Events and Updates
Responding to domestic violence in Lebanon: who does what?
October 2023
A prompt response, reassurance against re-traumatisation and access to justice. These are three of the most important guarantees judicial and security sector actors can offer survivors of domestic violence.
In Lebanon, the criminal justice system faces challenges to respond to domestic violence cases. A lack of clarity on who does what, and prolonged, bureaucratic procedures delay access to justice and discourage reporting among survivors. Now, under the British Policing Support Programme, Siren is examining the domestic violence case handling system in an effort to address weaknesses and align Lebanon’s response to domestic violence with international standards. This includes mapping current domestic violence response practices and reporting mechanisms, along with identifying deficiencies within the judicial system.
A complicated stakeholder landscape
According to Valeria Spagnolo, Senior Project Officer and Legal Researcher at Siren, the Internal Security Forces (ISF) is traditionally on the front line in handling issues relating to abuse, which includes responding to domestic violence. It has a significant responsibility to ensure the survivor is treated with dignity, conducting proper preliminary investigations, implementing a standardised approach to case management and presenting the case accurately to the prosecutor in charge.
The ISF, however, operates under the orders of the public prosecution and cannot make decisions independently when it comes to investigating domestic violence cases. Other stakeholders in the case management ecosystem also introduce their own procedures and approaches, and may not necessarily have the training or capabilities to manage cases in accordance with best practice or in a gender-sensitive manner.
“Always under the supervision of the prosecutor, the ISF in reality conducts preliminary investigations into domestic violence complaints, and there are many stakeholders involved. The judiciary – which includes public prosecutors and judges of summary proceedings – has significant influence over whether a victim is awarded protection, and over the kind of protection received,” Spagnolo said.
She explained that judges may ask the survivor to provide additional proof of physical violence, or may not issue a protective order, despite signs of physical violence. Moral and financial violence are not always recognised, and if a protective order is issued, it can sometimes come months late or be so weak that it does not act as a deterrent for the abuser. If the case is before religious courts, judges of summary proceedings may abstain from looking into a case or offering protection.
“On top if this, there is the financial aspect – logistics, staff, etc. – that may hinder the ISF’s ability to respond, especially given the current crisis. All these factors hinder access to justice for women impacted by domestic violence,” Spagnolo said.
In accordance with the Public Prosecutor circular issued on 9 May 2014, investigations into domestic violence cases are carried out by the ISF Judicial Police’s Judicial Brigades and the Morals Protection and Human Trafficking Repression Bureau. Police stations also receive complaints of domestic violence directly by victims, then refer them to the closest Judicial Brigade or Morals Protection Bureau on a needs basis. Domestic violence victims can also call 1745, a hotline dedicated to domestic violence complaints within the ISF.
Building blocks for responding to domestic violence effectively
Despite the obstacles, Lebanon has made recent improvements to the legislative framework that determines the rights of those affected by domestic violence.
The promulgation of Law 293 on domestic violence in 2014 marked the acknowledgment of domestic violence as a human rights concern, transforming it from a private family affair to a social threat that must be legally addressed. In 2020, economic and financial violence were also recognised as a type of domestic violence. Protective orders now cover children aged 13 years or under (rather than the custody ages set by Lebanon’s religious courts in their personal status laws) and a minor can request one themselves.
The ISF has taken steps to operationalise Law 293. For example, its 2018-2022 Strategic Plan (which is currently being updated) calls for the establishment of a specialised Domestic Violence Department within the General Directorate. It aims to improve capacities to “detect, prevent and protect vulnerable groups from domestic violence, human trafficking, and gender-based crimes.” The creation of this department has, however, been delayed due to insufficient funds.
Next steps
Siren’s research will act as a further step to operationalise the relevant laws, build momentum toward securing access to justice for domestic violence survivors, and uphold Lebanon’s commitment to UN Resolution 1325 on Women, Peace and Security.
Due to the number of stakeholders involved and the complexity of current case management processes, a holistic and participatory approach with strong local leadership will be required to sustainably transform the system.
The broader mainstreaming of gender considerations across security agencies must also be carried out, including training investigators on how to conduct gender sensitive investigations, creating appropriate spaces for the safe and confidential reporting of incidents, and forging strong links with lawyers and civil society groups that may be able to provide legal and psychosocial support to survivors, and information on how to report crimes and what to expect from the investigation process.
Our approach relies on localisation, wide participation, and alliance building. Do drop us a line if you’re interested in collaboration.
