EN Official Journal of the European Union CE 78/750

(2004/C 78 E/0798)

WRITTEN QUESTION E-2652/03

by Emma Bonino (NI), Marco Cappato (NI), Benedetto Della Vedova (NI), Gianfranco Dell'Alba (NI), Olivier Dupuis (NI), Marco Pannella (NI) and Maurizio Turco (NI) to the Council

(10 September 2003)

Subject: Infringements of legality in Lebanon

Given that:

— the lawyer Muhammad Mugraby, aged 64 and a well-known defender of human rights and the independence of the judiciary, was arrested in Beirut on 8 August 2003;

— the disciplinary council of the Beirut Bar Association decided to strike his name off the register for political reasons on 17 January 2003;

— the decision does not become final until the accused has exhausted all possibilities of appeal (Articles 553, 563 and 111 of the Lebanese Civil Code and Article 28 of the UN's Basic Principles on the Role of Lawyers);

— the appeal lodged by Dr Mugraby against the disciplinary measure is still pending (Appeal No 222/2003);

— the Beirut Bar Association has nevertheless accused him of ‘impersonating a lawyer’;

— the judiciary has ordered him to be detained, without having obtained authorisation to prosecute him.

Considering that:

— the actions taken against him seem to be politically motivated and designed to hinder his work as an upholder of the rule of law.

Knowing that:

— the Republic of Lebanon is a member of the Euro-Mediterranean Partnership and signatory to the Final Declaration of the Euro-Mediterranean Ministerial Conference held in Barcelona on 27/28 November 1995, in which the parties undertake to introduce the rule of law and democracy into their political systems;

— relations between the Republic of Lebanon and the European Community are defined in a bilateral agreement ratified in December 2002, which is based on ‘respect of democratic principles and fundamental human rights as set out in the Universal Declaration on Human Rights’ (Article 2) and in Article 59 stresses the importance of the rule of law and the proper functioning of institutions, as well as an independent judiciary and the correct practice of the legal profession.

Can the Council say:

— whether it is aware of the serious infringements that have occurred in the administration of justice in Lebanon;

— whether it does not consider that these infringements are incompatible with the agreements governing relations between the European Union and the Republic of Lebanon, in view of the provisions of Articles 2 and 59 of the above-mentioned agreement;

— whether it intends to take any measures in accordance with Article 86(2) of the EC-Lebanon Agreement, and if so which, to ensure that respect for the rule of law and correct procedures is reestablished, in accordance with the strategies and commitments which the Commission says it has adopted in paragraph 6.6. of the Country Strategy Paper for Lebanon 2002-2006, outlining the Community's policy for the countries belonging to the Euro-Med partnership?

Reply

(4 March 2004)

The Council shares with the Honourable Members the concerns expressed in their question and is keeping a close watch on human rights issues in Lebanon. On several occasions approaches have been made to the Lebanese authorities to raise specific cases.

On 17 June 2002 the European Union signed an Association Agreement with Lebanon, and it is currently in the process of being ratified by the Member States. The Interim Agreement on trade-related matters, which was concluded at the same time, entered into force on 1 March 2003. Once the Association Agreement applies, the possibilities for monitoring human rights issues will be enhanced, on the basis of Article 2 of the Agreement which stipulates that relations between the Parties will be based on respect for democratic principles and fundamental human rights as set out in the Universal Declaration of Human Rights. These issues will then be the subject of an institutionalised political dialogue, which will take place regularly at all levels. Until the Association Agreement enters into force, the European Union is not able to invoke Article 86.

The European Union will seek to improve the human rights situation in Lebanon, by establishing a regular ongoing dialogue with the Lebanese authorities. It is planned to hold a Cooperation Council with Lebanon in the first half of 2004. On that occasion, the European Union does indeed intend to raise these issues within the political section of the meeting.