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We Have Won the Battle, but Not the War Sarah Richani, ARTICLE 19 Middle East and North Africa Programme

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We Have Won the Battle, but Not the War Sarah Richani, ARTICLE 19 Middle East and North Africa Programme We have won the battle, but not the war Sarah Richani, ARTICLE 19 Middle East and North Africa programme BEIRUT—‘Charges dropped. The statements made were not defamatory.’ This is how the Lebanese Military Court of Appeal chose to end the defamation case against human rights lawyer Dr. Muhammad Mughraby a mere two days before the trial date. Dr. Mughraby was charged for allegedly ‘slandering’ the Lebanese military establishment during a meeting with the European Parliament nearly three years ago where he criticised the The demonstration outside the military inadequate legal training of the military court’s court in Beirut. judges. The remarks made, needless to say, are a legitimate exercise of his freedom of expression which is protected by the Lebanese Constitution’s Article 13 and Article 19 of the ICCPR to which Lebanon is a party. This breach heralded in Amnesty International and ARTICLE 19, Global campaign for Free Expression who launched an international campaign on behalf of the lawyer. The two organizations released a joint letter that called on the Lebanese government to drop the illegitimate charges made against him. ARTICLE 19 also issued a press release that denounced the use of slander provisions which criminalize criticism of official bodies and deplored the use of the military court system for the trial of civilians. Trial Date The unexpected turn of events two days prior to the trial date did not thwart the plans set up by Dr. Mughraby’s Centre for Democracy and The Rule of Law for a peaceful demonstration outside the court protesting the charges. House of Commons MP Julian Brazier, Mustapha Bachouchi of the Algerian Bar, Wilhelm van Manen and Leo Spigt of the Dutch Lawyers for Lawyers foundation and Article 19’s Middle East and North Africa programme representative were on the scene to express their ongoing support for safeguarding freedom of expression in Lebanon and Dr. Mughraby’s particular cause. ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660 Web: www.article19.org / Email: [email protected] Unlike the ‘spring uprising’ that took Beirut by storm a year ago following the Hariri assassination; the demonstration outside the military court in Beirut was by far less immense. A throng of human rights activists, NGO representatives and lawyers assembled peacefully with banners that lamented the absence of the Lawyer’s Union and reminded of Article 13 of the Lebanese constitution. The peaceful protest was followed by a brief press conference at Beirut’s Hotel Le Meridien Commodore. “Lebanon has passed an important test”, said English MP Julian Brazier regarding the outcome of the case. ARTICLE 19’s Executive Director Dr. Agnes Callamard, for her part, stressed the importance of honouring Article 19 of the Universal Declaration of Human Rights (UDHR) and of the International Covenant on Civil and Political Rights (ICCPR) to which Lebanon is a party. “The trial of Dr. Mughraby sends out a negative message to the international community as to Lebanon’s commitments to change and democracy”, she said. Lebanon and Human Rights In spite of these glitches, however, Lebanon’s human rights record in a region parching for the most intrinsic freedoms remains stellar. Lebanon is the oldest democracy in the Middle East and a founding nation of the United Nations which contributed to the drafting of the Universal Declaration of Human Rights. But, Lebanon has also had its share of human rights violations undoubtedly due to its turbulent history that has been fraught with conflict. The freedom and power of the press that is protected by the constitution, has, in spite of heavy costs, underpinned Lebanon’s democracy. Since its independence in 1943, a number of journalists have been targeted and assassinated. This last year alone, a number of prominent journalists who wrote openly against the Syrian oppressive regime and its meddling in Lebanese politics, were under attack. Anti-Syrian professor, historian and columnist, Samir Kassir, was assassinated by a bomb planted in his car on June 2 nd , 2005. In October of the same year, the now-maimed Lebanese journalist and recipient of the UNESCO’s World Press Freedom Day award for the year 2006, May Chiddiac, survived an attempt on her life. Two months later, Gebran Tueni, prominent Beirut MP and editor of Annahar, the newspaper Kassir wrote for, was also killed in a similar way. Where to from here In spite of these recent killings, which many Lebanese blame on the Syrian regime, and the repeated attempts at silencing the truth, whatever the word connotes, the Lebanese have held their ground and vowed to continue the legacy left to them by the many martyrs and to, as Dr. Mughraby put it, “achieve freedom by freely practicing freedom.” Meanwhile and as Dr. Mughraby awaits two pending charges targeting his legitimate work in defence of human rights, this small yet vital victory gives human rights campaigners and advocates a little to celebrate. ARTICLE 19, 6-8 Amwell Street, London EC1R 1UQ Tel: (+44) 20 7278 9292 / Fax: (+44) 20 7278 7660 Web: www.article19.org / Email: [email protected] .
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