Legal Defense Team for Sheikh Al-Aseer: We Await Justice in the Case

The legal defense team for Sheikh Ahmad Al-Aseer issued the following statement:

"In light of what is being circulated in the media regarding legal interpretations and applications related to General Amnesty Law No. 70/2026, particularly concerning the penalties of death and life imprisonment, the legal defense team for Sheikh Ahmad Al-Aseer wishes to clarify the following legal position:

First: Sheikh Ahmad Al-Aseer remains detained on remand; he is currently under trial before the Military Court of Cassation, and no judgment has been issued against him in the Abra events case.

The previous death sentence issued against him in 2017 was overturned by a decision from the Military Court of Cassation dated January 23, 2018. Consequently, the death sentence issued by the military court in the Abra file is considered void as if it never existed, and all its effects have lapsed. Therefore, Sheikh Ahmad Al-Aseer is being retried before the Military Court of Cassation in accordance with legal procedures.

It is legally known that overturning a judgment removes its effects within the scope of the reversal and reopens the case before the competent judicial authority. Thus, it is not permissible to treat the penalty contained in the overturned judgment as a final, enforceable punishment.

Accordingly, the debate surrounding subjecting Sheikh Ahmad Al-Aseer to an eight-year or seventeen-year prison term—despite the legislator's explicit clarity on this matter, which leaves no doubt that life imprisonment is defined as seventeen years—must not obscure the fundamental fact that his trial has not yet concluded, and we are awaiting justice in this file.

Second: The presumption of innocence and guarantees of a fair trial must not be bypassed or emptied of their substance.

The defense team insists on the necessity of respecting the presumption of innocence in the case still under consideration and not treating Sheikh Ahmad Al-Aseer as if a final judgment had been issued against him.

This principle is grounded in Article 8 of the Lebanese Constitution, which safeguards personal liberty, and Article 14 of the International Covenant on Civil and Political Rights, to which Lebanon is committed, as well as general principles of fair trial.

The rule is that criminal liability remains subject to final judicial discretion, and detention prior to the conclusion of the case should not transform into a preemptive punishment or a means exceeding the procedural purpose for which it was enacted.

Third: The continuation of detention throughout this period necessitates a serious and urgent review of its legal justifications.

Sheikh Ahmad Al-Aseer has been detained since August 15, 2015, meaning over fifteen and a half years of imprisonment—a disproportionately long duration, especially given the ongoing trial before the Military Court of Cassation.

Article 9 of the International Covenant on Civil and Political Rights enshrines the right to liberty and personal security, affirming that pre-trial detention should not be the general rule and that cases must be resolved within a reasonable time.

Furthermore, exceptions provided in Article 108 of the Code of Criminal Procedure regarding detention periods in certain felonies cannot be interpreted as an open-ended license to keep individuals detained without serious and continuous judicial oversight of the necessity and proportionality of detention.

Fourth: The new General Amnesty Law reinforces the need to reassess the continuation of detention, independently of the issue of the final penalty.

Law No. 70/2026 was enacted to address chronic imbalances in the criminal justice system, particularly delays in issuing judgments and lengthy detention periods.

Article 5 stipulates the automatic release of the defendant while continuing the trial when the detention period exceeds twelve years of imprisonment, for crimes covered by the conditions of this article where no judgment has been issued.

The defense team believes that the overturning of the judgment against Sheikh Ahmad Al-Aseer and the continuation of his retrial necessitate the application of this provision, considering the legal effects of the reversal and the method of calculating the detention period, while verifying the legal status of each judicial file individually.

Regardless of the outcome of this analysis, the request for release remains a standalone legal issue and does not necessarily depend on the issuance of a final judgment or the resolution of the debate regarding the reduced penalty amount.

Fifth: Release does not mean ending the trial nor constitutes interference with the judiciary's work.

The defense team emphasizes that releasing Sheikh Ahmad Al-Aseer, once legal conditions are met and necessary justifications for continued detention cease, does not prevent the Military Court of Cassation from continuing the trial and issuing its judgment according to the law.

Sheikh Ahmad Al-Aseer can appear before the court from his home among his family members, providing legal guarantees deemed appropriate by the court to ensure his attendance at all trial sessions.

Release is not a verdict of acquittal, just as the continuation of the trial does not in itself constitute sufficient justification for depriving someone of liberty.

The defense team also affirms its full respect for the military institution, hoping for full cooperation to reveal the truth as it is, and stresses the importance of upholding judicial independence and separating the requirements of justice from political and sectarian tensions.

In conclusion,

The legal defense team for Sheikh Ahmad Al-Aseer considers that the time has come to address his judicial situation based on constitutional provisions, current laws, and principles of justice, rather than political calculations or media pressures.

The team calls upon the competent judicial authority to urgently decide on the request for the release of Sheikh Ahmad Al-Aseer, in light of the detention period exceeding eleven years effectively and fifteen years of imprisonment, his health condition, the continuation of his trial, new legislation, and possible guarantees to ensure his appearance before the judiciary.

Justice is not achieved merely by keeping the accused behind bars, but by granting a fair trial within a reasonable time, issuing a judgment according to the law, while preserving his freedom and human dignity unless specific legal reasons justify otherwise.

The release of Sheikh Ahmad Al-Aseer, in accordance with proper procedures, while his trial continues before the competent authority, remains a legitimate legal solution deserving serious and immediate consideration."