Summary of Recent Developments in the Cases of
Dr. Muhamad Mugraby
Since the Withdrawal of the Syrian Army from Lebanon
Nothing Changed!

Beirut, July 5, 2005

1. Under pressure from the Security Council pursuant to Resolution 1559, the Syrian Army withdrew from Lebanon on April 26, 2005. On March 14th the Omar Karami cabinet, where Chief Public Prosecutor Adnan Addoum held the justice portfolio, resigned and a new cabinet under Najib Mikati was formed a month later with Khalid Kabbani, a Conseil d'Etat judge nominated by the Hariri family, holding the justice portfolio. Shortly thereafter, Addoum was sacked as chief prosecutor and replaced by Said Mirza, another Hariri nominee.

2. On May 17, 2005, the Conseil d'Etat, presided over by Ghalib Ghanem (who aspires to be appointed to succeed Khouri), issued one decision in the two Mugraby cases against the Minister of Justice and the Chief of the Higher Judicial Council which aimed at striking down the circular by Chief Judge Khouri of September 3, 2003. The Conseil held that the circular was without legal force, and, instead of striking it down, it dismissed the two actions.

3. On May 30, 2005, Judge Hani A. M. Hajjar in Beirut issued a judgment dismissing Mugraby's action for damages against BAB based on Article 72 CCP, the right to which arose from the dismissal by the court of cassation of the wrongful indictment against Mugraby using Article 111 COLP.

4. On July 5, 2005, the same Judge Hajjar, sitting in the main case against Mugraby in which he was arrested in August, 2003, refused to rule on the procedural exceptions filed by Mugraby on April 14, 2005, pursuant to the rights of defense provided by Articles 157 and 73 CCP. Instead, Hajjar summoned Mugraby for interrogation on December 20, 2005.

5. Mugraby had addressed, on November 24, 2003, a memo to the Chief of the Judicial Inspection Bureau complaining of the Khouri Circular. This was followed by many reminders. The most recent reminder in writing was filed on June 20, 2005, enclosing a copy of the Conseil d'Etat decision of May 17th and of opinion of September 30, 2003, by the advisory unit of the Ministry of Justice which had also agreed that the Khouri circular was legally invalid. In the light of the two said opinions, Mugraby requested the Chief of the Judicial Inspection Bureau, June 20, 2005, to send the judges and clerks a memo or a circular advising them of the invalidity of the Khouri circular. So far nothing happened.

6. On July 6, 2004, Mugraby filed action against BAB and its former chief Chedid in Beirut for damages arising from the violation of the confidentiality of disciplinary and penal proceedings and for slander. A $200 filing fee was assessed by the judge on July 12, 2004, but the clerk, under orders from unknown sources, refused to issue the order to receive payment. Under CCP, no action can be finally registered and proceed without paying the filing fee or the like. Many protests and complaints were made to the Judicial Inspection Bureau and the Minister of Justice. A notice of intent to litigate was served on the Minister on January 25, 2005. Two months lapsed without a response. Action was filed with the Conseil d'Etat on May 26, 2005.