Human rights lawyer Dr Muhamad Mugraby is due to appear before the Military Court in Beirut on 9 January charged with slandering the “military establishment and its officers”. If found guilty he may be sentenced to up to three years’ imprisonment. The charge relates to a statement he made to the European Parliament’s Mashreq Delegation in Brussels on 4 November 2003, in which he criticised the military court system in Lebanon including for, he stated, the inadequate legal training of the courts’ judges, and for the torture suffered by suspects tried before military courts in order to force them to “confess”.

IDHAE calls again for the charge to be dropped immediately as it is based on Dr Muhamad Mugraby exercising his right to freedom of expression guaranteed in Article 19 of the International Covenant on Civil and Political Rights, to which Lebanon is a state party, and principle 23 of the UN Basic Principles on the Role of Lawyers. Dr Mugraby’s statements in the European Parliament contained legitimate human rights issues that reflect concerns well documented by Amnesty International.

IDHAE has repeatedly expressed concern about the Lebanese military court system whose trials fall far short of international standards for fair trials. In particular, contrary to Lebanese legislation, military courts have been granted wide jurisdiction to try civilians; fail fully to explain their verdicts; use summary proceedings which undermine defence rights; and have judges who are predominantly military officers with inadequate legal training. The military courts’ proceedings are not subject to independent judicial review, an essential requirement for fair trial.

We are also concerned that this case against Dr Mugraby falls within a pattern of harassment against him that may be related to his legitimate work in defence of human rights. Among a number of past and pending cases against him, in 1995 he was charged with defaming the state of Lebanon and its judiciary in a fax he sent to Amnesty International – a case that was finally dismissed in 2001. In an ongoing case against him which is pending before the Beirut Court of Appeal, Dr Mugraby was arrested on 8 August 2003, then released on bail three weeks later, for his alleged "impersonation of a lawyer". (See Dr al-Mugraby must be immediately released, [MDE 18/011/2003], 13 August 2003). Amnesty International is also calling on the Lebanese authorities to drop this charge against him and to cease the apparent pattern of harassment against him.

For more Read : Syria's puppets in Beirut continue persecuting a Lebanese dissident. By CLAUDIA ROSETT  at http://www.opinionjournal.com/columnists/cRosett/?id=110007489

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.

ACTIONS REQUESTED :

Please write to the Lebanese authorities urging them:

i to drop all charges against Dr Mugraby and stop all future prosecutions in this regard.

ii put an end to all forms of harassment, including judicial proceedings, against Mr. Mugraby and ensure that he can carry out his legitimate work without fear of further harassment.

iii. ensure the implementation of the provisions of the Article 23 of the United Nations Basic Principles on the Role of Lawyers (1990) which states that:Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly.  In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organiations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.  In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.

iv. more generally, guarantee the effective respect of fundamental human rights and freedoms in accordance with the provisions of the Universal Declaration of Human Rights and international and regional Pacts and Covenants ratified by Lebanon.

All AI Documents on Lebanon: http://amnesty-news.c.topica.com/maaenphabnnehbb0hPub/