The Club of Lawyers in Morocco reacted to calls for terrorism against Morocco, launched by a former Algerian soldier. The Club therefore decided to contact the Executive Directorate of the Counter-Terrorism Committee (DECT), which works closely with the UN Security Council and the UN counter-terrorism office.
The objective of the measure is “to prepare a motion which aims to condemn the speech inciting terrorism uttered by the Polisario and soldiers close to the Algerian regime, while denouncing their rapprochement with the Iranian regime”, explains the Club.
He noted in this regard that “the last few months have seen a proliferation of media messages inciting to commit acts of terrorism by a former colonel and Algerian journalists which could threaten security and peace in the Maghreb region”.
To recall that “the Algerian penal code in its article 87 Bis 4 condemns and sanctions the apology of terrorism, Art. 87 bis 4 provides that Anyone who apologizes for, encourages or finances, by any means whatsoever, the acts referred to in this section (acts of terrorism) is punished with a term of imprisonment of five (5) to ten (10) years and a fine of one hundred thousand (100,000) DA to five hundred thousand (500,000) DA ”.
The Club of Lawyers in Morocco notes, moreover, that “the unilateral rupture, by Algeria, of diplomatic relations between the two countries, will not facilitate the application of these provisions, especially those who advocate these acts. are close to the Algerian regime ”.
On the other hand, continues the Club, with regard to the procedure before Interpol, this body does not receive complaints directly but through the procedure of red notices.
A Red Notice is based on a national arrest warrant issued in accordance with the national law of the requesting country. A Red Notice is not an international arrest warrant. It is up to each country to decide whether or not to request the publication of a Red Notice, and therefore, Interpol does not have the power to issue a warrant, or to issue a Red Notice on its own initiative.
Any request for a Red Notice must of course meet the conditions set out in the national law of the requesting country and in any applicable convention to which it is a party. Any request must also meet the conditions set out in the Statute and regulations of Interpol.
Likewise, the Club further notes, the Terrorist Financing Convention was the first global instrument to establish criminal liability for the logistical support which precedes most significant acts of terrorist violence and which is essential for constituent groups. the institutional infrastructure of terrorism.
Article 20, paragraph 2, of the International Covenant on Civil and Political Rights provides that:
Any appeal to national, racial or religious hatred which constitutes incitement to discrimination, hostility or violence is prohibited by law.
In view of all this, the club decided to turn to DECT, knowing that the United Nations Security Council addressed incitement to terrorism in two of its resolutions: 1373 in 2001, and 1624 in 2005. .
The Council has given particular attention to the issue of inducement in resolution 1624 (2005), in which it calls on all States to adopt measures which may be necessary and appropriate and are in accordance with their obligations under the Council. international law, for:
a) Prohibit by law incitement to commit one or more terrorist acts,
b) Prevent such inducement,
(c) Deny asylum to any person about whom there is credible and relevant information that there are serious grounds for believing that he is guilty of such incitement.
In addition, article 218-5 of the Moroccan penal code provides that “Anyone who, by any means whatsoever, persuades, incites or provokes others to commit one of the offenses provided for in this chapter (act of terrorism), is liable to the penalties prescribed for this offense and which can go as far as life imprisonment ”.
As a reminder, a former Algerian colonel called on the Polisario separatists to launch a war against Morocco, targeting Casablanca and Marrakech, the economic capital and the capital of tourism. The latter has been prosecuted for rape for several years, but he is still at large because he is protected by the military secrets he holds against Algeria.
In a televised intervention, a retired former soldier called on the Polisario militias to commit terrorist acts in central Morocco, while so far attacks by Sahrawi separatists, according to their war communiques, indicated that he attacked southern Morocco, in its Saharan provinces.
“Move the war to Moroccan territory to sow chaos and terror in Casablanca, in Marrakech. If you want independence, you must die as a martyr ”, launched Mokhtar Said Mediouni, in a statement as irresponsible as it is serious on the Al Hayat TV channel which created a tailor-made program for him.