Lebanon’s Constitutional Council has rejected a challenge to the country’s general amnesty law, clearing the way for its implementation while imposing binding interpretations that define which offenses qualify for amnesty and which remain excluded.

The council, chaired by Tannous Mechleb, unanimously rejected the appeal filed by the Free Patriotic Movement (FPM) parliamentary bloc, headed by MP Gebran Bassil. Eight of the council’s 10 members took part in the decision, while the other two were absent for health reasons. 

The ruling followed months of controversy over the legislation, which Parliament passed in mid-August and President Joseph Aoun signed into law. The challenge, filed after the president’s signature, had delayed implementation.

Although the council upheld the law, it attached several “mandatory interpretive reservations,” meaning its provisions are valid only when applied in accordance with the conditions set out in the decision, a judicial source told L’Orient-Le Jour. A judicial source also told Arab News that the council had sought clarification on certain provisions concerning corruption, but said the interpretations would not change the law’s overall effects.

The ruling has brought renewed attention to the fate of Islamist detainees and others who could qualify for amnesty or reduced sentences, as well as to concerns that the council’s interpretation of the legislation could expand or narrow its practical reach.

The law covers specified offenses committed before March 1, 2026. It provides for amnesty in eligible cases, reductions in certain sentences and measures for detainees who have spent long periods in custody without receiving final verdicts. It also allows some detainees held for more than 12 years without a final judgment to be released while their trials continue.

However, the legislation excludes a broad range of serious offenses, including crimes against state security, human life and public funds.

Corruption and drug-related offenses at the center of dispute

One of the main issues addressed by the council concerns corruption. The council excluded all corruption offenses from the scope of the amnesty, according to the reported details of its ruling.

Other exclusions include war crimes, crimes against humanity, torture, enforced disappearance and document forgery. The council also confirmed March 1, 2026, as the cutoff date for offenses eligible for amnesty.

A separate dispute concerns the interpretation of “recidivism” in drug-related felony cases. The council ruled that repeat offending must be established through final, legally binding court judgments, rather than repeated prosecutions alone.

Critics argue that this interpretation could allow drug traffickers facing multiple prosecutions, including cases in which they have been convicted in absentia, to benefit from the amnesty. They say this could run counter to the legislature’s original intent.

The council’s role in defining how the law will be applied has consequently drawn scrutiny, particularly over whether its interpretations merely clarify the legislation or materially affect its scope.

Criminal-law attorney Imad Al-Masri told Arab News that the law should ease pressure on both the prison system and the judiciary, which he described as under severe strain and vulnerable to corruption. He said the council’s interpretations would not affect most detainees, but would exclude certain forgery-related offenses and some offenses involving drug cultivation.

Al-Masri said detainees with no previous convictions who had spent more than 12 years in custody could qualify, as they would not be considered repeat offenders. He estimated that as many as 4,000 prisoners and detainees could be released or benefit from reduced sentences and other provisions of the law.

Strike by prisoners ends after 30 days

The appeal’s suspension of the law’s implementation prompted a hunger and medication strike at Roumieh Central Prison. The protest began on Sept. 12 and spread to detention facilities in Jeb Jenin, Baalbek and Rashaya.

More than 600 inmates reportedly took part, and seven detainees died during the period surrounding the protest. 

After the council issued its ruling, a spokesperson for the prisoners said the 30-day strike had ended. Some inmates, however, were disappointed by the council’s interpretations, arguing that they changed the substance of several provisions rather than simply clarifying how they should be applied.

The amnesty law was passed after months of debate against a backdrop of severe overcrowding and lengthy delays in court proceedings. Supporters said it would help resolve the cases of detainees who had not been convicted and relieve pressure on the prison system.

Critics, including families of Lebanese Army personnel, argued that the legislation reflected a political and sectarian deal and could benefit people accused or convicted in security cases involving the killing of soldiers or security personnel.

Broad exclusions for serious crimes

The law excludes a wide range of offenses, including cases referred to the Judicial Council, which handles sensitive crimes threatening state security, national unity or public safety. It also excludes intentional and premeditated murder; terrorist attacks against civilians, military personnel or security forces; and military offenses.

Other excluded crimes include treason, espionage and unauthorized dealings with Israel, except for cases covered by an earlier amnesty law. The exclusions also cover repeat drug offenses and drug crimes committed by military or security personnel.

Offenses involving public property and public funds are excluded, as are money laundering, illicit enrichment, terrorist financing and banking crimes involving depositors’ money.

The law also excludes rape, incest, human trafficking, domestic violence, sexual assault of children, crimes involving antiquities and offenses covered by legislation on torture and enforced disappearance.

Lawyer Ashraf Al-Mousawi, who represents Nouh Zaiter, one of Lebanon’s most prominent suspects in drug-trafficking cases, told Arab News that his client was not eligible for amnesty. Al-Mousawi said the Constitutional Council had called for further exclusions, including war crimes, crimes against humanity, torture, enforced disappearance and document forgery.

Sentence reductions and high-profile detainees

The legislation commutes death sentences to 28 years in prison and life sentences with hard labor to 17 years. Other prison terms are reduced by one-third.

The reductions do not apply to cases in which a victim filed a personal claim before March 1, 2026, unless the claim is withdrawn. Victims retain the right to seek compensation before criminal, civil or administrative courts.

The law also allows claimants, subject to legal procedures, to request the imprisonment of a convicted person as a means of enforcing a compensation judgment.

Among those who could benefit from reduced sentences, while still having to serve any remaining time, are Sheikh Ahmad Al-Assir and Mustafa Al-Hujeiri.

Al-Assir was sentenced to death over the killing of Lebanese soldiers during clashes between the army and his followers in the Abra neighborhood of Sidon in 2013. Under the amnesty law, his sentence would be commuted, potentially allowing him to be released by May 2028 at the latest.

Al-Hujeiri is accused of recruiting young people for militant groups, particularly the Nusra Front, transferring money to the group, forging identity documents for suicide bombers, possessing weapons and participating in armed attacks. He is also accused of involvement in the abduction of soldiers during clashes in the town of Arsal on Aug. 2, 2014.