Judge: Lebanon can’t intervene in suit and can’t be sued

Judge: Lebanon can’t intervene in suit and can’t be sued
Three of Amer Fakhoury’s four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, New Hampshire. (AP/File)
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Updated 16 August 2022

Judge: Lebanon can’t intervene in suit and can’t be sued

Judge: Lebanon can’t intervene in suit and can’t be sued
  • The family had sought to expand the lawsuit to also target Lebanon
  • The Fakhourys’ lawyer, Robert Tolchin, had asked for permission to formally sue Lebanon

CONCORD, New Hampshire: A judge on Monday denied a family’s attempt to sue Lebanon on allegations that the country’s security agency kidnapped and tortured their family member before he died in the US, and that the agency could not intervene in the case.
Amer Fakhoury, a Lebanese American man, died in the US in August 2020 at age 57 from stage 4 lymphoma. His family’s lawsuit, filed in Washington last year against Iran, says he developed the illness and other serious medical issues while imprisoned during a visit to Lebanon over decades-old murder and torture charges that he denied.
The family had sought to expand the lawsuit to also target Lebanon.
Fakhoury’s detention in 2019 and release in 2020 marked another strain in relations between the United States and Lebanon, which finds itself beset by one of the world’s worst economic disasters and squeezed by tensions between Washington and Iran.
Lawyers representing Lebanon’s security agency, the General Directorate of General Security, had first asked to intervene in the Fakhoury family’s wrongful death lawsuit against Iran to have the allegations against Lebanon stricken. That request also was denied by US District Judge John Bates in his order Monday.
The Lebanese security agency had claimed the lawsuit falsely accuses it and its director of “serious crimes of kidnapping, torture and killing at the direction or aid of alleged terrorist organizations.”
In turn, the Fakhourys’ lawyer, Robert Tolchin, had asked for permission to formally sue Lebanon.
The family’s lawsuit initially argued it was possible to sue Iran under an exception to the Foreign Sovereign Immunities Act, as it has been designated as a “state sponsor of terrorism” since 1984. The suit also described Hezbollah, now both a dominant political and militant force in Lebanon, as an “instrument” of Iran.
Tolchin had said the Fakhourys interpreted the Lebanon security agency’s request to intervene as a wavier of sovereign immunity. An attorney for the agency denied that, and the judge agreed.
Bates wrote that there is “insufficient evidence for the court to conclude” that the agency intended to waive its sovereign immunity.
Bates also wrote that the allegations about Fakhoury’s detention in Lebanon that the security agency wishes to strike “are central to this lawsuit.”
Messages seeking comment were sent to the lawyers.
Iran has yet to respond to the lawsuit. It has ignored others filed against it in American courts in the wake of the 1979 Islamic Revolution and US Embassy hostage crisis.
Fakhoury’s imprisonment in Lebanon took place in September 2019, not long after he became an American citizen. Fakhoury, a restaurateur in New Hampshire, visited his home country on vacation for the first time in nearly 20 years. A week after he arrived, he was jailed and his passport was seized, his family has said.
The day before he was taken into custody, a newspaper close to the Iranian-backed Shiite group Hezbollah published a story accusing him of playing a role in the torture and killing of inmates at a prison run by an Israeli-backed Lebanese militia during Israel’s occupation of Lebanon two decades ago. Fakhoury was a member of the South Lebanon Army.
The article dubbed him the “butcher” of the Khiam Detention Center, which was notorious for human rights abuses. Fakhoury’s family said he had worked at the prison as a member of the militia, but that he was a clerk who had little contact with inmates. When Israel withdrew from Lebanon in 2000, Fakhoury left the country like many other militia members who feared reprisals. He arrived in the US in 2001.
As early as 2018, Fakhoury had sought assurances from the US State Department and the Lebanese government that he could visit Lebanon freely. His family said he was told there were no accusations against him in Lebanon or no legal matters that might interfere with his return.
Upon his return to Lebanon, Fakhoury was held for five months before he was formally charged, his family said. By then, he had dropped more than 60 pounds, was suffering from lymphoma, and had rib fractures, among other serious health problems, they said.
Eventually, the Lebanese Supreme Court dropped the charges against Fakhoury. He was returned to the United States on March 19, 2020, on a US Marine Corps Osprey aircraft. He died five months later.


Hayashi meets Egyptian foreign affairs minister

Hayashi meets Egyptian foreign affairs minister
Updated 8 sec ago

Hayashi meets Egyptian foreign affairs minister

Hayashi meets Egyptian foreign affairs minister

DUBAI: HAYASHI Yoshimasa, minister of foreign affairs of Japan, and Sameh Shoukry, minister of foreign affairs of Egypt, held a foreign ministers meeting discussing efforts to tackle climate change, methods of controlling the international food crisis, and further enhancing the bilateral relations between both countries on Sept. 22.

The COP27, a conference discussing the current climate situation, will be taking place in Egypt and HAYASHI expressed his hope to collaborate with the government of Egypt to extend efforts to hinder climate change. 

The Japanese minister argued that the root of the existing global food crisis stems from the Russian aggression against Ukraine.

Both ministers agreed that cooperation between Japan and Egypt is mandatory to stop the current international food crisis as well as sustaining and enhancing the nuclear non-proliferation treaty.

Minister Shoukry extended his condolences on the passing of the former prime minister and in return HAYASHI expressed his appreciation to the Egyptian president for sending a presidential envoy to attend the state funeral.

The two ministers shared a mutual agreement that both nations are vital partners for each other and encouraged further enhancement of the bilateral relationship. 

Originally published in Arab News Japan


Mahsa Amini faced torture, abuse before police custody death: Cousin

Mahsa Amini faced torture, abuse before police custody death: Cousin
Updated 20 min 10 sec ago

Mahsa Amini faced torture, abuse before police custody death: Cousin

Mahsa Amini faced torture, abuse before police custody death: Cousin
  • ‘By the time she reached hospital she was already dead from a medical point of view’

LONDON: Mahsa Amini, the 22-year-old woman whose death in police custody has sparked nationwide protests in Iran, faced torture and psychological abuse before dying, her cousin told Sky News in an exclusive interview.
Erfan Mortezaei, a political activist and Kurdish fighter based in Iraq, told Sky News that Amini had become the “voice of the anger of the Iranian people,” urging the international community to respond appropriately to the regime in Tehran.
In the lead-up to her death on Sept. 16, Amini had been shopping in Tehran with family. Mortezaei said a confrontation occurred with local morality police: “When they saw Mahsa and others they decided her hijab was not correct. Ashkan (Amini’s brother) tried to explain to them they were not in their home city, and were strangers in Tehran, so asked to please take that into consideration and pleaded not to be taken away.
“In the struggle the police officers pepper-sprayed Ashkan in the face and forced Mahsa into the van and took her to the morality police station.” He added: “During the journey to the police station she was tortured and insulted.”
Mortezaei said the physical toll of the torture inflicted during the journey caused Amini to lose her vision and pass out, with an ambulance taking 90 minutes to transport her to a local hospital.
“There is a report from Kasra hospital that says effectively by the time she reached the hospital she was already dead from a medical point of view. She suffered a concussion from a blow to the head,” he added.
Mortezaei said his family had been pressured by regime officials to appear on state TV to deny their claims of torture and abuse. 
But steps by the regime to curtail public anger failed, with “Mahsa’s death becoming a spark for this protest movement across Iran and Kurdistan.”
President Ebrahim Raisi said Iran must “deal decisively with those who oppose the country’s security and tranquility.”
The country’s police chief Hossein Ashtari also sent out a public message warning against demonstrations.


Egyptian controversial cleric revered by Muslim Brotherhood dies at 96

Egyptian controversial cleric revered by Muslim Brotherhood dies at 96
Updated 28 min 39 sec ago

Egyptian controversial cleric revered by Muslim Brotherhood dies at 96

Egyptian controversial cleric revered by Muslim Brotherhood dies at 96

DUBAI: Youssef al-Qaradawi, an Egyptian controversial cleric who was seen as the spiritual leader of the Muslim Brotherhood group, has died at the age of 96, his official website said Monday. 

He died in Qatar, where he had been living in exile since 2013. Al-Qaradawi had been tried and sentenced to death in absentia in Egypt. 


Germany summons Iranian ambassador for talks on protests

Germany summons Iranian ambassador for talks on protests
Updated 27 min 6 sec ago

Germany summons Iranian ambassador for talks on protests

Germany summons Iranian ambassador for talks on protests

BERLIN: Germany summoned the Iranian ambassador in Berlin on Monday over a crackdown on nationwide protests that were sparked by the death of a woman in custody, a German foreign ministry spokesperson said.
Asked about the possibility of further sanctions on Tehran in response to the unrest, the spokesperson said “we will consider all options” with other European Union states.
Last week, the United States imposed sanctions on Iran’s morality police over allegations of abuse of Iranian women, saying it held the unit responsible for the death of the 22-year-old in custody.


Japan, Jordan foreign ministers discuss Middle East peace

Japan, Jordan foreign ministers discuss Middle East peace
Updated 26 September 2022

Japan, Jordan foreign ministers discuss Middle East peace

Japan, Jordan foreign ministers discuss Middle East peace

DUBAI: Japan’s Foreign Minister HAYASHI Yoshimasa met with Jordan’s Deputy Prime Minister and Minister of Foreign Affairs and Expatriates Ayman Safadi on Sept. 22.

The two officials met in New York during the United Nations General Assembly and discussed the development of the relationship between Jordan and Japan.

Minister Hayashi expressed his gratitude for King Abdullah II’s visit to Japan to attend the state funeral for former Prime Minister ABE on Sept. 27.

The two also exchanged views on Israel and Palestine, reaffirming their commitment to achieving peace in the region based on a “two-state solution.”

Hayashi said that Jordan’s role in hosting a large number of refugees is important for the stability of the region, and also explained Japan’s support this year through UNRWA (United Nations Relief and Works Agency for Palestine Refugees) in light of the global food and fuel price hikes that are making life more difficult for the refugees.

In response, minister Safadi appreciated Japan’s position and contribution regarding the Middle East Peace.

The ministers reviewed the Japan-Egypt-Jordan trilateral consultations on the Middle East, the second DG-level meeting of which was held this month, andwelcomed their efforts are coming to fruition and concurred to further promote cooperation among the three parties.

The ministers agreed to hold the third Strategic Dialogue between the foreign ministers in the near future to further strengthen bilateral relations and regional stability, and confirmed that they will continue to work closely together.

Originally published in Arab News Japan