Lebanon
27.09.00
Urgent Interventions
Lebanon: charges
URGENT APPEAL - OBSERVATORY
LBN 002 / 0009 / OBS 101
Charges
Lebanon
27th September 2000
The Observatory for the protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention in the following situation in Lebanon.
Brief description of the facts :
The Observatory has been informed by the International Gay and Lesbian Human Rights Commission (IGLHRC) that Kamal el Batal, Director of MIRSAD (Multi-Initiative on Rights: Search, Assist and Defend) and Ziad Mugraby, Managing Director of Destination, a major Beirut Internet service provider, have been charged by the Lebanese military prosecutor with defaming the Police des Moeurs (vice squad) by “distributing a printed flyer”. The printed flyer is in fact an email, issued on 18th April 2000, containing a call for action by MIRSAD protesting against the police harassment of Destination starting 3rd April 2000 for supposed links to a website which had content related to the Lebanese gay community, with chat spaces as well as information on the need for legal reform.
They have been charged under Article 157 of the Lebanese Military Penal Code, which carries a penalty of three months to three years imprisonment. These prosecutions represent the culmination of six months of harassment directed at both Kamal el Batal and Ziad Mugraby.
The harassment began on Monday, April 3rd 2000, in Beirut, Lebanon, when two plainclothes police officers from the Police des Moeurs entered the offices of Destination without a search warrant. They identified themselves as acting under orders from the Beirut prosecutor, Mr Joseph Maamari, to collect information on the person or persons who financed or installed a website at a specific internet address. The web site in question was in fact hosted in the United States. Nonetheless, Ziad Mugraby was ordered to appear at the Hobeich police station for further interrogation on 4th April 2000. This interrogation was carried out in a threatening and offensive manner and the lawyer accompanying Ziad Mugraby was barred from attending the interrogation.
Mr Mugraby was again summoned on 17th April 2000 to the Hobeich police station. A consultant, technology information expert, Major Jacques Bakayev, was brought to interrogate Mr Mugraby. Police threatened that unless they received information about the names and whereabouts of the owners of the IP address, Destination would be shut down by order of the Beirut prosecutor (although prosecutors do not have such power under Lebanese law according to MIRSAD).
Following these events, MIRSAD and IGLHRC sent out an action alert on the actions of the police in entering Destination’s offices without a proper warrant and harassing and detaining its personnel. As a result, Kamal el Batal of MIRSAD was summoned by police to the Hobeich Police Station and questioned about their condemnation of the police harassment. This finally culminated on 5th August 2000 with charges brought by the military prosecutor against Mr Mugraby and Mr el Batal, accusing them of “tarnishing the reputation of the Police des Moeurs by distributing a printed flyer”.
The Observatory is gravely concerned by this action, particularly that Mr Mugraby and Mr el Batal will be brought before a military court which provides no neutral administration or investigation.
Actions requested :
Please write to the Lebanese authorities urging them:
i put an end to all forms of harassment, including judicial proceedings, against Mr. Mugraby and Mr el Batal;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties) in particular its Article 1 which provides that “Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level” as well as article 6(b) which states that “Everyone has the right, individually and in association with others, as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”.
iii. 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.
Addresses :
S.E. Emile LAHOUD, Président de la République du Liban, Beirut. Fax (+ 96 5) 451 217 E-mail : opendoo@presidency.gov.lb
S.E. Monsieru Sélim EL-HOSS, Premier Ministre, Fax (+ 961 1) 354 929 E-mail : marasem@pcm.gob.lb
S.E. Joseph Shaoul, Ministre de la Justice, Ministère de la Justice, Palais de justice, Beirut, Liban. Fax : (+ 961 1) 422 957
S.E. Monsieur Michel Murr, Ministre de l'Intérieur, Beirut, Liban. Fax : (+ 961 1) 869 813
Paris-Geneva, 27th September 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
1998 Human Rights Prize of The French Republic.
To contact the Observatory, call the emergency line: Fax : +33 (0) 1 55 80 83 92
Tel: FIDH +33 (0) 1 48 55 20 11 OMCT: +41 (0) 22 809 49 39
E.Mail : observatoire@iprolink.ch
LBN 002 / 0009 / OBS 101
Charges
Lebanon
27th September 2000
The Observatory for the protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention in the following situation in Lebanon.
Brief description of the facts :
The Observatory has been informed by the International Gay and Lesbian Human Rights Commission (IGLHRC) that Kamal el Batal, Director of MIRSAD (Multi-Initiative on Rights: Search, Assist and Defend) and Ziad Mugraby, Managing Director of Destination, a major Beirut Internet service provider, have been charged by the Lebanese military prosecutor with defaming the Police des Moeurs (vice squad) by “distributing a printed flyer”. The printed flyer is in fact an email, issued on 18th April 2000, containing a call for action by MIRSAD protesting against the police harassment of Destination starting 3rd April 2000 for supposed links to a website which had content related to the Lebanese gay community, with chat spaces as well as information on the need for legal reform.
They have been charged under Article 157 of the Lebanese Military Penal Code, which carries a penalty of three months to three years imprisonment. These prosecutions represent the culmination of six months of harassment directed at both Kamal el Batal and Ziad Mugraby.
The harassment began on Monday, April 3rd 2000, in Beirut, Lebanon, when two plainclothes police officers from the Police des Moeurs entered the offices of Destination without a search warrant. They identified themselves as acting under orders from the Beirut prosecutor, Mr Joseph Maamari, to collect information on the person or persons who financed or installed a website at a specific internet address. The web site in question was in fact hosted in the United States. Nonetheless, Ziad Mugraby was ordered to appear at the Hobeich police station for further interrogation on 4th April 2000. This interrogation was carried out in a threatening and offensive manner and the lawyer accompanying Ziad Mugraby was barred from attending the interrogation.
Mr Mugraby was again summoned on 17th April 2000 to the Hobeich police station. A consultant, technology information expert, Major Jacques Bakayev, was brought to interrogate Mr Mugraby. Police threatened that unless they received information about the names and whereabouts of the owners of the IP address, Destination would be shut down by order of the Beirut prosecutor (although prosecutors do not have such power under Lebanese law according to MIRSAD).
Following these events, MIRSAD and IGLHRC sent out an action alert on the actions of the police in entering Destination’s offices without a proper warrant and harassing and detaining its personnel. As a result, Kamal el Batal of MIRSAD was summoned by police to the Hobeich Police Station and questioned about their condemnation of the police harassment. This finally culminated on 5th August 2000 with charges brought by the military prosecutor against Mr Mugraby and Mr el Batal, accusing them of “tarnishing the reputation of the Police des Moeurs by distributing a printed flyer”.
The Observatory is gravely concerned by this action, particularly that Mr Mugraby and Mr el Batal will be brought before a military court which provides no neutral administration or investigation.
Actions requested :
Please write to the Lebanese authorities urging them:
i put an end to all forms of harassment, including judicial proceedings, against Mr. Mugraby and Mr el Batal;
ii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties) in particular its Article 1 which provides that “Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level” as well as article 6(b) which states that “Everyone has the right, individually and in association with others, as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”.
iii. 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.
Addresses :
S.E. Emile LAHOUD, Président de la République du Liban, Beirut. Fax (+ 96 5) 451 217 E-mail : opendoo@presidency.gov.lb
S.E. Monsieru Sélim EL-HOSS, Premier Ministre, Fax (+ 961 1) 354 929 E-mail : marasem@pcm.gob.lb
S.E. Joseph Shaoul, Ministre de la Justice, Ministère de la Justice, Palais de justice, Beirut, Liban. Fax : (+ 961 1) 422 957
S.E. Monsieur Michel Murr, Ministre de l'Intérieur, Beirut, Liban. Fax : (+ 961 1) 869 813
Paris-Geneva, 27th September 2000
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
1998 Human Rights Prize of The French Republic.
To contact the Observatory, call the emergency line: Fax : +33 (0) 1 55 80 83 92
Tel: FIDH +33 (0) 1 48 55 20 11 OMCT: +41 (0) 22 809 49 39
E.Mail : observatoire@iprolink.ch