Observatory for the Protection of Human Rights Defenders Annual Report 2003 - Morocco

Torture and detention of Mr. Mohammed Rachid Chrii⁴⁴

Mr. Mohammed Rachid Chrii, deputy Secretary General of the Section of the Moroccan Human Rights Association (AMDH, Association marocaine des droits de l'Homme) in Safi, was taken in for questioning on 22nd April 2003 following an argument he had with a policeman who was beating up a man in the street. Shortly after this argument, he was arrested and taken to an unofficial detention centre, where he was tortured and subjected to ill treatment (beaten, electric shock treatment, introduction of an object into his anus, etc.). He was subsequently taken to the police station where he was once again tortured.

On 9th May 2003, the Court of first instance in Safi sentenced Mr. Chrii to 18 months in prison and a fine of 4,000 dirhas for "insulting a public official while in the course of duty". This verdict was confirmed by the appeal court in Safi on 10th June 2003. Mr. Chrii's lawyers denounced the conditions under which the enquiry and the trial took place, in particular the falsification of the official report of the criminal police and the absence of any material proof.

Mr. Chrii was initially imprisoned in Safi but was transferred twice, first of all to the prison in Benhamed then to that of Aladir on the outskirts of El Jadida. This last prison was particularly far removed from Mr. Chrii's family home, so, with the support of AMDH, he requested that he be transferred to the prison in Safi. However, this request was not met, despite assurances he had had to that effect from the Ministry of Justice. Mr. Chrii went on hunger strike three times to protest against his detention.

Despite medical certificates proving the torture and traumatism which Mr. Chrii underwent, and a complaint having been lodged with the Office of Public Prosecutions at the court in Safi, no enquiry had been opened on these events at end 2003.

Mr. Chrii was released on 7th January 2004, in the context of a Royal pardon granted to 33 political prisoners.

Detention of M. Ali L'mrabet⁴⁵

On 21st May 2003, Mr. Ali L'mrabet, director of two satirical publications, Demain magazine and Douman, was sentenced to four years' imprisonment and fined 20,000 dirhas by the Court of first instance in Rabat for "insulting his Royal Majesty". The Court also banned his two publications. The Observatory appointed an observer to the hearing, where Mr. Ali L'mrabet appeared considerably weakened, having been on hunger strike since 6th May, date of his arrest, in protest against his arrest and against repeated intimidation of "his printer and other persons will to print [his] newspapers".

He was placed under a committal order on leaving the court.

During the appeal hearing at the Court of Appeal of Rabat, on 6th and 10th June 2003, the Presiding judge considered that, as of adjournment of the session and before any hearing, the judges in first instances could not be pursued regarding the conditions of the arrest of Ali L'mrabet, considered as arbitrary by his lawyers. Moreover, the presiding judge refused to include subtilisation of certain documents in the file of the official record. Lastly, the Court rejected the request for provisional release requested by the lawyers, despite the worrisome state of Mr. Ali L'mrabet's health, as he was still on hunger strike and hospitalised since 26th May. The Observatory appointed an observer for the two hearings.

On 17th June 2003, the Court of Appeal of Rabat gave its verdict and confirmed Mr. Ali L'mrabet's sentence, although there was no debate on substance. His sentence was reduced to three years and 20,000 dirhas fine. The ban on his two publications was confirmed.

As of October, members of his family were subjected to increasingly detailed searches when they visited him. Their repeated requests that he undergo a medical examination went unheeded, whereas Mr. L'mrabet suffered the consequences of his 50 days hunger strike, problems with his eyesight and trembling of the right hand and foot.

On 14th October, two employees from the Ministry of Justice visited him in his cell to ask him to stop publishing articles while in detention. On 17th October a nurse and prison guard ordered him not to leave his cell and threatened that they would hide hashish among his personal effects if he went against this order, leaving him to understand that he could be charged with drugs trafficking. Mr. Ali L'mrabet was released on 7th January 2004 having been granted a Royal pardon. He is still nevertheless concerned by a second law suit in the context of a second affair, so-called "the holy stone" where he had been sentenced to four months' imprisonment in 2001. The Director of Public Prosecutions was appealing this verdict. The hearing, scheduled for 7th January in the Court of Appeal of Rabat, has been postponed to April 2004.

Enquiry on threats against Mrs. Hakima Chaoui⁴⁶

Following acts or intimidation and defamation against Mrs. Hakima Chaoui, member of the AMDH in 2001 and 2002, an enquiry was opened but had not come up with any concrete results by end 2003. The preacher at the mosque in Midelt was questioned for the purposes of the enquiry, but he denied having committed any acts of intimidation. Mrs. Chaoui was threatened and discredited by persons belonging to Islamic movements on account of her poems in favour of women's rights.

Obstacle to organising a caravan⁴⁷

On 7th October 2003, the Wilaya (Governorate) of Casablanca notified the Forum Truth and Justice (Forum Vérité Justice), that the organisation of a Caravan going to the former secret detention centre of Agdez in Ouarzazate province, planned for 10th to 12th October 2003, was banned by a decision of the Ministry of Interior. No reasons were given for this decision.

The aim of the Caravan was to provide enlightenment on the serious human rights violations committed in Morocco during the "dark years", and was initially planned for Spring 2003; it had been postponed on account of the tense situation in the region and in Morocco at that time. Despite their repeated requests, the caravan organisers were not invited to the Ministry of Interior.

Caravan participants left from Rabat and Casablanca by coach on 10th October. However, the Forum did not receive permission from the Ministry of Transport to charter coaches, as this required signature by the Wilaya of Casablanca.

Furthermore, the Wilaya of Agdez notified the ban of the sit-in in front of the former detention centre.

The Executive Bureau of the Forum Truth and Justice was finally able to organise this action from 17th to 19th October, with the permission of the Moroccan authorities. The Forum regretted nevertheless a strong loss of interest as a result of the date being postponed, as participants had covered long distances first time round and were unable to renew their commitment a second time.

Repression of Saharawi activists and organisations

Obstacles to freedom of circulation⁴⁸

On 27th March 2003, 14 human rights activists and members of families of disappeared Saharawi persons were arrested by the Moroccan police in the international zone of the airport in Casablanca. Their passports and other documents (video-cassettes, photos) were confiscated and they were notified that they were forbidden from leaving Moroccan territory.

The persons in question were Messrs. Brahim Dahane and Bacher Lakhfaouni, former disappeared persons and members of the Co-ordinating Committee of Saharawi families, Mr. Sidi Mohammed Daddach, former prisoner and winner of the 2002 Rafto Foundation prize for human rights (Norway), Messrs. Brahim Noumri and Brahim Guarbi, former disappeared persons and members of Forum Truth Justice Sahara section (Forum Vérité et Justice – section Sahara), Mr. Khaya Cheikh, former prisoner, as well as eight family members of Saharawi disappeared persons.

These persons had received their Swiss visas to be able to participate in meetings on the forced disappearances in Western Sahara organised by the International Bureau on the respect of human rights. Mr. Dahane and Noumri were also due to participate in the 59th session of the Human Rights Commission of the United Nations in Geneva. They had received accreditation from the International Association of Democratic Lawyers.

They were immediately released but their passports and documents were not returned to them.

As of end 2003, their letters requesting that these be returned had gone unanswered.

Closing of the Sahara section of the Forum Truth Justice⁴⁹

On 17th April 2003, the criminal investigation police requested the disbanding of the Sahara section of the Moroccan Forum Truth Justice (FMVJ, Forum marocain Vérité Justice), the request was submitted to the Court of first instance on the basis of articles 3 and 7 of the Code of freedom, on the basis of activities likely to cause disturbance of the peace, inciting unauthorised demonstration and other activities likely to damage Morocco's territorial integrity.

On 18th June 2003, the Court of first instance in Laâyoun decided to disband the Sahara section of the FMVJ mainly on account of illegal and separatist activities not in compliance with its statutes. The verdict also included a ban on all meetings of members of the section, closing of the premises and winding up of the goods and property of the section to be transferred to the FMVJ Executive Bureau.

According to the judge, the activities of the Sahara section on behalf of Saharawi prisoners and meetings of its members with foreign organisations (NGO – non governmental organisation, IGO – intergovernmental organisation, etc) were proof of the separatist ideas of the group and hampered Morocco's diplomatic relations. Moreover, all demonstrations organised in Western Sahara were imputed to the section, even if the demonstrators were not members of the Forum.

There has been no specific event which can justify the legal action taken against the section. This action consequently appears to be the final outcome of the strategy set up by the authorities, aiming at hampering the activities of the Sahara section of the FMVJ since its inception in June 2000 (harassment, arrests and arbitrary sentences, abusive redundancies, etc.).

As of end 2003, the association's premises were still closed. Moreover, the verdict had not been notified to the section President nor to the lawyers, which means that this prevent them from appealing, since this is the required procedure to do so, according to Moroccan law.

Legal proceedings and harassment of members of the Sahara section of FMVJ⁵⁰

The members of the Sahara Section of FMVJ suffer constant harassment, on account of their denouncing of human rights violations perpetrated in Western Occidental and their pacific commitment to the right of self-determination for the inhabitants in this province.

On 12th March 2003, Mr. Salek Bazid, arrested on 24th September 2002, was sentenced to 10 years' imprisonment for "constituting a criminal gang, destroying food products, goods, property and furniture by acts of violence".

On 25th June 2003, Mr. Dkhil El Moussaoui was sentenced to one year imprisonment and fined 5,000 dirhams. by the Court of Appeal of Laâyoun for "inciting disturbance of peace" and specifically "constituting a criminal gang to commit crimes against persons and property and goods and participating in an act of voluntary arson in a public edifice".

They were granted a Royal pardon on 7th January 2004, were released as was Mr. Ali Salem Tamek, who had been sentenced to two years' imprisonment and fined 10,000 DH (1,000 euros) for "damaging internal State security" on 17th October 2002.

Mr. Ahmed Nassiri, also member of FMVJ, sentenced to 18 months' imprisonment in November 2002, was released on 21st December 2003, having served his one and a half year prison sentence. He was accused of inciting to riot during the bloody demonstrations in the town of S'mara which took place on 17th November 2001.

Moreover, Mr. Moutik Lahoussine, President of the Sahara section until it was disbanded, is still victim of constant harassment. Mr. Lahoussine was fired from his job as director of the accounts and computer service of a large company, following a hearing which he granted to an ad hoc commission on Western Sahara of the European Commission in February 2002. The accountant firm he has set up is under permanent surveillance by members of the Secret Services (Direction de surveillance du Territoire – DST) and his clients are subjected to pressure to discourage them from using his services.

Trial of perpetrators of ill treatment of workers in the Evitima factory⁵¹

The trial of the presumed perpetrators of ill treatment and torture of 21 workers of the Evitima factory, all members of the Moroccan Labour Union (UMT, Union marocaine du travail), while they were being arrested on 2nd September 1999, is still being postponed. The 21 workers had been ill treated during their arrest on 2nd September 1999, following the strike and sit-in. On 12th December 2001, they received a two months suspended prison sentence and were fined 500 dirhams.

A further hearing is foreseen on 29th January 2004.

Legal proceedings against members of ANDCM⁵²

The appeal of the 22 members of the National Association of Unemployed Graduates (ANDCM, Association nationale des diplômés chômeurs – not recognised), who had been arrested on 18th and 19th June 2000 following a peaceful demonstration, is still under way. On 2nd July 2000, three of them received a two month prison sentence and the remaining 19 a two month suspended prison sentence.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

44. See Open Letter to the authorities 5th December 2003 and Urgent Appeal MAR 002/1003/OBS 057.01.

45. See Press Releases of 10th and 17th June 2003 and Urgent Appeal MAR 002/1003/OBS 057 and 057.01.

46. See Annual Reports 2001 and 2002.

47. See Urgent Appeal MAR 003/1003/OBS 052.

48. See Urgent Appeal MAR 001/0303/0BS 017.

49. See Urgent Appeal MAR 002/0603/OBS 029.

50. See Press Release of 4th July 2003.

51. See Annual Reports 2001 and 2002.

52. See Annual Reports 2001 and 2002.