Law Society of England & Wales Letter to Lahoud

From the President

His Excellency President Emile Lahoud
Office of the President
Baabda Palace
Baabda
Beirut
Lebanon

BY FAX AND POST: 00 961 1 425 393

26 August 2003

Your Excellency,

The Law Society is the professional body representing more than 110,000 solicitors in England and Wales. It is concerned to see the independence of the legal profession, the rule of law and human rights upheld throughout the world.

We are very concerned about the arrest of lawyer Dr Muhammad al-Mugraby, whom we are informed has been held at a detention centre in the Justice Palace compound in Beirut since 8 August for his alleged "impersonation of a lawyer".

We are informed that Dr al-Mugraby, who has 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 has criticised sections of the judiciary and the Beirut Bar Association, calling for the reform of these institutions.

As a result of these statements, we understand that the Bar Association of Beirut started disciplinary action against Dr al-Mugraby accusing him of issuing leaflets and memoranda with the purpose of "harming and questioning the integrity of the judiciary and the credibility of the Beirut Bar Council".

We are furthermore informed that on 17 January 2003, a disciplinary board of the Beirut Bar Association issued a unanimous decision striking off the name of Dr al-Mugraby in absentia from the register of the Bar Association. We understand this decision is subject to appeal and becomes final only after the defendant has exhausted all means of appeal, according to Article 553 of the Code of Civil Procedures. Dr al-Mugraby appealed against the decision and is still waiting for the outcome. In the meantime, we understand he has continued to practise law as a lawyer and to represent his clients before the court with the knowledge of the Beirut Bar Association.

In this context, we would draw your attention to Article 23 of the United Nations Basic Principles on the Role of Lawyers (1990) which states that:

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 organiations 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.

We are also very concerned to learn that the authorities have arrested Dr al-Mugraby while his appeal against the Beirut Bar Association's decision to strike off his name from the Bar register is still pending. We are informed that this is contrary to the Beirut Bar Association regulations and international standards governing the legal profession.

In this context, we would draw your attention to Article 28 of the United Nations Basic Principles on the Role of Lawyers (1990) which states that:

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

On behalf of the Law Society, I respectfully urge you to order the immediate release of Dr al-Mugraby, to stop all future prosecutions in this regard and cease all acts of harassment and intimidation against him.

Yours sincerely,

Peter Williamson
President