The International Commission of Jurists' Centre for the Independence of Judges and Lawyers (ICJ/CIJL) concluded in its report today that the appellate hearings on Lebanese human rights lawyer, Muhamad Mugraby, were not in accordance with international standards. The ICJ/CIJL monitored the proceedings which took place on 15 October 2003 at the 12th Appellate Panel of the Civil Court of BeirutCourt hearings to challenge decisions of a Disciplinary Committee of the Beirut Bar Association to disbar Muhamad Mugraby, a Lebanese human rights lawyer were manifestly unfair, states the International Commission of Jurists' Centre for the Independence of Judges and Lawyers (ICJ/CIJL) in a report released today. The tribunal was not impartial and independent as two of the three judges also serve as assistant military prosecutors within the military justice system. The assumption of both roles by the appellate court judges is incompatible with the actual or perceived impartiality of the tribunal.

The ICJ/CIJL monitored the proceedings relating to Muhamad Mugraby at the 12th Appellate Panel of the Civil Court in Beirut.

The ICJ/CIJL also found that Dr. Mugraby's right to have counsel of his own choosing was violated as his lawyers themselves have been suspended for having represented him in a criminal action in which Dr. Mugraby was charged with "pretending to be a lawyer." Due to their suspension, Dr. Mugraby's two lawyers, Mr. Muhamed Fakih and Mr. Jihad Abu-Nader were unable to represent him in the appellate hearings.

The striking of Dr. Mugraby's name from the members' roll as well as the punitive suspension of his lawyers by the Disciplinary Council of the Beirut Bar Association, constitutes a violation of the UN Basic Principles on the Role of Lawyers and sends a chilling message to other human rights lawyers.

The ICJ/CIJL furthermore condemns the attacks and threats against Dr. Mugraby's family and colleagues and believes that this lawyer's persecution is politically motivated and influenced by various factors such as: his public campaign denouncing corruption within the Lebanese judiciary; his vocal criticism of the presence of Syrian forces in Lebanon and the strong influence that Syria exerts over Lebanese political institutions; his on-going defense of victims of human rights violations, and his nomination for the presidency of the Beirut Bar Association.

The ICJ/CIJL urges the Government of Lebanon to respect its international obligations to guarantee the right to a fair trial, the right to have counsel of one's own choosing, and the right to freedom of expression. The ICJ/CIJL furthermore calls upon the Government to allow all lawyers to perform their professional functions without intimidation, hindrance, harassment or prosecution.

For further information, please contact: Linda Besharaty-Movaed at 41 22 979 38 09. The report is available on the website of the ICJ: www.icj.org.

(Source : Independence of Judges & Lawyers - Newsroom)

 

Background :Dr. Muhamad Mugraby, a Lebanese attorney with a busy corporate and commercial law practice in Beirut, is also a well-known defender of human rights in his country. He has long championed the independence of the judiciary, not only in Lebanon but regionwide. In 1967, he introduced civil rights and civil liberties as courses at the Lebanese University School of Law, where he taught for many years. He is also an outspoken critic of Syria's increasingly tight grip on Lebanon, and believes that human rights in Lebanon cannot be restored without addressing the harmful impact of the ubiquitous Syrian role in the country's affairs.

As a human rights lawyer and activist, Dr. Mugraby has focused on some of the most serious human rights problems in Lebanon, such as incommunicado detention, torture, and the expanding use of military courts to try civilians. He is not afraid to take on politically sensitive cases. He has represented property owners and tenants in the old city of Beirut who have challenged unlawful practices of Prime Minister Hariri's Solidere-- the multi-billion-dollar real estate company -- carrying out the controversial physical reorganization of downtown Beirut. In March 1997, he made formal written complaints to Lebanon's public prosecutor about the unlawful detention of two Lebanese who "disappeared" in January and in March, were transferred into Syrian custody, and held incommunicado in Damascus. Both demarches called on Lebanese authorities to investigate these cases, and prosecute the perpetrators and their accomplices. There are two lawsuits pending before the Beirut court of appeals by the Beirut prosecutors aimed at striping him of his lawyer’s immunity because of a fax he sent to Amnesty International and allegations brought by Solidere, the real estate development company that holds a controversial and unconstitutional concession over central Beirut.

 

 

URGENT

An Appeal of the president of the Dutch Lawyers for Lawyers Foundation

To the Presidents of

EU Bar Associations

Dear Colleagues,

I am writing this letter as president of the Dutch Lawyers for Lawyers Foundation (LfL) which seeks to promote the right of lawyers to practise their profession without intimidation or interference.</P>

Reference is made to the attached report of the Centre for the Independence of Judges and Lawyers (CIJL) of the International Commission of Jurists(ICJ) on appellate hearings wherein Lebanese human rights lawyer Dr. Muhamad Mugraby sought to challenge two decisions of the Disciplinary Council of the Beyrouth Bar Association (BAB).</P>

As a result of the campaign against Dr. Mugraby, his associates and other lawyers willing to represent him, it has become practically impossible for Dr. Mugraby to find Lebanese lawyers of his choice who are prepared to do so. Therefore Dr. Mugraby, after consultation with the ICJ, asked LfL if Dutch lawyers might be willing to represent him. LfL then proposed and Dr. Mugraby appointed Mr. Leo Spigt, former president of the Netherlands Bar Association, and Mr. Phon van den Biesen, international human rights lawyer and LfL president elect. I myself am acting as co-ordinator and, if necessary, substitute.</P>

In view of the preparations for the next hearings in the case scheduled for December 17 we would be most grateful if you could provide us as soon as possible with

a.       a brief exposé of your views of the case as described in the ICJ report;

b.         your answers to the following questions:

    1.Assuming that under the law of your country a disciplined lawyer has a right of appeal to a regular of special court, is the disciplinary decision stayed pending the appeal or enforceable notwithstanding the

appeal?

    2.Can the President or the Council of the Bar under your law issue by-laws or regulations which are binding even though they have not been published?

    3.Does under your law a lawyer require permission from the President or the Council of the Bar for instituting legal proceedings

(a)    against another lawyer and

(b)    against the President and/or Council of the Bar?

    4.    Would in your country the President or Council of a Bar association be authorized to request the arrest and detention of a lawyer because he is practising law pending his appeal against a disciplinary decision to strike him from the register of lawyers?

    5.Could in your country a Council of the Bar reject the candidacy for the presidency of the Bar, although the candidacy is submitted by the required number of lawyers and the candidate has been registered as

practising lawyer for the required number of years?

We are hopeful that your response will enable us to demonstrate to the Court that in all individual EU-countries practices as employed against Dr Mugraby in his country are unthinkable.</P>

For further information reference is made to, i.a., web.amnesty.org; www.ibanet.org and www.combar.info.

I am thanking you in advance for your co-operation.</P>

 

Yours sincerely,

Mr W.C. van Manen