US Judge: Lebanon Can’t Intervene in Fakhoury’s Suit, Can’t Be Sued

FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
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US Judge: Lebanon Can’t Intervene in Fakhoury’s Suit, Can’t Be Sued

FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)
FILE - Three of Amer Fakhoury's four daughters, from left, Guila, Macy and Zoya Fakhoury, gather Nov. 5, 2019, in Salem, N.H. Amer Fakhoury was a Lebanese American restaurant owner who made his first trip back to Lebanon in 2019 in nearly 20 years to see family. (AP Photo/Kathy McCormack, File)

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 United States 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, according to The Associated Press.

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 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 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.

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 Hezbollah group 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.



As Syrian Opposition Sweep into Aleppo, Army Closes Airport and Roads

A destroyed Syrian army tank in the village of Anjara on the outskirts of Aleppo, Nov. 29. (AP)
A destroyed Syrian army tank in the village of Anjara on the outskirts of Aleppo, Nov. 29. (AP)
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As Syrian Opposition Sweep into Aleppo, Army Closes Airport and Roads

A destroyed Syrian army tank in the village of Anjara on the outskirts of Aleppo, Nov. 29. (AP)
A destroyed Syrian army tank in the village of Anjara on the outskirts of Aleppo, Nov. 29. (AP)

Syrian authorities closed Aleppo airport as well as all roads leading into the city on Saturday, three military sources told Reuters, as the groups opposed to President Bashar al-Assad said they had reached the heart of Aleppo.
The opposition fighters, led by the Hayat Tahrir al-Sham group, carried out a surprise sweep through government-held towns this week and reached Aleppo nearly a decade after having been forced out by Assad and his allies.
Russia, one of Assad's key allies, has promised Damascus extra military aid to thwart the opposition, two military sources said, adding new hardware would start arriving in the next 72 hours.
The Syrian army has been told to follow "safe withdrawal" orders from the main areas of the city that the opposition have entered, three army sources said.
The fighters began their incursion on Wednesday and by late Friday an operations room representing the offensive said they were sweeping through various neighbourhoods of Aleppo.
They are returning to the city for the first time since 2016, when Assad and his allies Russia, Iran, and regional Shi'ite militias retook it, with the insurgents agreeing to withdraw after months of bombardment and siege.
Mustafa Abdul Jaber, a commander in the Jaish al-Izza opposition brigade, said their speedy advance this week had been helped by a lack of Iran-backed manpower in the broader Aleppo province. Iran's allies in the region have suffered a series of blows at the hands of Israel as the Gaza war has expanded through the Middle East.
The opposition fighters have said the campaign was in response to stepped-up strikes in recent weeks against civilians by the Russian and Syrian air force on areas in opposition-held Idlib, and to preempt any attacks by the Syrian army.
Opposition sources in touch with Turkish intelligence said Turkiye, which supports the opposition, had given a green light to the offensive.
But Turkish foreign ministry spokesperson Oncu Keceli said on Friday that Turkiye sought to avoid greater instability in the region and had warned recent attacks undermined de-escalation agreements.
The attack is the biggest since March 2020, when Russia and Turkiye agreed to a deal to de-escalate the conflict.
CIVILIANS KILLED IN FIGHTING
On Friday, Syrian state television denied opposition had reached the city and said Russia was providing Syria's military with air support.
The Syrian military said it was fighting back against the attack and had inflicted heavy losses on the insurgents in the countryside of Aleppo and Idlib.
David Carden, UN Deputy Regional Humanitarian Coordinator for the Syria Crisis, said: "We're deeply alarmed by the situation unfolding in northwest Syria."
"Relentless attacks over the past three days have claimed the lives of at least 27 civilians, including children as young as 8 years old."
Syrian state news agency SANA said four civilians including two students were killed on Friday in Aleppo by insurgent shelling of university student dormitories. It was not clear if they were among the 27 dead reported by the UN official.
Kremlin spokesman Dmitry Peskov said on Friday that Moscow regarded the attack as a violation of Syria's sovereignty.
"We are in favor of the Syrian authorities bringing order to the area and restoring constitutional order as soon as possible," he said.