The National Human Rights Council (CNDH) condemned “strongly” the “campaign of defamation, harassment and denigration, fierce and unprecedented in its magnitude”, of which the plaintiffs are victims in the cases of MM. Soulaimane Raissouni and Omar Radi as well as “the slander, attacks and repeated threats, attacking their dignity and endangering their safety, health and well-being”.
Making public its preliminary conclusions relating to the two trials, the CNDH expresses its “deep concern as to the treatment, contrary to the principles, values and culture of Human Rights, from which cases of sexual violence benefit in our society”.
Regarding the two cases, the CNDH notes the circulation of numerous erroneous and unverified information, in particular on social networks, reiterates its recommendation aimed at the criminalization of defamation speech, discrimination and incitement to hatred and violence as well as its recommendation on the establishment of an appropriate legal framework to fight against disinformation and “fake news”.
It recalls that no person may be subject, as underlined by the preamble to the Constitution and article 26 of the International Covenant on Civil Rights, to discrimination or persecution on account of their sex, identity and origin. social, his opinion, in particular with the aim of intimidation or to force him to silence, insisting that neither the profession, nor the notoriety nor the relations, nor even the opinions of the concerned, can constitute, by themselves, elements to charge or discharge of crimes and / or misdemeanors, as they can in no way call into question the principle of equality of citizens before the law guaranteed by article 6 of the Constitution.
The CNDH invites the judiciary to work to ensure, when it deems appropriate, the international provisions ratified by Morocco, pending an upgrade of the laws of the Kingdom with international standards and the provisions of the Constitution, as specified in its preamble, recommends being able to attend the closed hearings of the trials which are the subject of its observation and recalls its recommendation aimed at harmonizing the law organizing the Royal Gendarmerie with the provisions of the Constitution and international standards relating to the signing of minutes.
The Council further reiterates the recommendation mentioned in its annual report for the year 2020 on the need for lawyers to adhere to the principles of human rights and fundamental freedoms recognized by national and international laws, and to act in accordance with the law, international standards and ethical rules, as recalled in the Basic Principles relating to the role of the bar.
Likewise, it recommends establishing in law the possibility of an independent judicial appeal concerning all decisions involving deprivation of liberties, according to international standards in the matter, reiterates its recommendation for adoption by Parliament, as soon as possible. deadlines, reform of the penal code by enshrining the principles of legitimacy, necessity, proportionality and predictability of laws, as well as reiterating its recommendations for the amendment of Chapter VIII of the Penal Code, in particular articles 468 and articles 489- 493, in addition to his recommendation to make consent the basis of legislation on offenses and crimes of a sexual nature, as he reiterates his call to make the effective fight against the impunity of the perpetrators of assault and sexual violence a constant deterrent effect.
Also, the Council calls for the acceleration of the efforts of the Public Prosecutor’s Office concerning the rationalization of the use of preventive detention, the implementation of the provisions of Law 103-13 relating to the protection of victims as well as the procedures for the protection of victims. , witnesses and whistleblowers, in accordance with Law 37-10 as well as the need to set up a specific mechanism for the medical, psychological and legal care of victims of assault and sexual violence. On another note, the CNDH considers that the trials of MM. Raissouni and Radi proceeded in accordance with the law, stressing “that there remain elements which challenge in the course of these two trials” but which “are neither specific nor specific to these two cases”, because resulting from an insufficiency and a failure of the law, in particular the law on criminal procedure, in relation to international standards ”.
“These two cases represent only two case studies on the mismatch between some of the provisions of the said law and the constitutional and international provisions on fair trial, in particular article 120 of the Constitution of the Kingdom and article 14 of the International Covenant on Civil and Political Rights, of which paragraph e) stipulates that the accused has the right + to examine or have examined the prosecution witnesses and to obtain the appearance and examination of defense witnesses in the same conditions that the prosecution witnesses + ”, considers the CNDH.
The CNDH recalls that it is recommended, according to international standards in the matter, to refer in certain circumstances to statements made before the Tribunal, in addition to statements made during the investigation stage, in order to encourage testimony of witnesses in court in open court, according to the same source.
In addition, the Council notes that the condition of public conduct of the trials was respected, that the arrest procedures were in conformity with the law and with the criminal procedure and that a reasonable time was respected for the two trials.
The defenses of the two defendants required a face-to-face trial, requests accepted by the judges, adds the Council, continuing that the defendants were informed of the charges against each of them, that they had access to their lawyer. choices and were able to have the time and facilities necessary for the preparation of their defense, with the granting of numerous postponements for the preparation of the trials, in accordance with the request of their respective defenses.
The CNDH insists on the fact that the judicial care of victims of crimes and sexual offenses includes their medical and psychological care, in accordance with article 117 of the Constitution of the Kingdom, according to which: “The judge is in charge of the protection of the rights and freedoms and the judicial security of individuals and groups, as well as the application of the law ”.
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