DEMAND THE RELEASE OF IMPRISONED LEBANESE
LAWYER MUHAMED MUGRABY

August 26, 2003

Human Rights First demands the immediate release of prominent Lebanese lawyer, Dr. Muhamed Mugraby, who has been imprisoned since August 8, in Beirut. Dr. Mugraby has been detained on the charge of “impersonating a lawyer,” following his continued legal practice after being disbarred by a discipline committee of the Beirut Bar Association. If convicted after trial on this charge, he may be sentenced to up to three years imprisonment.

Dr. Mugraby, who is a member of the International Bar Association and the International Association of Lawyers, is widely recognized for his work to stamp out corruption and to ensure accountability within the judicial system in Lebanon. As a result of his efforts to promote and protect basic rights, he has been subjected to harassment by the authorities for many years. Human Rights First believes that his arrest on August 8 is yet another attempt to silence him.

On the morning of August 8, Dr. Mugraby went to the department of criminal investigations, within the Ministry of Justice, following a summons delivered to him the previous day. When he arrived, he was questioned for four hours, concerning a complaint from the Beirut Bar Association that he had been “impersonating a lawyer,” a criminal offence. He was later taken into custody at the detention centre within the Ministry of Justice. The charge against him was apparently based on his continued legal practice, after a disciplinary committee of the Bar Association sought to disbar him for the second time in January of this year. However, such decisions of the committee are subject to appeal and are, indeed, not considered final decisions until the appeals process has been exhausted. Dr. Mugraby had lodged an appeal against the decision in March, which is yet to be heard. His appeal against a similar decision rendered in April 2002 by the disciplinary committee also remains pending. He has continued to practice law, to pay his annual bar association dues and to register his power of attorney at the bar.

Following the arrest of Dr. Mugraby, the case against him has been subject to several delays and he remains in custody, now in a prison in Roumieh. Judges scheduled to review the case have withdrawn or simply have failed to show up.

Human Rights First considers the continued detention of Dr. Mugraby to be in violation of Article 9 of the International Covenant on Civil and Political Rights, concerning arbitrary detention. The prohibition on arbitrary detention contained in Article 9 is contravened where a person is arrested and detained due to their political views or for purposes of political persecution. Moreover, his arrest and continued detention are contrary to the United Nations Basic Principles on the Role of Lawyers, which stipulate that lawyers must be able to perform their professional functions without intimidation, hindrance, harassment or improper interference. The Principles further enunciate the importance of freedom of expression and state that lawyers have the right to take part in public discussion of matters concerning the law and the administration of justice. Finally, the United Nations Declaration on Human Rights Defenders recognizes the crucial role played by human rights defenders in any country, and requires that the work of individual human rights defenders and organizations be promoted, and that they be protected from reprisal.