Lebanese Prosecutor, Beirut Bar Association,
Collaborate to Deny Civil Rights to Human Rights Defender! 11.3.02
Dr. Muhamad Mugraby, a well-known Lebanese international lawyer
and human rights defender and advocate, is again under attack. This is not news, for it is
the ninth or tenth time it happens since 1994. The news is that this time the Beirut Bar
Association (“BBA”) is one of the attackers in open collaboration with a public
prosecutor.
On February 11, 2002, Dr. Mugraby was indicted by First Investigating Magistrate of Beirut
Hatem Madi for allegedly libeling and slandering the president and council of BBA (citing
Article 383 of the Penal Code which mandates a prison sentence of two months to one year).
After the indictment, the file was transferred to the Beirut criminal court and was no
longer secret. As a result, the following information was revealed to Dr. Mugraby for the
first time.
The charges were filed by assistant prosecutor Walid Al Qadi on November 19, 2001, based
on a complaint filed the same day on behalf of BBA by Michel Lian, the former BBA
president, demanding the arrest and prosecution of Dr. Mugraby. At that time Mr. Lian was
without authority to represent BBA because his term of office had expired. Mr. Lian
attached to his complaint:
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The reason for the press conference of October 17, 2001, was that CIJ was concerned that
Ms. Shmaisani was being targeted in an attempt to discredit her and preempt her testimony
in a corruption investigation on the suspicion that Shaitly, her former client, a fugitive
from justice bribed the three judges to gain his release on several arrest warrants but
without actually having been arrested. Shaitly confided this information to her and she
passed it to the authorities. A summary of this case is separately attached and can be
read at: http://www.cggl.org/publicdocs/mirzashmaisani/
Assistant Prosecutor Qadi and Investigating Magistrate Madi did not investigate
the Lian complaint, but accepted his allegations at face value. Dr. Mugraby did not appear
in the process. He addressed several memos to Madi demanding a copy of the complaint and
supporting documents in order to establish the basis of the charges and the identity of
the accuser and exercise the right of self-defense. He pleaded his professional immunity
as a lawyer and demanded evidence that the prosecutor applied to the president of BBA for
consent to prosecute pursuant to Article 79 of the law of the legal profession, that the
BBA Council did resolve to provide such consent, and that such resolution was provided to
me to enable him to file action to vacate it. These are the conditions of Article 79,
which is the cornerstone of Lebanese lawyers’ immunities judged by statute to be
necessary as the main safeguards of the rights of defense. Dr. Mugraby also raised a
number of procedural irregularities. Madi, with the support of Qadi, ignored all those
requests and pleas, made no response thereto, and issued his indictment.
What made things worse was that Dr. Mugraby, and in parallel with that process, had made
several formal requests in writing to the new president of BBA, Mr. Raymond Shdeed, to
provide him with copies of any motions or resolutions that might have been passed against
him by the BBA Council under Mr. Lian, so that he may exercise his rights. Shdeed made no
response and appeared to have endorsed Lian’s course. Lian remains a member of the
BBA Council.
On December 21, 2001, Dr. Mugraby filed a complaint with the chief public prosecutor of
Lebanon, Adnan Addoum, accusing Qadi and Madi of abusing their power and denying him his
civil rights, a felony under the Lebanese penal code. After the indictment, he filed a
supplement to the complaint naming Qadi, Madi and Lian as accused in the said crimes.
Furthermore, he filed action before the general assembly of the court of cassation based
on the state’s liability for the gross indiscretions of Qadi and Madi. Finally, he
filed action before the Beirut Civil Court against BBA, its past and present presidents
and its secretary, to declare that many of the acts and resolutions attributed to BBA
and/or its council are forgeries or absolutely null and void.
A graduate of Columbia Law School, and an international business lawyer, Dr. Mugraby is an
award recipient of Human Rights Watch, New York, cofounder of MIRSAD, a Lebanese human
rights NGO, Campaign for Integrity in the Judiciary (CIJ), Liberties Center, and Campaign
for Good Governance in Lebanon (CGGL).
WHAT IS MIRSAD CONCERNED ABOUT
MIRSAD is concerned that there appears to be ample evidence:
1. That BBA has abdicated its role of protecting lawyers and rights of defense in a case
of defense of the defense where a lawyer, Muhamad Mugraby, is defending another lawyer,
Azzat Shmaisani, while Ms. Shmaisani remains the main witness in a high profile corruption
case.
2. That key former and current officers of BBA have colluded with an assistant prosecutor
and an assistant prosecutor to deny a leading human rights defender and advocate, Muhamad
Mugraby, of his human and civil rights.
3. That the council of BBA covertly and knowingly collaborated with Lebanese prosecutors
in a scheme to deny lawyers their statutory rights of professional immunity. If they can
do it to Dr. Mugraby they can do it to any Lebanese lawyer or citizen.
4. That the long series of attempted prosecutions of Dr. Mugraby for his human rights
activities which started with the requests by the military prosecutor and the army
commander in 1994, and enhanced by a resolution of the High Council of the Judiciary in
the year 2000 has moved into a new and more dangerous phase with the involvement of BBA as
an adversary.
5. That some past and president officers of BBA are involved in a thin effort to cover-up
a major investigation of corruption in the judiciary.
6. That BBA is denying one of its leading members the freedom of speech and the right of
expressing legitimate criticism and grievance on behalf of a beleaguered colleague.
7. That the potential role of BBA as a major force of liberalism in the Lebanese civil
society has been aborted.
MIRSAD CALLS FOR IMMEDIATE ACTION:
Send emails, faxes and letters with the following or similar text:
“We call on you to defend and uphold the civil and human rights of Dr. Muhamad
Mugraby, a well-known human rights advocate working voluntarily to improve the conditions
of civil and human rights in Lebanon, and end all harassment as well as all actions
against him with the aim to harass.
We demand full investigation into the corruption case in Sidon in order to prosecute and
indict, or clear the judges and prosecutors suspected of being involved. Towards this end,
all harassment and acts of intimidation against Lawyer Azzat Shmaisani must end.
We deplore the transformation of the Beirut Bar Association’s potential role from one
of support for civil and human rights to one of collaborator against such rights, and call
upon all Lebanese lawyers and civil society leaders in Lebanon to act immediately to
uphold the original and natural role of the Bar. The Beirut Bar Association must
demonstrate, and abide by, high standards of integrity and respect for the rule of law in
order to be in a position to help the cause of rights and preach the same.
Please be advised that we will continue to watch the developments in this situation very
carefully and that, in the event you remain idle, we intend to intervene by all means
available to put an end to this abuse.”
To:
General Emile Lahoud
President of the Republic of Lebanon
Fax: +961-5-451217
Email: opendoor@presidency.gov.lb
Mr. Samir el Jisr
Minister of Justice
Fax: +961-1-611142
Email: minister@justice.gov.lb
Mr. Adnan Addoum
Prosecutor General
Fax: +961-1-427819.
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For further information or support, you are welcome to:
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The lawsuits that Dr. Mugraby filed will soon be on the web in Arabic. If you can help us
to translate them from Arabic to English and French please do not hesitate to contact us