Lebanon: Charges against Mr. Muhamad Mugraby were dropped

LBN 001 / 0005 / 033.3

Judicial proceedings / Harassment
Lebanon
April 19, 2006

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World organisation Against Torture (OMCT), has received new information on the following situation in Lebanon.

New information:

The Observatory has been informed by a reliable source that the charges against Mr. Muhamad Mugraby, a lawyer at the Beirut Bar and human rights activist who was prosecuted for “defamation of the military and its members” (Article 157 of the Military Criminal Code) since February 2005, were dropped.

According to the information received, on April 15, 2006, the Military Court of Cassation decided that Mr. Mugraby’s statement at the European Parliament in November 2003 (See background information) had to be considered as “general criticism [...] and [did not] show at all an intention of slandering” the military and its members. The Court also judged that the Permanent Military Court, which on March 20, 2006 declared itself competent to try him, did not have any “jurisdiction to look into such a case”.

The Observatory welcomes this decision, and thanks all the persons, organisations and institutions who intervened in favour of Mr. Muhamad Mugraby.

However, the Observatory recalls that the two appeals filed by Mr. Mugraby with the Court of Appeal against the decisions of two disciplinary commissions of the Bar of Beirut (dating back to 2002 and 2003) that had withdrawn his right to exercise the profession, and the two legal actions filed by Mr. Mugraby with the Court of Appeal, respectively against thirteen judges involved in his August 2003 arrest and against the National Bar Association, remain pending (See Observatory 2005 Annual Report).

Background information:

On February 26, 2005, Mr. Muhamad Mugraby, particularly renowned as a legal counsel for political opponents and his restless fight against corruption in Lebanese legal circles, was called in for questioning by the Beirut General Security Forces. Mr. Mugraby was notably interrogated about a statement he made in November 2003 before the Mashrek Committee of the European Parliament, and in which he had denounced the failures of the Lebanese judicial system and mentioned his arbitrary detention earlier in August that year. Police officers, in particular, asked him to detail his position on the military justice system in the country.

On March 20, 2006, the Permanent Military Court declared itself competent to try Mr. Mugraby, who decided to appeal this decision before the Military Court of Cassation.

Actions requested :

Please write to the authorities in Lebanon urging them to :
i. Put an end to all acts of harassment against Mr. Muhamad Mugraby, as well as against all human rights defenders in Lebanon;

ii. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 6(b), which states that “everyone has the right, individually and in association with others (...) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms”, and its article 8(2), which provides that “everyone has the right, individually and in association with others, to submit to governmental bodies and agencies and organisations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realisation of human rights and fundamental freedoms”;

iii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Lebanon.

Addresses:

• General Emile Lahoud, President of the Lebanese Republic, Presidential Palace, Beirut, Lebanon, Fax : + 961 1 425 395, Email: opendoor@presidency.gov.lb
  
  
• Mr. Fuad Siniora, Prime Minister, Governmental Palace, Beirut, Lebanon, Fax : + 961 1 869 630, / + 961 1 746 085
  
  
• Mr. Hassan Sabaa, Home Ministry (Riad El Solh), Beirut, Lebanon, Fax: +96 1 751 622
  
  
• Mr. Elias Michel Murr, Ministry of National Defence, Beirut, Lebanon, Fax: +96 1 457 920
  
  
• Mr. Charles Rizk, , Justice Ministry, Beirut, Lebanon, Fax : +961 1 422 957 / : +961 1 427 975
  
  
• Mr. Gébran Soufan, Ambassador, Permanent mission of the Lebanese Republic to the United Nations in Geneva, rue de Moillebeau 58, 1209 Geneva, Switzerland, Fax : + 41 22 791 85 80, Email : mission.lebanon@ties.itu.int
  
  
• Mr. Fawzi Fawaz, Embassy of the Lebanese Republic in Brussels, 2 rue G. Stocq, 1050 Ixelles, Belgium, Fax: + 32 2 645 77 69; Email: ambassade.liban@brutele.be

***
Geneva-Paris, April 19, 2006

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a 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.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
Email : Appeals@fidh-omct.org
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