Lawyers at risk – Continued action for Lawyer and human rights defender Dr al-Mugraby and lawyers Muhamed Mahmoud Fakih and Jihad Abu-Nader

AMNESTY INTERNATIONAL
INTERNATIONAL LEGAL NETWORK ACTION
Take immediate action
Lebanon
MDE 18/005/2004

The case against Muhammad al-Mugraby continues….

Dr Muhammad al-Mugraby is a prominent human rights lawyer in Lebanon. On 8 August 2003, Dr al-Mugraby was arrested and charged with "impersonating a lawyer." Earlier that year, Dr al-Mugraby was struck from the registrar of the Beirut Bar Association by an in absentia disciplinary proceeding which accused him of "harming and questioning the integrity of the judiciary and the credibility of the Beirut Bar Council". The decision is based upon complex findings of breaches of by-laws enacted by the Bar Association, including Dr. al-Mugraby's failure to obtain the approval of the President of the Bar to bring a case against him.

Dr Muhammad al-Mugraby, who had put his name forward as a candidate for the post of Chair of the Beirut Bar Association, has in recent years issued a number of statements in which he criticised sections of the judiciary and the Beirut Bar Association, and called for the reform of these institutions. He had conducted a number of cases defending victims of human rights violations, including Lebanese political detainees in Lebanon and Syria. According to Article 553 of the Code of Civil Procedures the decision to strike him from the register was subject to appeal, and would become final only after the defendant has exhausted all means of appeal. Dr al-Mugraby appealed against the decision and while waiting for the outcome continued to practice law as a lawyer and to represent his clients before the court with the knowledge of the Beirut Bar Association.

Following his arrest and detention in August for "impersonating a lawyer", Amnesty International declared him to be a prisoner of conscience and the International Legal Network issued an action calling for his immediate release noting that as a lawyer he is entitled to exercise his right to freedom of expression and association in accordance with Article 23 of the UN Basic Principles on the Role of Lawyers:

"Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession."

Furthermore, while his appeal was pending he was entitled to continue practicing law under national law and Article 28 of the UN Basic Principles on the Role of Lawyers:

"Disciplinary proceedings against lawyers shall be brought before an impartial disciplinary committee established by the legal profession, before an independent statutory authority, or before a court, and shall be subject to an independent judicial review."

Dr Muhammad al-Mugraby was released on bail on 29 August 2003 and the charge of "impersonating a lawyer" was reportedly dropped. Although the Beirut Bar Association were given 24 hours to appeal the decision, it did not do so. However, the President of the Bar, Remond Chedid, reportedly stated that Dr. al-Mugraby would still be prosecuted if he practised law, and that he cannot stand for election to be President of the Bar Association. Mr Chedid reportedly circulated letters to the courts calling for Dr al-Mugraby to be prevented from practicing law.

In October 2003, Dr al-Mugraby appealed the decision of the Beirut Bar Association before the 12th Appellate Panel of the Civil Court of Beirut. Mr al-Mugraby had appointed two lawyers from his firm, Muhamed Mahmoud Fakih and Jihad Abu-Nader to represent him. In accordance with restrictive by-laws imposed by the Bar Association, the lawyers had to apply for permission from the Bar Association in the appeal against their decision. This was eventually granted, however the Beirut Bar Association brought disciplinary proceedings against the two lawyers for working on the case while permission was pending. They were suspended for two months and were therefore not able to represent him during the hearing violating the lawyers' right to discharge their professional duties as well as a violation of Dr. al-Mugraby's right to be represented by counsel of his choice. Despite the fact that the suspension period finished on 31 December Mr Fakih and Mr Abu-Nader continue to face obstacles, including being ordered to leave the law firm where they practice with Mr al-Mubraby. Such a requirement clearly violates Articles 16 and 18 of the UN Basic Principles on the Role of Lawyers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics.

18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

Observers present at the hearing from the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists raised serious concerns that Dr. al-Mugraby did not receive a fair trial, including that he was denied legal representation, he was not provided with all documents submitted by the Bar Association and judges on the panel also serve as prosecutors in the military justice system - their independence and impartiality is therefore compromised, particularly given that Dr al-Mugraby has had a number of cases before the military courts.

The hearing was adjourned and is currently awaiting scheduling. In the meantime, Dr. al-Mugraby has reportedly appointed Dutch lawyers to represent him.

As part of a concerted effort to harass Dr. al-Mugraby, members of his family and close associates have been threatened and prosecuted as well. In particular, it is reported that when Dr. al-Mugraby was in detention, a former member of the Council of the Bar Association contacted Dr. al-Mugraby's wife and threatened her that Dr. al-Mugraby would remain in jail for three years unless he abandoned his human rights activities and agreed to apologize to the President.

RECOMMENDED ACTION FOR ALL LEGAL NETWORK MEMBERS:

1. Write letters to the President, the Minister of Justice and the President of the Beirut Bar Association.

All International Legal Network members are urged to send letters, in their capacity as lawyers, to the above officials reiterating Amnesty International's concerns that the charges against Dr Muhammad al-Mugraby are based on his practising his right to freedom of expression, requesting that his appeal is considered by a fair, impartial and independent judicial authority, that he be permitted to have the legal counsel of his own choosing, and that he be permitted to continue to practise law, pending a final decision on this appeal.

Members may use the model letter below or write individual letters. Members are also urged to keep a copy of their letter for their own records, in case further action is required on this case. See the address list below for addresses and fax numbers.

2. Bring the case to the attention of your national bar association or other professional legal bodies, and urge them to write letters to the Beirut Bar Association.

Feedback - Register your action

So that we can measure the amount of action that the International Legal Network has taken on this case, all individual members that send letters, are also requested to send an email to the Network Coordinator: ilnaction@amnesty.org writing 'Lebanon update 1' as the title and including your name, section and lawyers group in the email. Your action will be registered on the total number of letters sent at the top of the action.

Send the ILN Coordinator any replies you receive.

If you receive a reply to any of your letters, please send a copy to:

Jonathan O'Donohue
International Legal Network Coordinator
Amnesty International
1 Easton Street
London WC1X 0DW
UNITED KINGDOM
Fax: (44) 207 956 1157

We will ensure that this important information is posted on the website and circulated to other members of the Network to assist in their action. It will also be forwarded to the Research and Campaign Team.

Model letter

Dear

As a lawyer in [your country], I am writing to [again] express my concern at the treatment of lawyer and human rights defender Dr. al-Mugraby, who has been struck from the Beirut Bar Association's registrar and is being prevent from practicing his profession for exercising his freedom of expression. I am particularly concerned by reports that his appeal against these charges falls below international fair trial standards and urge you to address this situation immediately.

In January 2003, Dr al-Mugraby was struck from the registrar of the Beirut Bar Association in absentia disciplinary proceedings having been accused of "harming and questioning the integrity of the judiciary and the credibility of the Beirut Bar Council". Dr al-Mugraby appealed this decision and continued to practicing law while the appeal was pending. In August, he was arrested and charged with "impersonating a lawyer". In response Amnesty International adopted him as a prisoner of conscience. He was released after 3 weeks, however the then President of the Bar Association took steps to ensure that he could not continue to practice, in violation of Article 553 of the Code of Civil Procedures and Article 28 of the UN Basic Principles on the Role of Lawyers which require "an independent judicial review" of disciplinary proceedings.

I am deeply concerned to learn that following his release, Dr. al-Mugraby has been obstructed in his appeal and the first hearing which took place in October has been strongly criticized by observers the Centre for the Independence of Judges and Lawyers of the International Commission of Jurists who concluded that he did not receive a fair trial by an independent and impartial tribunal.

In particular, in violation of Article 3 of the International Covenant on Civil and Political Rights he was denied representation from a lawyer of his choice. His appointed lawyers Muhamed Mahmoud Fakih and Jihad Abu-Nader were suspended for work they had conducted on the case before permission was granted by the Beirut Bar Association to represent him. Upon completion of their suspension they were told that they would have to leave the law firm where they work with Dr. al-Mugraby. The treatment of these lawyers is in clear violation of Article 16 and 18 of the UN Basic Principles and I urge you to ensure that immediate steps are taken to ensure that they can conduct their profession without further hinerance :

16." Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (c) shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics. "

18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions.

Furthemore, it is concerning that two judges also serve as prosecutors in military courts where Dr. al-Mugraby regularly defends cases and that he reportedly was not presented with all documents relevant to his case.

I call upon you to ensure that Dr. al-Mugraby's appeal is conducted before a fair, impartial and independent judicial authority, that he be permitted to have the legal counsel of his own choosing, and that he be permitted to continue to practise law, pending a final decision on this appeal.

In closing, I would like to highlight that it is most concerning that the proceedings against Dr. al-Mugraby originate from his exercise of the freedom of expression. This right is expressly guaranteed for lawyers in Article 23 of the UN Basic Principle of the Role of Lawyers, and I urge you to ensure that this right is guaranteed for the whole legal profession in carrying out their essential duties

Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.

Yours sincerely,

Appeals to:

His Excellency President Emile Lahoud
Office of the President
Baabda Palace
Baabda, Beirut
Lebanon
Fax: + 961 1 425 391
Telex: 21000

His Excellency Bahij Tabbara
Minister of Justice
Ministry of Justice
Rue Sami Solh
Beirut
Lebanon
Fax: +961 1 862 622 (ask to send a fax on answer)

President of the Beirut Bar Association
Salim 'Usta
Beirut Bar Association
Mathaf
Beirut, Lebanon
Fax: +961 1 427 982