Beirut, November 27, 2008: Criminal Judge Ziad Mkannah today ordered the annulment of the second criminal prosecution of attorney and human rights defender Dr. Muhamad Mugraby for his human rights testimony in the European Parliament in the year 2003 “for lack of criminality”. The judgment partly read:

“It is evident from the statement by the Defendant before the Mashrek Committee of the Foreign Affairs Committee of the European Parliament that, in fact, it consists of criticism of certain legal matters in the sphere of application and in relation to human rights. All these matters are subject to constant discussion among jurists, and some time in a manner organized by official organs of the state. For example the issue of the organization of prisons is continuously discussed by jurists and human rights activists. So is the prevention of torture during investigations. So is the issue of press freedom, and the general principles applicable to the functioning of the judiciary. Defendant dealt with all those issues objectively and exposed those principles, which are in fact the most salient criteria of fair trials as provided in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. His expose, in the context of his presentation, is void of any contempt and is characterized with being both scientific and practical, particularly in a committee of the Committee of Foreign Affairs of the European Parliament, and especially that the object of discussing those matters was “the exchange of views” in this regard, as reported by the secretary of the Lebanese Embassy to Brussels from the agenda of the meeting.

Furthermore, the right of expressing opinion in the form of speech, writing and the press are safeguarded by Article 13 of the Lebanese Constitution within the circle of law. Hence the right of free speech is the principle state of things and can only be limited by law, which is the exception. Hence its framework must be defined in a limited and exceptional manner because it restricts the above mentioned general principle.

The statements by the Defendant are expressions of a juridical point of view which took place within the circle of the law and without violating its provisions. Hence it is guaranteed by the Lebanese Constitution and cannot constitute any crime punishable by law, particularly the crime of Article 383 Penal Code attributed to the Defendant. Hence the prosecution of the Defendant for this crime must be annulled”