After His Return to Lebanon,
Dr. Mugraby Rejects New Prosecution Attempt For His Testimony Before the European Parliament
Mugraby: Their Determination to Violate My Rights Is what Causes Harm to the Reputation of Lebanon

Beirut, February 16, 2004

During the recent absence of attorney Dr. Muhamad Mugraby from Lebanon in the earlier part of February on a private trip, his office in Beirut received several alarming calls from a security agency. Moreover, a woman who works at the office was subjected to pressures from official security elements to supply them with information on Dr. Mugraby. Nevertheless, Dr. Mugraby has returned to Beirut, fully aware of the said developments.

Dr. Mugraby further became aware that the security agency in question is under instructions by authorities that wish for him to be interrogated on the substance of his testimony before the European Parliament in Brussels in early November, 2003, on the charge that it was allegedly "harmful to the reputation of Lebanon abroad," as a prelude to placing him under arrest once more.

Consequently, and after his return to Beirut, Dr. Mugraby issued the following statement:

"My testimony before the European Parliament was public and recorded in the Parliament's minutes. Should a competent local prosecutor wish to go after me on the basis of its substance, such prosecutor may charge me before a competent penal judge or investigating judge, but only after fully complying with the provisions of Article 79 of the Code on the Organization of the Legal Profession ("COLP"), which require the advance permission of the council of the Bar Association. This alone would allow me to utilize all the means of defense provided by law, i. e. after I am duly notified of the substance of the allegations against me in accordance with the rules of the Code of Penal Procedure.

The way I was arrested and detained last August was unlawful and may not be repeated. It gave rise to a large number of legal proceedings including seven actions before the court of cassation and its general panel and two actions before the conseil d'etat. Naturally, I continue to hold on to my professional immunity under Article 79 COLP. The whole range of the issues involved, including but not limited to my continued practice of the legal profession freely and other rights stemming from the Lebanese Constitution, the Universal Declaration of Human Rights, the international rules and conventions as to the role of attorneys and the rights of defense, and especially my right to the presumption of innocence, is now being examined by the cassation judges comprising the supreme court.

It is certainly unlawful for the authorities to try to open a shortcut, through the improper use of security agencies playing the role of the investigating judge, and without first complying with Article 79 COLP or recognizing the rules of the Code of Penal Procedure pursuant to which an investigating judge must perform his duties and protect the rights of defense.

A new official attempt to violate my lawful rights, through the use of security agencies, and preempt the decisions of the court of cassation and its general panel, is what will harm the reputation of Lebanon abroad. For this reason, the team of the Netherlands lawyers charged with my defense has just addressed a letter to the Bar Association requesting that no new permission for my prosecution be granted."