For Immediate Release: SEPT. 23, 2000

Contact: Kamal Fizazi (IGLHRC in San Francisco): +1-415-255-8680, kamal@iglhrc.org;
Virginia Sherry (HRW in New York): +1-718-981-0075, sherryg@hrw.org;
Hanny Megally (HRW in New York): +1-973-233-1845, megallh@hrw.org;
Hania Mufti (HRW in London): +44-20-7713-1995 muftih@hrw.org;
Joe Stork (HRW in Washington): +1-202-291-0846 storkj@hrw.org.

NEW YORK- Two international human rights organizations today condemned the government's move to prosecute two Lebanese citizens in a military court for "tarnishing the reputation" of the vice police (police des moeurs), an arm of the Internal Security Forces. Human Rights Watch and the International Gay and Lesbian Human Rights Commission criticized the Lebanese police for trying to pressure an Internet service provider (ISP) to reveal the names of people involved in a gay and lesbian website based in Lebanon.

On September 25, a military tribunal is scheduled to hear the case of Ziad Mugraby, the general manager of the ISP "Destination" and Kamal el-Batal, executive director of the Lebanese nongovernmental human rights organization MIRSAD, which publicized the harrassment of the ISP.

The case originated in April 2000, when police attempted to pressure people working at Destination, including Mr. Mugraby, to reveal the names of individuals involved with the Web site gaylebanon.com. MIRSAD documented and publicized internationally the harassment of the ISP. In one communique the organization "deplore[d] the blatant and unlawful attempts by the police to interfere in the freedom of the Internet as well as the freedom of expression of the gay community," and noted that "expressing opinions on behalf of the gay community is protected under the Lebanese constitution and the Universal Declaration of Human Rights."

On August 5, the military prosecutor charged Batal and Mugraby with violating Article 157 of the military penal code for "tarnishing the reputation of the police des moeurs by distributing a printed flyer," namely one of the MIRSAD communiques issued on behalf of Destination. The men face three months to three years imprisonment if found guilty.

HRW said it was deeply concerned by Lebanon's latest attempt to prosecute civilians for exercising the internationally guaranteed right to freedom of expression.

"This reflects increasing intolerance by the government," said Hanny Megally, executive director of the Middle East and North Africa division of Human Rights Watch. "Access to the Internet is an integral part of the right to free expression. And Internet service providers such as Destination should not be liable for Internet content."

Megally also criticized the criminal prosecution of Batal and Mugraby in the military court.

"Civilians should never be tried in military courts, which lack the fuller independence of the civilian judiciary," said Megally. "The fact that this case involves peaceful freedom of expression -- of the gay community and of a human rights organization defending free expression -- only makes this prosecution more egregious."

IGLHRC joined HRW in condemning the prosecution as a threat directed at all human rights defenders in Lebanon: "As part of a broader campaign to increase its censorship and control over the Internet, the Lebanese government has targeted a vulnerable and unpopular group, lesbians and gays, but the prosecution of Mr. el Batal and Mr. Mugraby shows that everyone's rights are at stake and no one should stand by idly," said Kamal Fizazi, Regional Program Officer for Africa and Southwest Asia.

"Prosecuting Kamal el Batal for criticizing police harassment and interference with free expression sends a message that no critic of the authorities is safe," Fizazi continued, noting that while Lebanon has always prided itself as being tolerant of and celebrating diversity and freedom of expression, with this action Lebanese authorities are stifling both.

Please contact IGLHRC or HRW for further background.

IGLHRC's mission is to protect and advance the human rights of all people and communities subject to discrimination or abuse on the basis of sexual orientation, gender identity, or HIV status.

Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice; we investigate and expose human rights violations and hold abusers accountable; we challenge governments and those who hold power to end abusive practices and respect international human rights law; we enlist the public and the international community to support the cause of human rights for all.

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