be overlooked.

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