WRITTEN QUESTION P-2617/03 by Emma Bonino (NI) to the Commission. Infringements of legality in Lebanon.
Date: 2003-08-25
Institutions: European Parliament, Provisional data
Subjects: EU relations, Lebanon, association agreement (EU), human rights, independence of the judiciary, rule of law

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Official Journal of the European Union

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(2004/C 88 E/0427)

WRITTEN QUESTION P-2590/03

by Claude Moraes (PSE) to the Commission

(4 August 2003)

Subject: Situation in Liberia

What is the EU’s involvement in relation to the current situation in Liberia in terms of representations
from the Commission or the EU’s CFSP High Representative Javier Solana?

Answer given by Mr Nielson on behalf of the Commission

(9 September 2003)

The main objective of the Union’s approach to the region is to contribute strategically to peace, security
and stability. To this end, the Union participates in the International Contact Group for Liberia (ICGL)
through the Special Representative of the Presidency for the Mano River Union, Mr Dahlgren as well as the
Commission.

The Presidency and the Commission participate at the Ecowas led peace talks for Liberia in Accra as
observers. Further political support to the talks is provided by the Union declarations of 13 June 2003,
23 June 2003, 21 July 2003 and 28 July 2003. The Community contributes financially to the talks in the
amount of EUR 390 000 and a request for further financing is under consideration. The Commission is
exploring the legal and financial possibilities to contribute to the peace process. In the light of a fact
finding mission to Accra and Abuja (1 to 8 August 2003) the Commission proposed urgent support to
some components of the Ecowas peace mission in Liberia by re-programming the European Development
Fund (EDF) financing for Liberia, following the procedure of Article 96 of the Cotonou Agreement. A
financing proposal is currently under preparation. Finally, the Commission’s Humanitarian Office provides
humanitarian relief in the form of health, nutrition, protection and water and sanitation projects in Liberia.

(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:

(cid:1) 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;

(cid:1) the disciplinary council of the Beirut Bar Association decided to strike his name off the register for

political reasons on 17 January 2003;

(cid:1) 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);

(cid:1) the appeal lodged by Dr Mugraby against the disciplinary measure is still pending (Appeal No 222/

2003); but

(cid:1) the Beirut Bar Association has nevertheless accused him of ‘impersonating a lawyer’; and

(cid:1) the judiciary has ordered him to be detained, without having obtained authorisation to prosecute him;

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(cid:1) the actions taken against him seem to be politically motivated and designed to hinder his work as an

upholder of the rule of law;

(cid:1) 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;

(cid:1) 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:

(cid:1) whether it is aware of the serious infringements that have occurred in the administration of justice in

Lebanon;

(cid:1) 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;

(cid:1) 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 re-
established, 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 co-
operation 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.