21/08/2024

Background
Mohammad Sablouh is a Lebanese attorney and human rights defender. He currently heads the Legal Support Program at Cedar Centre for Legal Studies (CCLS), consisting of six attorneys. Mr. Sablouh has been actively involved in documenting cases and legally assisting victims of torture, arbitrary detention, and Syrian refugees facing deportation. His work focuses on defending human rights, democracy, and the rule of law in Lebanon. Since 2021, Mohammad Sablouh has faced escalating harassment and legal challenges due to his human rights work. Key incidents in 2021 include threats from a request to lift his immunity by the Military Court, and a press release from the General Security Directorate criticizing his efforts. Despite these pressures, the Tripoli Bar Association refused to lift his immunity on October 27, 2021, reinforcing his legal protections.

Timeline of Recent Intimidation

• On 12 August 2024, Mohammad Sablouh attended a hearing for one of his clients in the Military Court in Beirut. He published a Facebook post the same day in Arabic, criticizing the Military Court for sentencing a suspect to a gang to 12 years while the gang leader received only 4 years, calling for the abolition of the military judiciary.
• On 14 August 2024, while attending another client’s hearing, the head of the Military Court in Beirut informed him that the Court panel had issued a decision to prevent him from entering the Military Court for three months due to the post on social media.
• On 19 August 2024, Sablouh was officially informed of the decision by the head of the Military Court, dated 19 August 2024, although he had been prevented from entering the court since 14 August. On the same day, he submitted an appeal against the decision to the Cassation Court of the Military Court through his colleagues.

Legal Context
Although Law No. 8 of 1970 grants lawyers certain immunities while practicing their profession, in practice, there are significant barriers that negatively impact their realization. Some of these barriers are enshrined in Lebanese law, which contains provisions that undermine the legal profession. Article 59(b) of the Lebanese Military Judicial Law states that “the president of the military court may prevent the lawyer from entering the military court for a maximum period of three months if he/she commits serious misconduct before the trial or during the hearings.” This grants the president of the military court the power to prevent a lawyer from entering the military court for “disciplinary reasons,” without providing a clear list of acts that constitute serious misconduct. The Lebanese authorities’ conduct concerning Sablouh’s professional activities contradicts paragraphs 16, 17, 19, 20, and 23 of the Basic Principles on the Role of Lawyers. The mentioned paragraphs ensure that lawyers can perform their duties without interference, enjoy immunity for their legal actions, and have the freedom to express opinions, with protections in place for their safety and rights.

Action

On August 19, 2024, Frontline Defenders jointly with CCLS raised the case with the Special Rapporteur on the Independence of Judges and Lawyers and the Special Rapporteur on Freedom of Opinion and Expression. We urged the Special Rapporteurs to engage with Lebanese authorities, expressing concern over the misuse of Article 59, which restricts Mr. Sablouh’s access to the Military Court, and to support his appeal of the decision.

Recommendations

1. Review Immunity Laws: Lebanese authorities should clarify the provisions related to lawyers’ immunities to prevent misuse.
2. Legal Reforms: CCLS stands with the recent proposal to reform the Military Judiciary Law, particularly the Lebanese Parliamentary Administration and Justice Committee’s recommendation to repeal Article 59, which grants the head of the military court the authority to bar a lawyer from the court in certain cases. This poses a serious threat to the rights of defense, the independence of lawyers, and the immunities granted to the legal profession. The reform is crucial to ensuring that civilians are not subject to military justice, thereby upholding fair trial standards and reinforcing the rule of law.

The harassment faced by Mohammad Sablouh underscores the urgent need to amend the Military Judiciary Law to protect the rights of both lawyers and civilians, ensuring that the military judiciary cannot be misused. Immediate action is required to implement these reforms, safeguarding the integrity of the legal profession and the broader principles of justice in Lebanon.

Updates: On September 25, 2024, the Military Court of Cassation issued a decision to rescind the order preventing lawyer Sablouh from entering the military court. The court ruled that Sablouh’s Facebook post was not relevant to Article 59 of the Military Judiciary Law, which applies only to actions occurring before, during, or inside the court session, not outside of it. Therefore, Mr Sablouh can enter the Military Court again and plead in the court.