Delegation of Dutch Lawyers to attend Mugraby trial before Military Court
Dutch Lawyers for Lawyers Foundation- 04/14/2006
Lebanese attorney prosecuted for speech in European Parliament
Delegation of Dutch Lawyers to attend trial before Military Court
Press Release April 13, 2006
Muhamad Mugraby, Human rights-lawyer in Lebanon, will stand trial before the Military Tribunal of Beirut on April 17. The Lebanese Authorities accuse Mugraby of slandering the Military Establishment. This accusation is based on a presentation Dr Mugraby delivered at the invitation of the Euro Parliament about the Human Rights situation in Lebanon. In his presentation he criticized the system of Military Courts especially trailing ordinary citizens, for instance people who had been arrested because they criticized the Authorities. Such people have been tortured to obtain confessions and than had to appear before officers without legal background. It is striking that now Mugraby himself has to appear before those he is supposed to have slandered. This can not be reconciled with the principals of 'fair trial'. The members of the Military Court are appointed by the Minister of Defence who also determines the sentence. The case of Dr Mugraby embodies a far reaching limitation of the freedom of speech. Mugraby can be sentenced to a maximum of three years in prison.  The Dutch Lawyers for Lawyers foundation has been supporting Mugraby for several years and is sending seven Dutch attorneys and a member of the British House of Commons, who has been watching the case for a long time already, to Beirut in order to attend the trial and offer support to Dr Mugraby. More information can be found at: http://www.advocatenvooradvocaten.nl/projects.html

700,000 European lawyers declare, through CCBE, their support for Dr. Mugraby
Manuel Cavaleiro Brandão - Council of Bars and Law Societies of Europe
04/14/2006
Dear President Lahoud,
I am writing to you on behalf of the Council of Bars and Law Societies of Europe (CCBE), which, through the national Bars and Law Societies of the Member States of the European Union and the European Economic Area, represents more than 700,000 European lawyers.  The CCBE, through its Human Rights Committee, places great emphasis on respect for human rights and the rule of law. The CCBE is particularly concerned by the situation of human rights defenders in the world.
The CCBE writes to express its concern about human rights lawyer Dr Muhamad Mugraby who is due to appear before the Military Court in Beirut on 9 January charged with slandering the “military establishment and its officers”. The CCBE understands that, if found guilty, he may be sentenced to up to three years’ imprisonment.
The CCBE is informed that 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”. In this context, the CCBE would urge that the charge against him be dropped immediately as it is the CCBE’s belief that 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. The CCBE would also draw your attention to 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 organisations 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.
The CCBE is 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. You will recall that Dr Mugraby was arrested on 8 August 2003 and subsequently released on bail three weeks later for his alleged “impersonation of a lawyer”. The CCBE understands that this charge has yet to be dropped against him.  In view of the above, the CCBE respectfully urges you to drop all charges against Dr Mugraby and stop all future prosecutions in this regard and ensure that he can carry out his legitimate work without fear of further harassment.
Yours sincerely,
Manuel Cavaleiro Brandão
President