huridocs-tech Lebanese GLBT Human Rights Under Attack

The Magnus Hirschfeld Center for Human Rights
Crosswicks House
Post Office Box 1974
Bloomfield, New Jersey USA 07003
Telephone: 973-776-3901, Ext. 3351
E-Mail: Crosswix@hotmail.com
Web: http://www.angelfire.com/hirschfeldcentre/index.html

15 September, 2000

RE: A Message from MIRSAD, Lebanese Human Rights
Organization

Dear Friends, Colleagues and List-Members:

Mr. Kamal el Batal, director of the Lebanese Human Rights' organization
"MIRSAD" is being prosecuted before that country's Special Military Court on
charges of (at best) questionable substance and merit, and is scheduled to
be tried on September 25th, 2000.

It is reported that on Monday, April 3rd, two police officers from the
"morals offenses unit" of Beirut's police force ("police des moeurs")
entered the offices of "Destination", a major Lebanese internet service
provider (ISP)lacking a search warrant but carrying written instructions
from their superiors to look for the owners of a specific Internet IP
address with content related to the Lebanese Gay community.

The employees of Destination were harassed and were ordered not to make any
outgoing phone calls during the police visit. After interrogating
Destination's technical personnel they confiscated the personal ID of a
senior staff member and ordered him to appear at their office at the Hobaich
Police station near the American University of Beirut the next day for
further interrogation.

Following the departure of the officers, a lawyer for Destination was
alerted and he contacted the head of the vice squad, a police colonel. The
colonel thought that Destination was "broadcasting" immoral films. The
lawyer tried to explain to the colonel how the internet works, that there
was no broadcasting involved, and that there was no way that Internet users
can be prevented from navigating the web any way they wished.

For the sake of attempting to educate the police on the Internet, the senior
Destination staff member was encouraged to visit the station.

The next day, the staffer, accompanied by one of Destination's lawyers,
called at the Hobaich Police Station. One of the officers who entered
Destination's offices, a captain, interrogated the staffer further. Part of
the interrogation was conducted in a physically threatening fashion and
without permitting the lawyer to sit in. It turned out that the particular
web site pursued by the police belonged to a non-resident group and hosted
in the United States for the purpose of alerting that country's residents
(among others) interested in the promotion and protection of human rights
and fundamental freedoms to the perilous legal and social situation of
Lebanon's GLBT community.

Destination had nothing to do with the website putatively being investigated
by the police.

On April 18th, 2000 MIRSAD posted the following "urgent action" alert to
various internet locales (THE TEXT OF THE ORGANIZATION'S RELEASE FOLLOWS):

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MIRSAD has learned that the Lebanese authorities continue to harass
DESTINATION, the Lebanese Internet provider. The morning of Monday, April
17, 2000, Mr. Ziad Mugraby, the general manager of DESTINATION, was summoned
for the second time to the vice squad (police des mouers) headquarters at
the Hobeish police station in Beirut. The police say that they are acting
under instructions from the Beirut prosecutor, Mr. Joseph Maamari, to
collect information on the person or persons who financed or installed a web
site titled: gaylebanon.com. for further prosecution. It is unclear what
crime could the unidentified suspect or suspects have committed.

The vice squad officers brought a consultant from the police headquarters, a
Major Jacques Bakayev, as a technology information expert to interrogate Mr.
Mugraby. They threatened that, unless they received the requested
information, DESTINATION may be shut down by order of the Beirut prosecutor,
clearly something not within his power under the law.

The police finally released Mr. Mugraby and gave him and DESTINATION till
Thursday, April 20th, to reconsider and provide the information required.

Although Lebanese law is generally unsympathetic to gays, being gay is not a
crime per se. Expressing opinions on behalf of the gay community is
protected by the Lebanese constitution and the Universal Declaration. MIRSAD
deplores 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 calls for urgent action to prevent the worsening of the
situation in light of the threats made.

MIRSAD is seriously concerned that this action be the start of a wider
censorship campaign camouflaged behind the attack against this relatively
weak group in the Lebanese society. Rumors have been circulating about a new
Internet backbone. There is credible talk around town and in international
circles that this backbone will be based in Damascus, Syria, so that all
Lebanese Internet connections and traffic will be routed through Syria.
Recently, the Syrian telecommunications authority announced its intent to
install a sophisticated Internet monitoring system and actually gave out a
public tender for its installation. According to the conditions of the
tender, such system is to monitor content, including e-mail traffic, and
identify the users with name, address and proximity to the nearest police
and/or intelligence units.

On July 21st Kamal el Batal, Director of MIRSAD, was interrogated by the
police. The following thank you note was issued from MIRSAD following the
support and inquiries of friends:

Dear Colleagues,

Thank you for your concern and support in regards to the interrogation I was
subjected to this morning July 21st at the Hobeish Police Station. I finally
understood that the reason for summing me by a local police colonel was in
relation to the content of our urgent actions regarding the harassment of
the Lebanese ISP Destination, back in April 2000.

The interrogators were keen to make me reveal the sources of our information
and the methods we follow in our investigation. I clarified the following
points:
- MIRSAD is a human rights organization and does not reveal any such
information.
- MIRSAD supports the action of the police when they are following the law
and the legal procedures.
- MIRSAD wishes to keep the bridge open with the police to support them in
applying the proper procedures.
- MIRSAD defends all human rights of every individual.
- MIRSAD will not hesitate to expose unlawful police actions if they happen
in the future.
- MIRSAD refutes any torture used in interrogation and refuses any signed
confession under torture.

Finally, I should stress on the positive attitude of the interrogating
officers and encourage them in their quest for improvement.

I would also like to express special thanks to the concerned phone calls and
emails. No further action is required at this point.

Thanks you for your solidarity!

On August 5th the military prosecutor brought charges under Article157
of the Military Penal Code (which carries imprisonment from three months to
three years) against Kamal el Batal (Director or MIRSAD) and Ziad Mugraby
(Managing Director of Destination) accusing them of "tarnishing the
reputation of the Police des Moeurs by distributing a printed flyer", and
this More Facts:

The said Major Jacques Bakayev, who is a graduating student at the French
Government -sponsored ESA, Beirut, receives from a friend of his who is also
a Human Rights supporter a phone call inquiring about the threat he had
reportedly made at the questioning of Ziad Mugraby and later this person
forwards the email to Major Bakayev for more information. This is the
document that the military prosecutor is using as the basis of his
accusations. Moreover, Article 157 protects the Lebanese Army as well as the
Lebanese Flag against defamation. There is no mention of the Police des
Moeurs or Internal Security Forces. So we can clearly state the following:

- The facts have been grossly distorted as there is no defamation in being
critical of police conduct.
- The law is being grossly abused by bringing these incredible charges
before the military court.
- Valuable time and resources are being wasted
- The threat of imprisonment from 3 months to 3 years is very intimidating.

Hence there is an urgent need to protect:

1. The right of free speech.
2. The right to defend human rights.
3. The personal safety and freedom of the managing director of an Internet
Service Company who is beyond suspicion and who had nothing to do with
reporting the abuses.
4. The personal safety and freedom of a Human Rights activist who is the
Director of MIRSAD.
5. The right of civilians not to be prosecuted in military court.

We thank you.
MIRSAD Secretariat

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Readers are strongly urged to correspond with the following officials
urging:

1.) an immediate end to the prosecution and trial of Mr. Kamal el Batal;
2.) an end to the oppression of and discrimination against women and gay and
lesbian people in that country under color of law;
3.) the enactment of laws guaranteeing freedom of expression, an end to the
trial of civilians under grossly unfair trial procedures before
irregularly-constituted military tribunals; and
4.)rigorous adherance to Lebanon's obligations under the various
international human rights treaties to which it is a party, as well as under
customary international humanitarian law.

Please communicate with:

His Excellency,
The President of the Republic of Lebanon
The Presidential Palace
Baabda
Beirut, Lebanon

His Excellency,
The Prime Minister of the Republic of Lebanon
Grand Serail
rue des Artes de Metiers
Sanayeh,
Beirut, Lebanon
FAX: 1-602020

The Minister of Foreign Affairs
rue Sursock
Achrafiye
Beirut, Lebanon

The Minister of Justice
rue Sami Solh
Beirut, Lebanon

More detailed contact information will be provided as it becomes momentarily
available.  It is also strongly urged that you communicate with Lebanon's
ambssador to your country of residence.

Thank you for your interest and efforts in this matter.

William Courson
Executive Director
THE MAGNUS HIRSCHFELD CENTER FOR HUMAN RIGHTS



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