Violations of the rule of law in Lebanon

(www.radicalparty.org) DOCUMENTS ON: LEBANON / DOC.TYPE: QUESTIONS (EP)

20/08/2003 | Violations of the rule of law in Lebanon

Whereas :

on 18 August 2003, Muhamad Mugraby, 64 years old, well-known defender of human rights and the independence of the judiciary, was arrested in Beyrouth;
on 17 January 2003 the Disciplinary Council of the Lawyers' Order of Beyrouth decided to bar him for political reasons;
the above decision is not final as long as the accused has not exhausted all possibilities of appealing (Article 553, 563, 111 of the Lebanese Civil Code; Article 28 of basic principles of the United Nations on the role of lawyers);
the appeal of Dr. Mugraby against the disciplinary measures is underway (appeal n° 222/2003);
notwithstanding this, the Lawyers' Order has denounced him for "impersonating a lawyer";
the judge has ordered the detention of Dr. Mugabry without having obtained the authority to do so;

Considering that :
actions intended against him have political motives and aim to obstruct his activities as defensor of the law;

Having seen that :
the Republic of Lebanon adheres to the Euro-Med Partnership and is a signatory of the Final Declaration of the Euro-Mediterranean Ministerial Conference of Barcelona of 27 and 28 November 1995, in which the parties commit themselves to introduce democracy and human rights in their political systems;
relations between the Republic of Lebanon and the European Community are established in a bilateral agreement ratified in December 2002 based on the "respect of democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights" (Article 2) and on Article 59 which reiterates the importance of the rule of law, the proper functioning of institutions and the independence of the judiciary and the proper practice of the legal profession;

Can the Commission say
whether it is aware of the serious violations within the Lebanese judiciary?
whether it thinks that the above violations are conflicting with the agreements that regulate relations between the UE and the Republic of Lebanon, in view of Articles 2 and 59 of the above-mentioned agreement?
what measures does it intend to adopt, in conformity with Article 86, paragraph 2 of the CE-Lebanon Agreement, in order to reestablish respect of the rule of law and proper procedure, in accordance with the strategy and commitments that the European Commission requires in point 6.6 of the Strategy Document of 2002-2006 for Lebanon underlining EC policy with the countries of the Euro-Med partnership?

OTHER LANGUAGES

Violazioni della legalità in Libano

Violation de la legalitée en Liban