Nizar
Saghieh

Background and Work

Nizar Saghieh is a leading human rights lawyer and legal researcher in Lebanon. He co-founded the Legal Agenda, an independent platform that monitors legislation and public policy in Lebanon and across the Middle East and North Africa. The organisation has become a key resource for understanding how law shapes, and often undermines, social justice in the region.

Saghieh's work spans judicial independence, environmental protection, public property rights, and the legal status of marginalised groups including refugees, LGBTQI+ individuals, and workers. He has been instrumental in efforts to hold state institutions accountable, particularly since the August 2020 Beirut port explosion and the onset of Lebanon's economic and financial collapse in 2019. His legal analysis and advocacy have made him a prominent figure in civil society's demands for transparency and justice.

The Amendments to the Code of Ethics

On 3 March 2023, the Council of the Beirut Bar Association approved amendments to Articles 39, 40, 41, and 42 of the Lawyers' Code of Ethics. The revised provisions prohibit lawyers from participating in public legal debates, discussing pending cases, or engaging with any media, including television, radio, and social media, without prior written approval from the Bar president. The amendments also forbid criticism of Bar Council members, particularly during election periods.

The restrictions apply to all lawyers registered with the Beirut Bar Association. In Lebanon, membership in either the Beirut or Tripoli Bar Association is mandatory for practising law. Violations of the Code of Ethics can result in referral to the Disciplinary Board and sanctions ranging from reprimand to suspension or disbarment.

The amendments were adopted during a period of intensifying scrutiny of state officials implicated in the banking scandal and financial crisis. Human rights lawyers viewed the timing as an effort to silence legal advocates at a moment when public accountability was most urgent.

Summons and Interrogation

Saghieh publicly criticised the amendments, arguing that they violated lawyers' freedom of expression and their professional duty to inform the public. In response, the Council of the Beirut Bar Association summoned him on 28 March 2023 and again on 11 April 2023, without specifying the reasons for the summons.

On 20 April 2023, Saghieh appeared before the Council for a hearing that lasted four hours. Twelve Council members questioned him about his public statements, which they described as a campaign to cast doubt on the Bar's national role. Saghieh requested that his lawyers accompany him; the Council denied the request. He was interrogated alone.

No decision by the Council has been reported since. He was threatened with sanctions including disbarment. The case was not referred to the Disciplinary Board, raising concerns about due process and the Council's direct exercise of punitive authority.

Legal Challenge

Saghieh and twelve other lawyers filed an appeal before the Beirut Court of Appeals, the body with jurisdiction over union-related disputes, challenging the Council's decision to impose the amendments. The appeal argues that the restrictions violate lawyers' freedom of expression and their ability to practise their profession.

The court held a hearing on 13 April 2023. On 12 May 2023 the court upheld the amendments and rejected the lawyers' appeals. Saghieh said he would challenge the ruling before the General Assembly of the Court of Cassation.

Broader Context

The Beirut Bar Association's actions against Saghieh are part of a wider pattern of retaliation against human rights lawyers in Lebanon. The Tripoli Bar Association has taken similar measures. In December 2022, its Disciplinary Council suspended lawyer Khalid Merheb for four months after he published social media posts criticising the Minister of Interior's anti-LGBTQI+ directive. More recently, lawyer Mohammed Sablouh, who represents torture victims and Syrian refugees, was informed that authorities were pressuring the Tripoli Bar to silence him over his documentation of human rights violations.

The escalation of disciplinary actions against lawyers coincides with ongoing investigations into senior officials implicated in Lebanon's financial collapse, including the Governor of the Central Bank and executives involved in the banking scandal. Human rights defenders view the Bar Associations' restrictions as part of a broader effort to limit legal accountability and public scrutiny during a period of systemic crisis.