A Release from the Center for Democracy & the Rule of Law
info@cdrl.org
Lebanon's Military Tibunal declares itself competent to try Dr. Mugraby for his testimony before the European Parliament, defying treaty obligations and Article 19 human rights, while
Beirut, March 20, 2006: The Military Tribunal of Lebanon held a hearing this morning, Monday, March 20, 2006, in Beirut, in the charges brought by the military prosecutor against lawyer Dr. Muhamad Mugraby for having allegedly "defamed the military establishment and its officers" in a testimony given by Dr. Mugraby in the European Parliament, Brussels, on November 4, 2003, by special invitation of its Mashrek Delegation. The testimony and the questions and answers had centered on the conditions of human rights in Lebanon and the region.
The tribunal, headed by Army Brigadier General Nizar Khalil pronounced its ruling on the procedural defenses presented ten days earlier by the defendant and decided to reject them all. Those defenses were:
Lack of territorial jurisdiction as the alleged offence did not take place on Lebanese territory or on territory occupied by the Lebanese Army.
Action may not be received under Article 79 of the Code Organizing the Legal Profession because it was brought against a practicing attorney and the council of the bar association did not provide permission to prosecute as requested by the military prosecutor.
Prosecution violates Lebanon's treaty obligations with the EU and international law.
Lack of a prosecutable offense.
Investigation and charging proceedings gravely flawed.
Dr. Mugraby was not present at the hearing but represented by attorneys from his law firm. The defense lawyers indicated their wish to appeal the decision and the case was adjourned to April 17, 2006.
Dr. Mugraby announced that he will hold a press conference on March 23, 2006, at 11:00 AM at Liberty House, Ras Nabaa, Beirut.
Several international human rights organizations had strongly protested the prosecution had announced their support for Dr. Mugraby, and demanding that his trial be cancelled. Those organizations included Amnesty International, International Commission of Jurists, Human Rights Watch, and Article 19 Organization. On February 9, 2006, parliamentary leaders from the European Parliament, including the head of the subcommittee on human rights, addressed a letter to the Lebanese government demanding that all charges against Dr. Mugraby be dropped. Mr. Joe Stork of Human Rights Watch said in a statement that Dr. Mugraby's prosecution casts doubt on Lebanon's commitment to human rights reform. Ironically, Mr. Fouad Siniora, prime minister of Lebanon, is due in Brussels today for talks on European economic aid for the country.
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