By Lynn Abou Hamzeh | Staff Writer and Taleen El Gharib | Local News Junior Editor
The Executive Director of Legal Agenda, Nizar Saghieh, has long been a popular figure in Lebanon’s legal community. He is known for his work promoting causes related to civil, economic, and social rights. He is also a lawyer, researcher, and social policymaker. Nizar established strategic litigation in Lebanon, and he
has written extensively on subjects like judicial independence, workers’ rights, and environmental protection.
However, his recent battle with the Beirut Bar Association Council has sparked outrage among civil society groups and legal professionals. The bar’s decision to summon Saghieh for questioning after he spoke out against their policy of preventing lawyers from speaking to the media without prior approval has been viewed as an assault on press freedom and an attempt to suppress opposition voices.
The amendments proposed and approved in early March on the bar’s Legal Code of Ethics placed restrictions on lawyers in their participation in interviews, conferences, and panels on legal matters, requiring them to seek prior approval from BBA President Nader Gaspard. Saghieh filed an appeal with the Beirut Court of Appeals to have the decision overturned, and the court is expected to render its ruling on May 4, 2023, according to L’Orient Today. Despite the pending ruling, Saghieh continued to appear in the media, claiming that the decision was a violation of the freedom of expression guaranteed under the Constitution. The Beirut Bar Association Council has faced criticism for the amendments.
Legal Agenda has been particularly vocal in its opposition, stating that this policy violates the fundamental right to free expression. The BBA summoned Nizar Saghieh for questioning after he led the charge against this policy. This move by the BBA has angered civil society groups and legal professionals, who view it as an assault on press freedom and an attempt to suppress opposition voices.
Widespread opposition to Nizar Saghieh’s summons has been expressed. Legal experts have backed Nizar, with many describing him as a committed and moral defender of the rule of law. Nizar’s supporters argue that his work contributes to protecting the rights and freedoms of Lebanese citizens. They point out that he has tirelessly fought for marginalized groups. His work has helped to raise awareness of social issues and to push for meaningful change in Lebanon’s legal system. Saghieh has joined the likes of Megaphone co-founder Jean Kassir and The Public Source editor-in-chief Lara Bitar who were summoned back in March by the General Directorate of State Security and the Cybercrimes Bureau respectively for their outspokenness on matters pertaining to criminal offenses surrounding Lebanese authorities.
The situation worries Saghieh, as his summons could lead to his expulsion from the bar. Although no decision has been made in this regard yet, Saghieh believed that the council plans to remove him from the bar, given that the summons was signed by the bar’s Secretary General Saad Khatib. This move could have serious implications for Saghieh’s career as a lawyer and his ability to continue advocating for human rights and judicial independence in Lebanon. However, the 5-hour long hearing that took place on April 20th appeared to have ended on a positive note according to Saghieh, who expressed that “the syndicate’s decision may be reversed”.
A report posted online by Megaphone News linked the BBA’s censorship to the large number of lawsuits filed by depositors against banks withholding their funds. BBA President Nader Gaspard met with the president of the Association of Banks (ABL) back in February of 2022 to address the issue. The meeting ended with a request to depositors from Gaspard, warning them “against suing banks blindly” and “urging them to wait for the ‘unified formula’ for lawsuits that the Beirut Bar is working on”, and no progress has been made since.
The report also mentioned that Alexander Najjar—lawyer for Mecattaf, a company caught in a money laundering and smuggling scheme—was heavily involved in the BBA’s amendments that placed the restrictions on lawyers. Najjar has allegedly intervened in the case against Mecattaf on multiple occasions and was accused of “smuggling out part of the company’s data”.
This is not the first time Lebanese authorities and judiciary have put a lid on free speech and opposition, as the port blast investigation has been at a standstill for months following head Public Prosecutor Ghassan Oueidat’s rally against Judge Tarek Bitar. With major attacks on justice, often at the hands of the judiciary itself, the future of free expression and the opposition does not seem promising.