Human Rights Activist and Information Technology Expert
Tried and Convicted by Beirut Military Court on charges Related to the Freedom
of the Internet.
Beirut, Friday March 9th 2001- Kamal el Batal, director of MIRSAD, and Ziad
Mugraby, manager of ITX, were tried earlier today before the military court in
Beirut on charges of compromising the reputation of the Vice Squad by means
of distributing a leaflet to the effect that an officer threatened someone.
MIRSAD is a Lebanese Human Rights NGO; ITX is a well-known Lebanese information
technology company that also runs the Internet service provider Destination. In
the evening, the court convicted Batal and Mugraby and sentenced them to three
months imprisonment each and commuted the sentences to a three hundred thousand
Lebanese pounds ($200) each.
The President of the court, Brigadier Maher Safieddeen, a professional soldier
with no legal training, and who dissented against commuting the sentences,
opened the trial by reading the decision of the military court of cassation,
which had earlier turned down an appeal by Batal and Mugraby to declare the
military court without jurisdiction in this case.
Mr. Mugraby was questioned by Brigadier Safieddeen over circumstances prior to
the prosecution and was not question at all as to the subject of the charge.
Mugraby denied any wrong doing in general and affirmed that a certain police
officer, Major Jacques Bakayev, did in fact make the threat that if the
information requested on the users of Destination is not supplied the ISP will
be closed down by order of the Beirut prosecutor, Joseph Maamari, who had
initiated the police action. Mugraby had steadfastly refused to provide any
information on Destinations users as requested by the police.
Mr. Batal confirmed upon questioning that a contingent from the Vice Squad
raided the offices of Destination unlawfully. An argument insued between Batal
and Brigadier Saffieddeen over the lawfulness of the raid and the role of human
rights organizations that drew the participation of Assistant Prosecutor Asaad
Gideon. Dr. Muhamad Mugraby, attorney for the defense, intervened and protested
that Batal was not on trial for his opinions.
At that point, Brigadier Safieddeen addressed Dr. Mugraby, and requested his
opinion as to the issue of the legality of actions initiated by the public
prosecutor. Dr. Mugraby stated that there was a big issue involved and that, in
his opinion, public prosecutors often took actions that violate the rules of
criminal procedure. Brigadier Safieddeen insisted that Batal describe the legal
violation involved. Batal answered: They (men from the Vice Squad) had no
written warrant.
Brigadier Safieddeen questioned what he described as the missing role of
international human rights organizations in defending the oppressed worldwide
and raising the issue of human rights violations committed through the Internet
and questioned Batal whether MIRSAD issued any statement protesting such
violation. Batal responded that MIRSAD is a Lebanese human rights NGO and limits
its activities to Lebanon but keeps in touch with international human rights
organizations.
The defense attorney, Dr. Mugraby, submitted a written brief enclosing six
exhibits. The brief questioned the courts jurisdiction and the legality of
the prosecution which was based on Article 157 of the military penal code and
does not apply to the alleged act, maintained that the right to prosecute has
lapsed for not filing the charges within the statutory three months period and
for the lack of any prosecution request by the Internal Security Forces. Dr.
Mugraby also pleaded that the alleged act was covered by the amnesty published
in June 1st 2000 for all crimes committed through printed matters. Finally, and
in the alternative, Dr. Mugraby requested permission to present evidence as to
the truthfulness of the subject act alleged by the prosecution, pursuant to
Article 387 of the penal code which provides that no action for defamation or
libel of a public official can be maintained if the alleged act on which the
charges are based can be proven to be true.
In his brief, Dr. Mugraby noted the strange coincidence that the chief of the
Vice Squad, Colonel Youssef Samneh, who directed the investigation against Batal
and Mugraby, his assistant, Major Sleem and most of their men are behind bars
and being tried before the same court on charges that are unflattering to the
reputation of the Vice Squad.
The prosecution and trial of Batal and Mugraby were highly irregular. At no time
were they officially informed of the nature and reasons for the charges brought
against them. No evidence whatsoever was presented by the prosecution against
the accused or to connect them to the alleged flyer. They were not apprehended
in the act of distributing the alleged flyer. The actual flyer was not presented
in evidence. When interrogated by the police, Mugraby categorically denied any
knowledge of the flyer. In answer to a direct question by Dr. Mugraby before the
military court, Batal denied any connection to the flyer. The case file
contained a letter by Col. Samneh admitting that he received the only copy of
the alleged flyer, itself a photocopy, from Major Bakayev.
Furthermore, the case against Batal and Mugraby was heard among a total of 94
cases that were on the calendar of the military court for the day. The sentence
against them was pronounced among fifty four final judgments rendered in the
said cases a little after 8:00 PM on the evening of the same day. The hearing of
the last of the 94 cases was concluded at 7:40 PM. The actual judgments were
made, as always, by filling in the blanks on printed forms.
Batal and Mugraby were not permitted to leave the military court premises until
they paid the fines in cash. They had to wait for almost two hours until the
court cashier, an employee of the ministry of finance, could come from his home
and sign receipts. Their trial had concluded at 12:30 PM but they were not
permitted to leave the court premises although they had not under arrest and,
theoretically, were free to go!
Kamal el Batal, 38, is a civil engineer by training and is in the business of
engineering consulting and contracting. He is a graduate of the American
University of Beirut and also studied engineering at Ecole St. Geneuvieve in
France. Batal, is a human rights defender and activists. He and Dr. Muhamad
Mugraby co-founded MIRSAD. Ziad Mugraby, 27, and the son of Dr. Mugraby, is not
involved in MIRSAD or in the defense of human rights. He was trained in
economics and information technology in the United States and he graduated from
Cornell University. In Lebanon Ziad, has been a leader in the development of the
Internet and in information technology. In 1995, he founded Destination which is
a leading ISP.
The current prosecution came in response to protests made by MIRSAD against the
pressures that Mugraby, ITX and Destination were subjected to. MIRSAD declared
its opposition to all interference in the freedom of the Internet especially
that some reports were circulating that the governments of Lebanon and Syria
were considering cooperation in this field by establishing a jointly owned
Internet nod with appropriate filtering and monitoring procedures. Subsequently,
the reports were proven credible as the Lebanese ministry of communications and
its Syrian counterpart signed a memorandum of agreement on the subject which has
not been made public.
Lawyers for MIRSAD, Batal and Mugraby are currently studying the case to make
recommendations as to what further course of action to take, if any, to confront
the gross abuse and injustice manifested. We will keep you advised.
It is very sad that at this time when Lebanon is in greatest need of upholding
the rule of law as one of the necessary preconditions to salvaging the crumbling
public institutions and the fast-sinking national economy, under the heavy
weight of a corrupt and inefficient public administration and political bosses
seeking their own self-interest and the interests of their cronies, human rights
are muzzled and young and highly qualified Lebanese, whose role is most vital to
national recovery, are being unlawfully punished for daring to do what they have
the right to do, and without any regard to the consequences.
Active support from all Lebanese, individuals and groups, and from all
non-Lebanese who are friends of Lebanon or defenders of human rights, is much
needed to put breaks on the ongoing lunacy that is driving Lebanon into new
depths of disaster and the Lebanese into ever expanding misery and denial of
their most elementary and basic rights.