Joint Statement by Amnesty International and ARTICLE 19
Lebanon: Concern over prosecution of human rights lawyer Dr Muhamad Mugraby
Public Statement -AI Index: MDE 18/003/2006 (Public)
News Service No: 094 -13 April 2006
Amnesty International and ARTICLE 19 have written to the Minister of Defence and the Minister of Justice in Lebanon urging them to drop the defamation charge brought against human rights lawyer Dr Muhamad Mugraby for remarks he made to a delegation of members of the European Parliament almost three years ago.
The two organizations expressed concern that Dr Mugraby, who is due to stand trial before Lebanon’s Military Court on 17 April, could be imprisoned for up to three years and said that they would consider him a prisoner of conscience if he is jailed – on the grounds that he was exercising legitimately his right to freedom of expression when he spoke to members of the European Parliament.
Dr Mugraby was accused of slandering Lebanon’s military establishment and its officers after he criticised the military court system at a meeting with the European Parliament’s Mashreq Delegation on 4 November 2003 in Brussels. In particular, he criticised what he said was the inadequate legal training of the court’s judges and its failure adequately to address allegations made by defendants that they were tortured in pre-trial detention to extract “confessions”.
In their joint letter to the Lebanese ministers, ARTICLE 19 and Amnesty International said Dr Mugraby’s prosecution breached Lebanon’s obligations under the International Covenant and Civil and Political Rights to guarantee freedom of expression and Principle 23 of the UN Basic Principles on the Role of Lawyers, which guarantees lawyers the right to discuss “matters concerning the law, the administration of justice and the promotion and protection of human rights”. In addition, it breaches the Euro-Mediterranean Association Agreement between Lebanon and the European Union which came into force only two weeks ago, on 1 April 2006. Article 2 of the Agreement requires participating states to uphold “respect for human rights and democratic principles.”
The two organisations also expressed concern that Dr Mugraby’s current prosecution follows earlier attempts to prosecute him apparently because of his activities as a human rights defender and lawyer, and called on the Lebanese government to ensure that all those undertaking legitimate activities work in defence of human rights in Lebanon are able to do so free from harassment or persecution.
Background
Amnesty International 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.
ARTICLE 19
6-8 Amwell Street, London EC1R 1UQ
Tel: +44 20 7278 9292 Fax: +44 20 7278 7660
Web: www.article19.org Email: info@article19.org
Amnesty International
INTERNATIONAL SECRETARIAT
1 Easton Street, London WC1X 0DW, United Kingdom
Tel: +44 20 7413 5500 Fax: +44 20 7956 1157
Web: http://www.amnesty.org E-Mail: amnestyis@amnesty.org
AI Index: MDE 18/003/2006 13 April 2006

 ICJ to observe Mugraby trial at millitary court, Lebanon
From: "Center for Democracy & the Rule of Law" <info@cdrl.org>
Date: Thu, 13 Apr 2006 04:11:32 -0400
Beirut, April 12, 2006: The Center for Democracy & Rule of Law for Lebanon (www.cdrl.org) has received the following statement issued by the International Commission of Jurists, Geneva:
The International Commission of Jurists (ICJ) said today it will send an observer to monitor the trial of Dr Muhamad Mugraby, a well-known human rights lawyer prosecuted by a military tribunal for having criticized the Lebanese judiciary.
Dr Mugraby was charged with “slandering the military establishment and its officers” following a speech he made before the European Parliament’s Mashrek Delegation in Brussels in November 2003, in which he criticized the justice system in Lebanon.
On behalf of the ICJ, the observer will monitor the trial that will take place on 17 April at the Military Court of Beirut. In a press release issued on 16 March 2006, the ICJ already said that “criticism is part and parcel of the right to freedom of opinion and _expression and cannot be penalized.” It noted that the charges constitute a violation of Lebanon’s international obligations regarding the right to freedom of opinion and _expression contained in the International Covenant on Civil and Political Rights that Lebanon has ratified and the Universal Declaration of Human Rights.
In addition, the ICJ expressed its deep concerns at the fact that a civilian was being tried before a military court, in contravention of international law principles, and in particular of the recommendations of the UN Human Rights Committee after it examined the implementation of Lebanon’s international obligations.
The organisation called for the immediate and unconditional withdrawal of the charges against Dr Mugraby.
On 20 March 2006, the Military Court dismissed the procedural exceptions filed by Dr. Mugraby and decided to proceed with the case. The ICJ has been following the case of Dr Mugraby closely for years, as he has been the subject of numerous proceedings against him. In particular, the organisation monitored an earlier trial in October 2003./
For more information, please contact Isabelle Scherer: + 41 22 979 38 00