MOROCCO: ARBITRARY DETENTIONS OF 18 MEN RELATED TO THE DISMANTLING OF THE GDEIM IZIK CAMP

The International League Against Arbitrary Detention urges Morocco to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 23/2023 concerning Sidi Abdallah Abbahah, Mohamed El Bachir Boutangiza, Mohamed Bani, Abdel Jalil Laaroussi, Abdulahi Lakhfaouni, Ahmed Sbai, Sid’Ahmed Lemjaid, Brahim Ismaili, Mohammed Khouna Babait, Mohamed Embareh Lefkir, Ennaâma Asfari, Mohamed Bouryal, Mohamed Lamin Haddi, El Hasane Azaoui, Abdellah Toubali, El Bachir Khadda, El Hassan Eddah and Mohamed Tahlil, asking Morocco to immediately release them, and to accord them an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning these individuals (Morocco): Opinion 23/2023.

18 MEN - JOURNALISTS, ACTIVISTS, OR INVOLVED WITH SAHRAWI ORGANISATIONS - ARRESTED IN RELATION TO THE DISMANTLING OF THE GDEIM IZIK CAMP

Messrs. Abbahah, Boutangiza, Bani, Laaroussi, Lakhfaouni, Sbai, Lemjaid, Ismaili, Babait, Lefkir, Asfari, Bouryal, Haddi, Azaoui, Toubali, Khadda, Eddah and Tahlil are nationals of Morocco, born between 1959 and 1987. Messrs. Lakhfaouni, Khadda and Eddah were journalists, the latter also being a human-right defender. Messrs. Sbai, Lemjaid, Ismaili, Lefkir, Asfari and Tahlil, as well as Mr. Khadda, were all at different levels involved in Sahrawi organisations. Messrs. Bouryal, Azaoui and Toubali were members of the Dialogue Committee with the Moroccan Government.

On 8 November 2010, the authorities dismantled without prior warning the Gdeim Izik camp, in which 15,000 Sahrawis had gathered to protest the socio-economic discriminations they were facing because of Moroccan authorities. The Government alleged this dismantlement was necessary, as the camp was aiming at destabilising the region and thus threatening national security.

In relation to these events, hundreds of arrests took place. Among those, between the 7th of November 2010 and 11th of August 2011, these 18 men were arrested in different locations and under different circumstances (e.g., while being in or fleeing the camp, at a relative’s home after having visited the camp…). Except Messrs. Asfari and Tahlil, all had presumably visited the camp at some point. All of them were charged and convicted for either ‘forming a criminal organisation and intentional murder’, or ‘participating in the murder and intentional murder’. They were convicted to sentences ranging from 20 years to life in prison. At the time of the source’s communication to the Working Group, all were still detained.

The Government was given the opportunity to contest these allegations, which it did.

ARBITRARILY ARRESTED AND DETAINED, WITHOUT AN ARREST WARRANT AND LEGAL REPRESENTATION

First of all, none of them was presented with an arrest warrant upon their arrest. While the Government did not deny this, it affirmed that Messrs. Asfari, Bouryal and Bani were arrested in flagrante delicto. The Working Group indeed found they were arrested in flagrante delicto, under different circumstances. Still, concerning the other 15 individuals, the Working Group found the response of the Government insufficient, as such finding a violation of article 9 (1) and (2) of the International Covenant on Civil and Political Rights.

During their initial hearing, the 18 individuals were also deprived of their rights to legal representation and to be informed of their rights. Besides, some of them were not allowed to speak. Considering the insufficient answer from the Government, the Working Group found that these individuals were deprived of their right to challenge their detention during their initial hearing, in violation of article 9 (3) of the Covenant.

However, though the source alleged the 18 individuals were presented in front of a judicial authority with too much delay, considering the exceptional circumstances of this large-scale violence and the need to transport the detainees to a different location, the Working Group did not find a violation in this regard.

Considering all the above, the Working Group thus found that the rights of the 18 individuals to liberty and security of person and to not be arbitrarily detained, protected under articles 3 and 9 of the Universal Declaration of Human Rights and article 9 of the Covenant, were violated. Therefore, the Working Group found that the arrests and detentions of the 18 individuals lacked a legal basis, rendering their deprivation of liberty arbitrary under category I.

VIOLATIONS OF THEIR RIGHT TO A FAIR TRIAL

The source alleged the 18 individuals were arrested and detained for exercising their rights to freedom of thought, expression, opinion, peaceful assembly and association. Moreover, the source alleged these individuals were also targeted because of their Sahrawi origin and political opinions regarding the right to self-determination of the Sahrawi people. The Government answered to those allegations by claiming that these arrests and detentions resulted from the violent confrontations which occurred on the 8th of November 2010, and that all citizens had the same rights. Considering the exceptional circumstances under which those arrests took place, or were related to, the Working Group accepted the Government’s answer, and thus did not find any violation with regard to category II and V of arbitrary detentions.

However, the allegation of the source according to which evidence obtained through torture were used during the trials of the 18 individuals, which the Government denied, was deemed consistent by the Working Group. Besides, during these same trials, the respective defence of the 18 individuals were also prohibited to challenge this use of torture. Thus, the Working Group found a violation of the right of these individuals to fair trial, under article 10 of the Universal Declaration of Human Rights and article 14 of the Covenant.

The source also alleged the dominating attitude of the prosecution against the 18 individuals and the involvement of civil parties denied the individuals their right to be heard by an independent and impartial tribunal. The Government denied this, notably by giving examples of the steps taken by the Court to grant the defences’ requests. Considering both sides, the Working Group found no violation on this matter.

Yet, the source also alleged that the 18 individuals’ respective defence were unable to question the police officers concerning the alleged torture the detainees faced. Considering the Government’s response to be insufficient in this regard, the Working Group thus found a violation of the principle of equality of arms and of the right to be heard by an independent and impartial tribunal, protected under article 14 (1) and (3) of the Covenant. The Working Group also noted that it already had to deal with similar cases concerning the use of evidence obtained through torture within judiciary procedures in Morocco.

Moreover, the source alleged the 18 individuals had no access to a lawyer during their initial interrogations, which the government denied. On this matter, the Working Group found a violation of the right of the 18 individuals to prepare their defence, under article 14 of the Covenant.

Eventually, while the source alleged the 18 individuals had still no access to the charges against them, the Government denied this. Considering that the respective judgements following the trials of the 18 individuals detailed such charges, the Working Group found no violation in this regard. Besides, concerning the allegations made by the source concerning some evidence used and questions posed during the trial, the Working Group considered it was not its role to decide on such questions.

Henceforth, considering all the above, the Working Group found the respective detentions of these 18 individuals arbitrary under category III.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detentions of Messrs. Abbahah, Boutangiza, Bani, Laaroussi, Lakhfaouni, Sbai, Lemjaid, Ismaili, Babait, Lefkir, Asfari, Bouryal, Haddi, Azaoui, Toubali, Khadda, Eddah and Tahlil were arbitrary and fell under categories I and III because their deprivations of liberty were in contravention of articles 3, 9 and 11 of the Universal Declaration of Human Rights, and of articles 9 and 14 of the International Covenant on Civil and Political Rights.

The Working Group urged the Government to investigate the circumstances of the violations of their rights and take appropriate measures against those responsible for them. The Working Group considered that, taking into account all the circumstances of the case, the appropriate remedy would be to release them immediately and accord them an enforceable right to compensation and other reparations, in accordance with international law. The Working Group also expressed its concern about the alleged numerous cases of arbitrary detentions in Western Sahara, and especially those related to the Gdeim Izik camp.