The Court of Cassation of the Kingdom of Morocco gave its approval on Wednesday to the extradition of a Chinese Yidiresi, Aishan (Idrissi Hassan), 34, a member of the Muslim minority of the Uyghurs who had been arrested on July 19 on his arrival. to Mohammed V airport in Casablanca from Turkey.
Wanted for ” terrorist acts, accused of joining a terrorist group called the “Islamic Movement of East Turkestan” “, he had been apprehended under the grievance of a red notice from Interpol (March 13, 2017, suspended in August 2021) to which he was the subject and which had been issued at the request of Beijing.
The decision of the Court of Cassation sparked much controversy and a number of UN human rights experts on Friday invited the Moroccan executive to suspend its decision to extradite Yidiresi Aishan to China where he is at risk of serious human rights violations, including arbitrary detention, enforced disappearance, or torture and other cruel, inhuman or degrading treatment or punishment.
The decision also shook Moroccan human rights NGOs who called for the extradition to be quashed, at a time when Justice Minister Abdellatif Ouahbi told MoroccoLatestNews that the decision of Whether or not to extradite fell within the “judicial authority”.
Thus, Niels Meltzer, Mary Lawlor, Fernand de Varennes and Fionnuala Ni Aolain, respectively, special UN rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, special rapporteur on the situation of human rights defenders, rapporteur Special Rapporteur on Minority Issues, Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms in Counterterrorism, expressed their concern over the decision of the Moroccan Court of Cassation, which gives the approval to hand over Aishan to China.
So they called for the need to cancel it, “ for fear of serious human rights violations “Considering,” which constitutes a serious breach of the absolute prohibition of refoulement under international human rights and refugee law “For these experts,” as an asylum seeker in Morocco, Aishan should be protected from any form of extradition or forced return to China, until his refugee status is decided. “
The UN experts had previously expressed their concerns about this case to the Moroccan government (El Otmani), in August 2021, and will continue the dialogue with the new authorities to ensure full respect for the absolute ban on refoulement under the law. international human rights and refugees.
They also indicated that the existence of a bilateral extradition convention, as well as diplomatic assurances, when provided, do not release States from their obligations under international human rights law and refugees, in particular the principle of non-refoulement.
What his lawyer says
However, Maître Miloud Kandil, lawyer of Yidrissi, requested by MoroccoLatestNews.fr, said to himself ” surprised by the decision of the Court of Cassation, especially after the cancellation of the Interpol red notice ”.
“Logically, my client should have come out free. The defense pleaded for his freedom with regard to the Interpol decision which canceled the red notice ”, he said.
And Master Kandil continues: ” In fact, the Court of Cassation only gave its opinion. The final decision to extradite or not, Yidiresi Aishan, remains after all in the hands of the Moroccan executive, because in truth it is a political decision ”.
According to the lawyer, “The Court in fact ruled on this case based on the data it possessed and relied on the agreement or treaty dated May 16, 2016 between the Republic of China and the Kingdom of Morocco which stipulates that if an extradition is requested by one party, the other must comply ”.
Now, he argues, “Whether this agreement should be respected or not, it is a debate which does not belong to the Court”.
The lawyer also expresses concerns about the fate of Yidrissi if he is extradited. ” We fear a lot for our client because it is certain death that awaits him on his arrival in China“, Deplores Me Miloudi Kandil, who specifies that Yidiresi Aishan “Is a sympathizer of the independence community of the Uyghurs in the Chinese province of Xinjiang. For China, all those who call themselves Muslims are terrorists. But my client’s only fault is precisely being a Muslim ”.
Master Miloud Kandil, however, remains confident about a political decision regarding the extradition request and concludes, ” We really hope that a political decision is taken and we are convinced that reason will prevail. Our country’s credibility is at stake because it is in its interest to defend the right to life, in the eyes of the world. “.
However, we know the importance that the Western world and the United States in particular attach to the Uyghur file. According to the human rights organization, Amnesty International considers that the Chinese, Yidiresi Aishan, arrested in Morocco ” runs the serious risk of being arbitrarily detained and tortured if forcibly transferred to China, yet sAccording to the principle of non-refoulement, no one should be sent back to a country where they would run a real risk ”.
AI recalls that more than a million Uyghurs, a mainly Muslim minority, are or have been detained in political re-education camps.