Beirut, March 23: Dr. Muhamad Mugraby called for securing the fundamental constitutional and human rights of all Lebanese and all residents of Lebanon beginning with the right to knowledge, the right to justice and the right to free expression. Dr. Mugraby was addressing a press conference, held on March 23, 2006, at Liberty House, Beirut, in which he reacted to the decision of March 20th by the military court of Beirut, headed by an army brigadier general, upholding its jurisdiction over charges brought against Dr. Mugraby arising from his testimony on the conditions of human rights in Lebanon, at the European Parliament, Brussels, on November 4, 2003, i. e. two and a half years ago.

This matter is directly related to the very essence of the state of knowledge, justice and freedom of expression", asserted Mugraby who is a well known human rights advocate and defender and leader of several civil society organizations with human rights and democracy agendas. The European Union, which is bound to Lebanon by two international treaties that obligate all their parties to fully uphold and respect human rights, made several official objections to the Lebanese Government over Dr. Mugraby's referral to the military court, including a letter on behalf of the European Parliament. In addition, the Lebanese Society of Human rights issued a statement and member of the European Parliament, Paolo Casaca, issued two interrogatories to the European Commission and the European Council. Finally, the British MP, Mr. Julian Brazier, who is a friend of Lebanon, issued a statement which he has asked Dr. Mugraby to read and he read at the press conference:

"Over the past few years, many of us who regard ourselves as friends of Lebanon have been encouraged by Lebanon's progress towards freedom and democracy. This ruling represents a severe setback. If the trial now convicts Muhamad Mugraby, it will be an insult not just to the European Parliament but all parliaments in Europe. Politicians and lawyers alike will be horrified. I do hope that, at this 11th hour, the Lebanese authorities will draw back from this unwise prosecution".

Dr. Mugraby pointed out that there are two other prosecutions against him before the regular penal courts. Moreover, nearly ten prosecution attempts have targeted him since the mid-nineties of which he already succeeded in defeating some and the others remain in suspense due to litigation before the court of appeal. More significantly, there exists what Dr. Mugraby called a wanton and desperate attempt to stop him from practicing law, with the aim of shutting down his law firm, by reason of his human rights activity.

Questioning the motives for the continuing official "war" against him, Dr. Mugraby had this to say: "Some find an explanation for the war in progress against me for the past years in that I was in strong conflict with the regime, symbolized by a multitude of politicians and high office holders, including one former high public prosecutor, and supported by Syrian power. If so, what explains the continuation of this war after that man left his office and the Syrian troops went home?"

Turning to the role of the Lebanese political establishment, Dr. Mugraby explained that for tens of years, the political establishment has found, or consciously made, itself prisoner, and made the entire Lebanese nation prisoner, within walls constituted by certain big headlines which he calls "the officially recognized headlines", in contrast with the issues which he raised and continues to raise which may be called "the forbidden issues." From the early seventies the officially recognized issues have been exclusively covered in the media and exclusively debated by nearly the same participants as today in numerous conferences, held in Lebanon and abroad, under the slogan of "national dialogue". The last of such meetings is currently taking place in Beirut. Those "official topics" have been and continue to be rooted in the Palestine question, the arms of Palestinian organizations, the Arab-Israeli conflict, imperialism, international resolutions, the Arab or Islamic national cause, the American or French roles, and the relationship of all the foregoing to the internal communal balance of power and the business interests and wars of the spokesmen for the various communities and their religious establishments. "Today", Dr. Mugraby added "the foremost topics on the agenda are Resolution 1559 et seq and the investigation into the assassination of Hariri and the other horrendous crimes that took place in association therewith or following thereof.

"I do not deny at all the importance of the above mentioned topics and the issues associated therewith", he emphasized. "What I object to is making them exclusive both as to subjects and to participants and I deplore shackling the Lebanese people therewith in a charged and tense atmosphere largely created by a managed media campaign. For such exclusivity constitutes an unacceptable form of tyranny over other national and human issues that are not less important and could, I submit, rank higher in the order of priorities. My advocacy of such "forbidden" issues helped provoke my prosecution before the military court, earlier prosecutions and prosecution attempts and the cruel war being waged on me', he said.

Dr. Mugraby provided his "practical and simple" definition of each of what he called the "forbidden issues" as follows:

The issue of knowledge: This embodies securing the right of the Lebanese to opportunities of high learning which would open to each of them the doors of jobs, income and a decent standard of living in Lebanon or abroad. He called for developing the Lebanese University removing all discrimination based on the variation in the financial ability to fund higher education through introducing an ambitious program for national scholarships and long term student loans with easy terms.

The issue of justice: How to guarantee the right of the Lebanese to enjoy the security provided by the protection of law, the rule of law, and equal application of the law, through judges who are qualified as to education, training, and morality, with the requisite neutrality, and subject to the international standards of oversight and accountability. There could be no justice without equality, Dr. Mugraby emphasized, adding: " It is undeniable that the influence of the political bosses of Lebanon has been founded on the concept of absence of justice and the need of many people for such bosses in the interest of their self-defense".

The issue of freedom of expression: This issue includes all fundamental national and human issues particularly those related to the protection and defense of other constitutional and human freedoms and rights. Hence it ranks high among freedoms and rights. Without the freedom of expression knowledge is restricted and justice is denied. For there can be no knowledge or justice without the full freedom to express ideas and to criticize.

"How can these freedoms and rights be secured unless protected by defenders?", Dr. Mugraby asked, adding that, in the absence of true democratic representation and of media that is free and conscious of its constitutional role, the human rights to knowledge, justice and freedom of expression, as well as all other constitutional and human rights, are severely threatened and are at great risk, with the result that their defenders or would be defenders are sent to jail or prosecuted before military or other courts. This is how Dr. Mugraby's experience with the Lebanese military court started in the year 1992. From that time on, whenever some Lebanese attempted to exercise their right of free expression which they were denied, they were subjected to arrest and prosecution before the military court and most of them were insulted and tortured. Dr. Mugraby was the one defending them and suing for their rights. His experience widened with his defense of other victims of human right violations and abuse of power, whether from among city people, peasants, civil servants or other unfortunate persons.

Finally, Dr. Mugraby called on all persons who see themselves part of the vibrant human forces of Lebanon, regardless of where each one of them stands vis a vis the big "official headlines", to break silence and to give a hand in the effort to lift the ban on the "forbidden" issues and to join him in raising them. "For by securing the human rights of knowledge, justice and free expression, the resolution of the other big headlines, existing or to exist, will be greatly facilitated, or perhaps some of these headlines will disappear all together as a result of the sovereignty of knowledge, justice and freedom of expression", Dr. Mugraby concluded.