TRANSLATION

Decision by Appellate Panel Rejecting Mugraby's Appeal on a Formality

DECISION

The Twelfth Appellate Panel of Beirut
In Charge of Syndicate Cases

Upon examination and deliberation,

Whereas Dr. Muhamad Mugraby brought an appeal on 10/10/2003 against the decision dated 8/10/2003 rejecting his candidacy for the membership of the bar council and the position of president of the bar association that was deposited with the court of the association on Thursday 9/10/2003.

He petitioned at the end of his appeal that the appeal be admitted in form and that the appealed decision be vacated and his candidacy for the membership of the council of the bar association of Beirut be deemed accepted or to accept his candidacy for the membership of the bar council and the presidency of the bar association at Beirut.

He based his appeal on the following reasons:

1. The appealed decision is null and void because it was issued by the president of the bar alone without the rest of the council members.
2. In the alternative, violation of Articles 39, 47 and 47 of the Code on the Organization of the Legal Profession ("COLP").
3. Further in the alternative, the appellant is a lawyer duly registered on the general roll and violation of the presumption of innocence.
4. Furthermore in the alternative, violation of the principles of legality and sovereignty.
5. Furthest in the alternative, the error in treating the purported internal statutes of the bar association the force of law.

Accordingly,

As to form:

Whereas Article 48 COLP reads as follows: "The bar council shall verify that the candidacy fulfills the legal conditions and shall issue a decision to accept it or reject it before the tenth of October. Otherwise it is deemed accepted."

Whereas Article 49 of the same law provides that the decision to accept or reject the candidacy my be appealed by all interested parties within three days from the date the decision is deposited with the court of the association.

Whereas the appeal of the decision to reject the candidacy petition must be made against the authority that issued it, which is supposed to be the council of the bar association at Beirut in compliance with the aforementioned provisions. It is provided that the court of appeals shall rule on the appeal in camera.

Whereas the appellant did not direct his appeal to the decision, which rejected his candidacy, against the council of the bar association at Beirut, the appeal is therefore unacceptable as to form in which it was presented.

Whereas after rejecting the appeal as to form there is no need to consider the reasons thereof.

In Conclusion

Decides:

1) To reject the appeal as to form.
2) To order the appellant to pay the costs and to confiscate the provision.

Decision issued in camera on October 13, 2003.

Special Counselor Mizher     Counseler Elia     Chief Abu Nassif