Legal Complaint about the Abduction and Unlawful Detention of Gabi `Aql Karam

Law Office

Dr. Muhamad Mugraby

Beirut, 3/12/1997

To His Excellency, the Public Prosecutor at the Court of Cassation

Complaint

The plaintiff: 1. Ms. Miryam Yousuf Rouks, widow of 'Aql Elias Karam

2. Ms. Therese 'Aql Karam, wife of Hana Najam

Their attorney, Muhamad Mugraby, in accordance with a special power of attorney, attached .

The defendant: Persons unknown

The accusation: Abduction and unlawful detention

We submit the following:

First: Regarding the factual evidence

1. The plaintiff principal is the mother of Mr. Gabi 'Aql Karam; the second plaintiff is his sister.

2. At approximately 9:30 a.m. on Monday, January 6, 1997, two civilians who introduced themselves as members of military intelligence came to the home of the first plaintiff in Dahr al-Jamal, Sinn al-Fil, Malak Jameela Faqeeh. With them, waiting outside, were two other persons in military dress, carrying unconcealed weapons and in a blue Honda.

3. In the presence of both of the plaintiffs, the two aforementioned men asked Gabi 'Aql Karam to accompany them to their headquarters so that some questions could be put to him, on condition that they would return him the same day. He left with them, after being reassured that they were from military intelligence, and that he had committed no crime.

4. Gabi did not return that day, nor on the two following days. On Friday, the first plaintiff went to ask about him in al-Yarzeh. One of the soldiers said to her, "You can't see him. Bring his clothes for him."

5. On Saturday morning, the first plaintiff went to al-Yarzeh carrying Gabi's clothing. She was told that he was not there, and she was not told where he was.

6. Now, after a wait of more than two months, there has been no information about Gabi's place of detention, nor about the identity of those who abducted him. However, an unknown person contacted the plaintiff by telephone and said that Gabi was detained in 'Anjar.

Secondly: Under the law

1. Inasmuch as the legal facts of the abduction of Gabi 'Aql Karam, son of the first plaintiff and brother of the second plaintiff, are [illegible]. More than two months have passed since his abduction and unlawful detention.

2. Inasmuch as it is understood that no official agency is the one that arrested and detained him. Otherwise he would have been able to contact his family to reassure them and he would have requested the assistance of a lawyer.

3. Inasmuch as a number of crimes other than abduction and unlawful detention are involved. There are persons who [illegible] military intelligence when Gabi was taken from his home.

4. Inasmuch as there are numerous Lebanese and non-Lebanese security forces operating on Lebanese territory, we are prompted to turn to you, in your capacity as the presiding head of the Public Prosecutors and as the primary official entrusted with the liberties and dignities of the people.

5. Inasmuch as it is necessary to assign the central investigative service, attached to your office, to investigate these crimes, it having been established that Mr. Gabi 'Aql Karam has not been detained by any official Lebanese security force.

6. In the case that Mr. Gabi 'Aql Karam is found to have been detained by an official Lebanese or non-Lebanese security force, your immediate intervention will be necessary to secure his release.

7. In any case, it is necessary to prosecute and pursue the perpetrators of the aforementioned crimes and their accomplices, whoever they may be.

Therefore

This complaint through my aforementioned power of attorney takes the form of a personal accusation against unknown parties of the abduction and unlawful detention of Mr. Gabi 'Aql Karam. It requests that an investigation be set in motion leading to information about the identity of the perpetrators and their accomplices, to their pursuit, and to the recovery of the personal freedom of Mr. Gabi 'Aql Karam.

Sincerely yours,

Vested with power of attorney,

[signature]

Muhamad Mugraby, Attorney