Elias Khoury - Yalo

“Excuse us, Monsieur Yalo, excuse us, we’ve gone to a lot of trouble with you. Your story is stupid and a waste of time. We discovered the explosives gang and they confessed to everything. You have nothing to do with it. You’re just an asshole. Why did you get smart on us and write those endless stories? That’s what made us doubt you. But you’re just an asshole, a bastard, a nothing. You’re going to be tried on the charges of theft and fornication in the Ballouna forest, that’s why there was no need for all these confessions.”

Yalo saw the pages fall to the ground and heard the interrogator’s voice say, “Come on, get him out of here!”

The pages were on the ground. The story of my life from start to finish was on the ground. Water, ink, and a bleeding story. His voice said, “Come on, out of here!” and there I was, wanting to ask him not to step on them, but he crushed my voice. The words hung in my throat.

“Look at what a shit he is,” said the interrogator. “He thinks he’s a big shit. Come on, get him out of my sight!”

I saw myself drop. I saw myself down on all fours trying to gather the sheets of paper. I saw his feet stepping on my hands and fingers and the heel of his boot grinding the pages as I tried to gather them. I sank into the water and the odor and felt my buttocks being kicked, and heard loud laughter. I saw my forehead bumping against the floor. The smell of my tears resembled the putrid odor rising from the water-filled hollows.

“. .”

And I saw him.

He exited from my clothes, mounted the iron desk, and jumped out of the window. I saw him up there, as he found his throne once again.

They dragged me along the floor.

Two muscular men appeared and dragged me. I clung to the floor because I could not leave Yalo here. I would not leave the story of my life torn under their boots.

I saw myself being carried off and I saw myself inside a military jeep that took me to the prison. My tears streamed out of my eyes, my hands, my ears, my nose, my face, and my chest.

I entered the cell where they had left me a blanket on the floor near the door. I looked at the small, high-set window with its metal bars, and when I saw him my tears stopped.

Yalo was there waiting for me.

I

N THE NAME OF THE

P

EOPLE OF

L

EBANON

The Criminal Court of Mount Lebanon, consisting of Judge Ghassan Diab and counselors Nadim Juha and Nicola Abd al-Nur.

Having reviewed Accusation number 223 of the date 18 March 1994, and the arguments of the public prosecutor of Mount Lebanon number 9355, dated 2 August 1993, and all the documents relating to the action.

It is clear that the accused:

Daniel Abel Abyad, also known as Yalo, son of Marie, born in 1961 in Beirut, of Lebanese citizenship, has been transferred to this Court. He was apprehended in person on 8 June 1992, and remains in custody.

He will be tried in accordance with the jurisdiction of Articles 639 and 640 of the Criminal Code, for committing, in the quarter of Ballouna, on dates within the statute of limitations, multiple instances of robbery and rape, involving the use of a firearm, at night.

Hence in open and public court, the following is clear:

I

: T

HE

F

INDINGS

It is clear that the accused, Daniel Abel Abyad, was employed during 1991 and 1992 as a guard at a villa located in the town of Ballouna, the property of M. Michel Salloum, attorney, on an exposed height overlooking the surrounding side roads, which for their part were a place frequented by lovers, indeed there usually would be found there young men and women exchanging caresses and kisses. Given that the villa overlooked the side roads, the accused regularly witnessed what occurred inside any car parked on any of these roads.

It is clear that the accused, Daniel Abel Abyad, repeatedly engaged in acts of robbery in the manner described approximately thirty times, and raped approximately three women, and that among the victims were N.S., A.F., and M.D.

It is clear that the accused, Daniel Abel Abyad, received from his employer, Michel Salloum, attorney, a military machine gun, a Kalashnikov, registered to the latter, to assist the accused in guarding the villa, within its confines. He also had access to a military pistol belonging to his employer, which the latter kept permanently in the glove compartment of his car. He gave the car keys to the accused, Daniel, so that he could maintain and clean the vehicle. Both the pistol and the machine gun were registered to Michel Salloum. Members of the Jounieh Police Department recovered the machine gun and pistol and restored them to their owner.

It is clear that the accused, Daniel Abel Abyad, confessed to the acts described above, in the presence of the Jounieh Criminal Court, before the investigating judge, and wrote a manuscript text of his confessions. However, he retracted his confessions before this Court, claiming that he had confessed under torture, although the report of the forensic physician proved the accused underwent no physical or mental torture. Daniel advised that the plaintiff Richard Sawan had tried to rape the young woman in his company, and that he had prevented him from doing so, and did not rob him.

Richard was questioned in his capacity as plaintiff and asserted that the accused, Daniel, was the one who undertook to rob him and rape a certain Marie who was with him in the car and whose full identity remains unknown.

Daniel advised that he did not rape the plaintiff Shirin Raad, but that she had requested that he allow her to stay with him after her fiancé, Emile Shahin, fled. It is clear that the plaintiffs Shirin Raad and Emile Shahin forfeited their personal rights to the accused, Daniel Abyad, were questioned in their capacity as witnesses, and asserted that the accused threatened to kill Emile Shahin before the latter left the forest, then raped Shirin Raad three times in his cottage located below the Salloum villa.

It is clear that the representative of the public prosecutor made a motion to charge the accused, while the accused’s court-appointed counsel argued his innocence, pleading insufficient evidence. The last word was given to the accused, Daniel Abel Abyad, who left his fate to the Court.

Thus we are certain of these facts:

1. A charge and a request to drop the charges.

2. The first police investigation, and the recovery of the overcoat and flashlight from the residence of the accused.

3. The testimony of the hearing.

4. The accused’s confession during the first investigation, and before the judge in the hearing, and his handwritten confessions.

5. His proven statements in court.

6. The statements of witnesses.

7. The recovery of the machine gun and military pistol and their return to their lawful owner.

8. The trial, and the sum total of documents of the case.

II

: T

HE

L

AW

In that it has been proven to this Court, through the confession of the accused, Daniel Abel Abyad, before the Jounieh Criminal Court and before the judge in the proceeding; through his written confessions; through the recovery of the machine gun and pistol and their return to their owner; through the recovery of the overcoat, woolen cap, and flashlight; that the accused, Daniel Abel Abyad, undertook, alone, to commit multiple acts of armed robbery at night and multiple acts of rape involving the use of a firearm.

Given the testimonies heard before the court of: Michel Salloum, Randa Salloum, Shirin Raad, and Emile Shahin, and that of the plaintiff Richard Sawan;

Given that the accused, Daniel Abel Abyad, committed multiple acts of armed robbery and rape at night involving the use of a firearm, he has perpetrated a felony as specified in Articles 639 and 640 of the Criminal Code;