MOROCCO: ARBITRARY DETENTION OF YIDIRESI AISHAN

The International League Against Arbitrary Detention urges the Government of Morocco to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 20/2025 concerning Yidiresi Aishan, asking the Government of Morocco to accord Yidiresi Aishan an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Yidiresi Aishan (Morocco): Opinion No. 20/2025.

ARREST AND DETENTION OF UYGHUR ACTIVIST

Yidiresi Aishan is a national of China, belonging to the Uyghur minority, and was born in 1988. He moved in 2012 to Turkey, where he engaged in activities to assist refugees. In 2021, he traveled to Morocco to reach a European Union member state and file an asylum application.

On the night of 19-20 July 2021, upon his arrival at Casablanca airport, Mr. Aishan was arrested on the basis of a red notice issued by INTERPOL at China's request. On 20 July 2021, airport officials handed him over to the National Judicial Police Brigade and informed him that he was wanted by the Chinese authorities in connection with a terrorism case. After seeing a prosecutor, the latter reportedly ordered his preventive detention at Tiflet 2 prison, pending a ruling by the Court of Cassation on the extradition proceedings. On 11 August 2021, INTERPOL reportedly informed the National Central Bureau in Rabat that the red notice had been canceled. However, on 13 August 2021, the Moroccan authorities reportedly received an official request from the Chinese authorities for the provisional arrest of Mr. Aishan.

Mr. Aishan was presented before the Criminal Chamber of the Court of Cassation on six occasions between 12 August 2021 and 24 November 2021 to rule on the extradition request.

On 20 December 2021, the Committee Against Torture reportedly sent a request for interim measures to the Moroccan authorities, urging them not to extradite Mr. Aishan while his request was being examined by the Committee. On July 15, 2024, the Committee Against Torture issued its final decision, concluding that Mr. Aishan's extradition to China would constitute a violation of Article 3 of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

Mr. Aishan was detained at Tiflet 2 prison from July 20, 2021, to February 12, 2025, when he was released on provisional release.

The Government of Morocco was given the opportunity to contest these allegations on 29 November 2024. It answered on 3 March 2025, after the limit date set by the Working Group.

DETAINED WITHOUT A LEGAL BASIS AND WITHOUT ACCESS TO LEGAL ASSISTANCE

According to the source, Mr. Aishan was kept in detention after the INTERPOL red notice was canceled on August 11, 2021, even after several liberation requests. Furthermore, the red notice was cancelled on 11 August 2021, and the Moroccan government received the telegram from China requesting that Mr. Aishan remained in detention on 13 August 2021. The Government failed to explain why Mr. Aishan was kept in detention during those two days. Given those elements, the Working Group found that Mr. Aishan's continued detention during that two-day period was not justified. Therefore, violating article 9 (1) of the Covenant.

Additionally, Mr. Aishan did not have access to a lawyer during the initial phase of his detention. He was brought before the public prosecutor at the Casablanca Court of First Instance on 20 July 2021, without being able to benefit from the assistance of a lawyer, as he was only able to obtain legal assistance on 28 July 2021. The Working Group observed that in order to exercise his right to challenge his detention as enshrined in article 9 (4) of the Covenant, a detained person must generally have access to legal assistance. The Working Group noted that the Government did not specify whether the lawyer was able to present arguments on behalf of his client before 28 July 2021, in particular during Mr. Aishan's appearance before the Public Prosecutor at the Casablanca Court of First Instance. Consequently, the Working Group considered that there had been a violation of article 9 (4) of the Covenant.

Therefore, considering all the above, the Working Group found that Mr. Aishan’s detention lacked a legal basis, rendering his deprivation of liberty arbitrary under category I.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Yidiresi Aishan was arbitrary and fell under category I because the deprivation of liberty of Yidiresi Aishan was in contravention of article 9 of the Universal Declaration of Human Rights and article 9 of the Covenant.

The Working Group recommended that the Government of Morocco take the steps necessary to remedy the situation of Yidiresi Aishan without delay and bring it into conformity with the relevant international norms. The Working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to accord him an enforceable right to compensation and other reparations, in accordance with international law. It also demanded that the Government of Morocco ensure that a thorough and independent investigation be conducted into the circumstances of Mr. Aishan's arbitrary deprivation of liberty, and take appropriate measures against those responsible for violating his rights.