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26/08/2003 | LCHR: DEMAND THE RELEASE OF IMPRISONED LEBANESE LAWYER MUHAMED MUGRABY |
| Take Action Now! http://capwiz.com August 26, 2003 The Lawyers Committee for Human Rights demands the immediate release of prominent Lebanese lawyer, Dr. Muhamed Mugraby, who has been imprisoned since August 8, in Beirut. Dr. Mugraby has been detained on the charge of "impersonating a lawyer," following his continued legal practice after being disbarred by a discipline committee of the Beirut Bar Association. If convicted after trial on this charge, he may be sentenced to up to three years imprisonment. Dr. Mugraby, who is a member of the International Bar Association and the International Association of Lawyers, is widely recognized for his work to stamp out corruption and to ensure accountability within the judicial system in Lebanon. As a result of his efforts to promote and protect basic rights, he has been subjected to harassment by the authorities for many years. The Lawyers Committee for Human Rights believes that his arrest on August 8 is yet another attempt to silence him. On the morning of August 8, Dr. Mugraby went to the department of criminal investigations, within the Ministry of Justice, following a summons delivered to him the previous day. When he arrived, he was questioned for four hours, concerning a complaint from the Beirut Bar Association that he had been "impersonating a lawyer," a criminal offence. He was later taken into custody at the detention centre within the Ministry of Justice. The charge against him was apparently based on his continued legal practice, after a disciplinary committee of the Bar Association sought to disbar him for the second time in January of this year. However, such decisions of the committee are subject to appeal and are, indeed, not considered final decisions until the appeals process has been exhausted. Dr. Mugraby had lodged an appeal against the decision in March, which is yet to be heard. His appeal against a similar decision rendered in April 2002 by the disciplinary committee also remains pending. He has continued to practice law, to pay his annual bar association dues and to register his power of attorney at the bar. Following the arrest of Dr. Mugraby, the case against him has been subject to several delays and he remains in custody, now in a prison in Roumieh. Judges scheduled to review the case have withdrawn or simply have failed to show up. The Lawyers Committee considers the continued detention of Dr. Mugraby to be in violation of Article 9 of the International Covenant on Civil and Political Rights, concerning arbitrary detention. The prohibition on arbitrary detention contained in Article 9 is contravened where a person is arrested and detained due to their political views or for purposes of political persecution. Moreover, his arrest and continued detention are contrary to the United Nations Basic Principles on the Role of Lawyers, which stipulate that lawyers must be able to perform their professional functions without intimidation, hindrance, harassment or improper interference. The Principles further enunciate the importance of freedom of expression and state that lawyers have the right to take part in public discussion of matters concerning the law and the administration of justice. Finally, the United Nations Declaration on Human Rights Defenders recognizes the crucial role played by human rights defenders in any country, and requires that the work of individual human rights defenders and organizations be promoted, and that they be protected from reprisal. RECOMMENDED ACTION Please write to the Lebanese authorities demanding the immediate release of Dr. Muhamed Mugraby and the dropping of all charges against him. Remind the government of its obligations under international instruments to respect and ensure respect for basic rights, including the rights to freedom of expression and the prohibition on arbitrary detention. Express concern about the delays in the proceedings against Dr. Mugraby, as well as about the lack of resolution of his appeals against disbarment. A model letter for transmission to Lebanese President Emile Lahoud is attached below. Should you require more information, please contact Lorna Davidson (212 845 5251, Davidsonl@lchr.org Flood (212 845 5298, FloodK@lchr.org His Excellency President Emile Lahoud Office of the President Baabda Palace Baabda, Beirut Lebanon Fax: +961 425 391 Dear President Lahoud, I am deeply disturbed by reports of the arrest and detention of lawyer Dr. Muhamed Mugraby, who has been in custody since August 8, 2003. Dr. Mugraby, who is a member of the International Bar Association and the International Association of Lawyers, is widely recognized for his work to stamp out corruption and to ensure accountability within the judicial system in Lebanon. Dr. Mugraby was arrested following his appearance at the Ministry of Justice as a result of a summons issued to him on August 7. He was questioned for four hours on August 8, concerning a complaint from the Beirut Bar Association that he had been "impersonating a lawyer." The charge against him was apparently based on his continued legal practice, after a disciplinary committee of the Beirut Bar Association sought to disbar him for the second time in January of this year. Dr. Mugraby had lodged an appeal against the decision in March, which is yet to be heard. His appeal against a similar decision rendered in April 2002 by the disciplinary committee also remains pending. He has continued to practice law, to pay his annual bar association dues and to register his power of attorney at the bar. I am concerned that following the arrest of Dr. Mugraby, the case against him has been subject to several delays and he remains in custody, now in a prison in Roumieh. Moreover, judges scheduled to review the case have withdrawn or simply have failed to show up. The detention of Dr. Mugraby is in violation of Article 9 of the International Covenant on Civil and Political Rights, to which Lebanon is a party, concerning arbitrary detention. The prohibition on arbitrary detention contained in Article 9 is contravened where a person is arrested and detained due to their political views or for purposes of political persecution. Moreover, his arrest and continued detention are contrary to the United Nations Basic Principles on the Role of Lawyers, which stipulate that lawyers must be able to perform their professional functions without intimidation, hindrance, harassment or improper interference. The Principles further enunciate the importance of freedom of expression and state that lawyers have the right to take part in public discussion of matters concerning the law and the administration of justice. Finally, the United Nations Declaration on Human Rights Defenders recognizes the crucial role played by human rights defenders in any country, and requires that the work of individual human rights defenders and organizations be promoted, and that they be protected from reprisal. In order to comply with your obligations under international law, I urge you to ensure the immediate release of Dr. Mugraby and the dropping of all charges against him. Moreover, his appeals against the decision of a disciplinary committee of the Beirut Bar Association to disbar him should be heard and his situation resolved in accordance with the Legal Practice Organizational Code and other relevant legal standards. The provisions of the United Nations Basic Principles on the Role of Lawyers and the United Nations Declaration on Human Rights Defenders should be respected and all forms of harassment of Dr. Mugraby be ended immediately. Sincerely, Cc: Judge 'Adnan 'Addoum Prosecutor General Palace of Justice Beirut, Lebanon Fax: +961 1 422 957 His Excellency Bahij Tabbara Minister of Justice Ministry of Justice Rue Sami Solh Beirut, Lebanon Fax: +961 1 862 622 Remond Chedid President of the Beirut Bar Association Mathaf Beirut, Lebanon Fax: +961 1 427 982 H.E. Farid Abboud Ambassador Embassy of Lebanon to the United States 2560 28th Street, NW Washington, DC 20008 Fax: 202 939 6324. |
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