EN Official Journal of the European Union CE 88/420

(2004/C 88 E/0428)

WRITTEN QUESTION P-2617/03

by Emma Bonino (NI) to the Commission

(25 August 2003)

Subject: Infringements of legality in Lebanon

Knowing 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); but

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

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

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

— 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 and 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 Commission 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?

Answer given by Mr Patten on behalf of the Commission

(16 September 2003)

The Commission is well aware of the arrest of the Lebanese human rights lawyer Dr Muhammad Mugraby on 8 August 2003. He has now been released, pending resolution of the case. The Commission's Delegation in Beirut is following the case closely, in liaison with Member States.

The Commission views very seriously infringements of the rule of law and of the principles of human rights and democracy, principles which the Lebanese Government has accepted in the recently signed Association Agreement.

It is for this reason that the Commission presented its recent Communication to the Parliament and Council on reinvigorating Union actions on human rights and democratisation with its Mediterranean partners (1). This allows the Union to redouble its efforts at dialogue with the signatories to the Barcelona Declaration on human rights issues, and to reinforce funding of co-operation in such areas as the judiciary, rule of law, and strengthening of civil society. The Commission believes that a positive, incentive-based approach is the most effective and productive way to assist its partners to achieve levels of practice in the application of the rule of law consistent with the Barcelona Declaration, and with article 59 of the Association Agreement. The ten measures listed in the Communication spell out in distinct, action-based steps how the Commission and the Union intend to consolidate and intensify political dialogue and cooperation on human rights and democracy with Lebanon, as well as with the other partner countries in the Euro-Mediterranean area, without prejudice to the Union's right to speak out on specific human rights cases whenever violations occur.

The Commission will continue to consult closely with the Presidency and Member States regarding the actions of the Bar Association of Lebanon, and as the Lebanese authorities pursue their case against Dr Mugraby.

(1) COM(2003) 294 final.