Human Rights Watch: Moroccan abuse inquiry ’sham’, reveals police ‘impunity’ in Western Sahara
8 May 2008
Human Rights Watch
Morocco: Sham Inquiry Highlights Impunity for Police Abuse
Prosecutor Prematurely Closes Investigation Without Hearing All Testimony(New York, May 8, 2008) – Citing “lack of evidence,” Moroccan authorities closed an investigation into police abuse allegations made by two human rights defenders whose testimony the prosecutor refused to solicit, Human Rights Watch said today.
The two Sahrawi human rights advocates, Dahha Rahmouni [left] and Brahim al-Ansari [right], say that, in December 2007, police in the city of El-Ayoun, in the Moroccan-controlled Western Sahara, arbitrarily arrested and beat them before releasing them without charge. Human Rights Watch is making public today the men’s formal complaints [Rahmouni’s complaint, in Arabic and Ansari’s complaint, in Arabic] and additional evidence indicating that authorities did not conduct a credible investigation into the incident before announcing the end of the probe on May 5.
“A real, impartial investigation would have included testimony from both the police officers accused of abuse and the rights advocates making the allegations,” said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch. “Instead, Moroccan authorities chose to hear only one side, showing they’re not impartial.”
Since submitting their complaints to the office of the prosecutor at the El-Ayoun Court of Appeals in January 2008, the only contact the two men have had from Moroccan authorities came on May 5, when police informed them that the prosecutor at the El-Ayoun Court of Appeals had closed the investigation into their complaints for “lack of evidence.”
Police made the men sign a one-page document to this effect, but refused their request for a copy.
Human Rights Watch’s release of correspondence and documentation related to the case shows that, from the start, Moroccan authorities sought to discredit the plaintiffs rather than arrive at the truth.
In an email sent to Human Rights Watch in February, authorities denied mistreating the two men and released them the same day. The email called the men “[pro-Polisario] separatists … seeking to inflame tensions and present the Kingdom as a ‘monster’ that has no respect for human rights.” The authorities maintained, falsely, that the men had filed no complaint with judicial authorities, “prov[ing] once again that they were seeking mainly to broadcast their claims to the rest of the world and misinform international public opinion.”
The authorities further claimed that police had sought to arrest Rahmouni on numerous counts, and that he belonged to an “unrecognized” association.
Human Rights Watch responded by furnishing Moroccan authorities with a copy of the formal complaints that the two men had lodged with the prosecutor on January 4, 2008; a document showing that Rahmouni had a clean judicial record; and a court decision [also in Arabic] showing that the organization to which he belonged, the Sahrawi Association of Victims of Grave Human Rights Violations Committed by the Moroccan State (ASVDH), had followed the proper procedures for obtaining legal status.
Human Rights Watch also provided the men’s detailed written testimony [Rahmouni’s testimony, in French and Ansari’s testimony, in French] of how police had subjected them to beatings and other mistreatment, including:
- forcing them to sign against their will statements that they were prevented from reading;
- questioning the two men about their peaceful activities in defense of human rights; and
- threatening them if they did not cease these activities.
On March 21, 2008, Human Rights Watch sent the above-mentioned materials and a letter to the Moroccan authorities seeking clarifications in light of the apparent inaccuracies in their initial response. Human Rights Watch has yet to receive a response.
“We welcome a genuine dialogue with authorities on human rights concerns,” said Whitson. “But in this case, we received a cynical string of falsehoods, a response that indicates that the government will back up police abuses.”
Each year, scores, if not hundreds, of Sahrawi victims file formal complaints to local prosecutors alleging police violence in El-Ayoun and elsewhere in the contested Moroccan-controlled Western Sahara. Like the formal complaints filed by Rahmouni and Ansari, the authorities dismiss the overwhelming majority of these complaints without collecting evidence beyond the police’s own version of events. In most cases, authorities rarely follow up on complaints.
“Investigations that appear to be carried out in bad faith perpetuate impunity for police mistreatment of Sahrawis,” Whitson said. “If Morocco wants to be taken seriously on human rights reform, it must credibly investigate human rights violations in Western Sahara.”
See the original:
http://hrw.org/english/docs/2008/05/08/morocc18762.htm
Freedom House: Moroccan occupation of Western Sahara still one of world’s ‘most repressive’
7 May 2008
The U.S.-based human rights watchdog Freedom House yesterday released its annual report on the world’s most authoritarian regimes and gravest human rights situations.
Titled Worst of the Worst: The World’s Most Repressive Societies 2008, the report classified Morocco’s presence in Western Sahara alongside more well-known human rights catastrophes like China, Saudi Arabia and Zimbabwe.
Following the release of the report, Aili Piano, managing editor, stated, ‘Each of these countries is characterized by widespread human rights violations and the systematic denial of a broad range of freedoms’.
‘We offer this report in the hope that it will assist the democratic world in pressing the case for freedom at the United Nations and other forums’, he added.
Morocco invaded Western Sahara in 1975, which was still a Spanish colony at that time. As called for by the Security Council, a UN mission has attempted to organize a referendum on independence since 1991, yet Morocco has refused to cooperate with this objective.
Despite promises of reform from the Moroccan government, it appears that little has changed in Western Sahara since King Mohamed VI assumed his father’s throne in 1999.
The report indicates that the human rights situation in Western Sahara has not improved in the past ten years, consistently earning one of a “not free” rating — one of the lowest possible on Freedom House’s scale.
Likewise, Amnesty International, Human Rights Watch and the State Department annually blast Morocco’s human rights record in Western Sahara. Since taking the territory, Moroccan forces have disappeared over 500 Sahrawis, many of whom remain unaccounted for.
Freedom House, an independent nongovernmental organization, supports the expansion of freedom worldwide.
Read the section on Western Sahara here.
Read the full report here (PDF).
In occupied Western Sahara, the name Sabbar can be costly
6 May 2008
The name Sabbar makes police hysterical and they began to beat the holder of this name.
This is the case of a young Sahrawi, Mr. SABBAR (17 years), who was detained on Thursday, 1st May 2008, in El-Ayoune, following his participation in the workers March organized on the occasion. When police officers knew that this young Sahrawi is called SABBAR they asked him if Brahim SABBAR is one of his relatives.
The young Sahrawi replied that Brahim SABBAR is effectively his cousin. The police began beating the young Sahrawi who couldn’t understand what was happening to him.
Once home, the young Sahrawi recounting his painful experience to the members of his family, saying that only his cousin, Brahim SABBAR, is the cause of what he endured. The cousin, Brahim SABBAR, who is not the Sahrawi human rights defender Mr. Brahim SABBAR in prison since June 17, 2006, informed his cousin that the police had confused the names of the cousin with that of the human rights defender.
People must now avoid being confused with the Sahrawi activists if they don’t want to endure what the young SABBAR has undergone. Unfortunately this may happen again because the names of Sahrawis resemble eachother.
Mission Report of the International Observers at the Trial of Ennaâma ASFARI
5 May 2008
THE INTERNATIONAL ASSOCIATION OF LAWYERS DEMOCRATS
ASSOCIATION FRENCH “RIGHT SOLIDARITY”
THE AMERICAN ASSOCIATION OF LAWYERS (AAJ)
THE TRIAL OF 1ST INSTANCE ENNAAMA ASFARI
A MARRAKECH 28 APRIL 2008
France WEYL - Aline CHANU - Lawyers for the Court
Recalling the reasons for the mission
Ennaâma ASFARI (picture), activist Sahrawi human rights and for recognizing the right of the Saharawi people to self-determination, co-Chairman of CORELSO (Committee for the Respect of Liberties and Human Rights in Western Sahara), was arrested Sunday, April 13 to 20:30 in Marrakech where he was for personal reasons. Only Wednesday, April 16, 2008 at the end of the day it has been located and he could be known only after being detained in various locations where he had been severely beaten, and without being able to prevent his family He had been presented to the Public Prosecutor Tuesday, April 15 to 10 hours and then before the Tribunal to 17 hours the same day. He had to go on trial Friday, April 18, but he requested a reference could not have any contact with a lawyer to prepare his defense. Thus, the Court referred to a hearing set for Monday, April 21, 2008 at 9:30 am, followed by that date after hearing the complainant and a witness, referred to April 28 given the contradictions between their statements. (Annex 1 report 21 April 2008) Against all odds, it has not been granted the bail request submitted by his lawyers, and Ennaâma ASFARI detainee appeared before the Court of Marrakech Monday, April 28. It must be remembered also preliminarily that the week has separated the two hearings was rich in events. Indeed civilian mission of observation of human rights in Western Sahara that after attending the hearing (Claude Mangin his wife have been able to meet the prison Tuesday, April 22) had set out again in the direction of Laayoune, was arrested at his father Abdi ASFARI, himself militant emblematic of human rights, disappeared for 16 years in the Hassan II dungeons, Thursday, April 24 to TAN TAN, then have been held for 13 hours at the police station where each of its members was questioned about his activities, has been expelled from Morocco on the orders of the Governor of the Region under the pretext that they might affect public order. (Annex 2 releases)
Three young Sahrawis detained, maltreated
5 May 2008
On the occasion of the celebration of the International Workers’ Day, 1st May 2008, in El-Ayoune, Sahrawi citizens took part in workers marches organized on this occasion. The Sahrawi participating in these marches denounced the social and economic conditions of the Sahrawi people and called for respect of right to self-determination of the Sahrawi people as they have demanded the immediate release of Sahrawi political prisoners in different jails of Morocco.
The security forces responded to the demands of protesters by arresting young Sahrawis: Mr. Najem ELALLAWI (21 years), Mr. Mohamed ELMEHDI (18 years), Mr. SABBAR (17 years), Mr. Said HADDAD (20 years and disabled) and Miss. Fatima Laaziza BELGASM (16 years). These five young Sahrawis claim to have been ill-treated at the place of the demonstrations by police officers in plain clothes under the orders of the officer Mr. Aziz ANNOUCHE, known by the nickname ‘Touhima’. Miss. Fatima BELGASM, according to her testimony, was taken to hospital ‘Belmehdi’ in El-Ayoune, where a nurse has injected an unknown product with large syringe in her feet.
Following, the testimony of Mss. Fatima Laaziza BELGASM:
After my participation in the march of 1st May, during which national slogans were shouted, and specifically around 12: 30 GMT, the torturer Aziz ‘Touhima’ arrested me with a group of police officers in plain clothes . After they have beaten me and kicking me on different parts of my body, I lost consciousness and I fell on the ground because of torture. I was taken to hospital ‘Belmehdi’ and I was put in a room alone. After a few minutes a nurse came in with police officers in plain clothes and began to torture me with a savage way, under orders of police officers, with a large syringe stinging me more than thirty times under my feet. The nurse and police officers continued to torture me physically and psychologically while my family was forbidden to enter the hospital for more than three hours.
Video: Sahrawi students under attack in Marrakesh
30 April 2008
Five Sahrawi political prisoners sentenced to ten months prison
30 April 2008
Five Sahrawi political prisoners appeared today, Wednesday, April 30, 2008, before the court of first degree in El-Ayoune, which condemned Mr. Omar KHNIBILA, Mr. Bachir KHADDA, Mr. Mohamed BACHIRI, Mr. Abdessalam LOUMADI and Mr. Hassan DHA to ten months in prison.
The five political prisoners were charged by the court to have burned a truck and caused burns to the occupant, burned a second truck and a police car and assaulting and insulting a state officer on duty. The court dismissed the first three charges and kept only the aggression and insult against a state officer on duty. The court then decided to condemn these five Sahrawi political prisoners to ten months in prison.
We recall that Mr. Omar AKHNIBILA, born in 1985 and an intern at the Institute of Applied Technology in El-Ayoune, was arrested Wednesday, October 17, 2007, and detained Saturday, October 20, 2007. His father, Elmokhtar AKHNIBILA, as well as his brother, Mohamed AKHNIBILA, are also imprisoned at the same prison and had been sentenced the day before yesterday, Monday, March 31, 2008, to ten months in prison for aggression and injury and destruction of public property.
Mr. Abdessalam LOUMADI was arrested on October 10, 2007 in El-Ayoune while he was filing a complaint against the police with his father to the Attorney General at the Court of Appeal, and incarcerated on October 15, 2007. Mr. LOUMADI had been previously sentenced on March 20, 2007 to a year and a half in prison. The appellate court reduced the sentence to one year on May 15, 2007. Mr. LOUMADI was released after serving his sentence on Aug. 24, 2007. He was attacked in his exit at the reception by his family at the door of the black prison.
Mr. Bachir Elaabed Elmohtar KHADDA, aged 21, an intern at the Institute of Applied Technology in El-Ayoune, was arrested on November 14, 2007 in El-Ayoune. He was taken into custody from 14 to 17 November 2007. He was jailed on Nov. 17, 2007.
Mr. Hassan DAH was arrested on October 10, 2007 in El-Ayoune and incarcerated on October 15, 2007 at the Black Prison.
Mr. Mohamed BACHIRI was arrested on October 10, 2007 in El-Ayoune and incarcerated on October 15, 2007 at the Prison Noire.
The appeal trial of the Sahrawi political prisoner Mr. Mohamed BOUTABAA, postponed
29 April 2008
We recall that Mr. Mohamed BOUTABAA was arrested on June 16, 2007 at the district of Matallah in El-Ayoune, incarcerated in the black prison on June 22, 2007, after being presented to the Attorney General after five days past in the Judicial Police station (48h are the legal deadline, extended by 24 hours on the orders of the attorney general). Mr. BOUTABAA is charged for throwing Molotov cocktails against a vehicle of a soldier and caused burns to its occupant. This accusation, under Article 580 of the Moroccan Penal Code, places Mr. BOUTABAA under the threat of the death penalty. To support this, the public prosecutor cites the judicial police and investigation judge records.
For lawyers, only when there in case of flagrant delicto, the report alone may be regarded as sufficient to base a judgement. Here, no flagrant delicto. Mr. BOUTABAA was arrested one month after the incident, based on testimonies collected by police. It is therefore necessary and mandatory, for judges as lawyers, to hear witnesses, to charge as exculpatory, questioning the accused and judge at the end of a contest trial. On 27 February, Mr. Mohamed BOUTABAA was eventually tried and sentenced to one year in prison.
Asfari sentenced to two months prison
29 April 2008
Sahrawi human rights defender, Mr. Ennaâma ASFARI, co-president of the CORELSO, appeared yesterday Monday, April 28, 2008, before the court of first instance in Marrakech, for the following charges:
- Driving in a state of drunkenness
- Possession of a weapon (a knife)
- Having hit a motorist in the eye following a car crash
The defence of Mr. ASFARI focused on violations of the Moroccan Penal Code which guarantees the detainee’s right to prevent immediately a family member (which has not been done in the case of Mr. ASFARI) and protection of the physical integrity of the detainees (Mr. ASFARI was beaten before putting him in the police car and was tortured in an unknown location and he was not allowed to see a doctor). The defence also pointed out the contradictions between the witness and the complainant and emphasized the absence of evidence (the complainant denied seeing Mr. ASFARI with a knife, no medical analysis has been conducted to prove the drunk). The defence then asked the judge to rule fairly and seriously and to ensure a fair trial to the accused.
Mr. ASFARI, speaking, emphasised the political aspect of his judgement and refuted the accusations of the court and maintained he was detained on the basis of his political positions in relation to the conflict of Western Sahara.
The court then pronounced a sentence of two months’ imprisonment against Mr. Ennaâma ASFARI and a fine of three thousands dirham (3,000.00). The defence of Mr. ASFARI decided to appeal.
Mr. ASFARI was supported by lawyers, Me Mohamed SABBARI and Me RACHIDI Mustapha, and two French observers, France WEYL and Aline CHANU, four observers from Spain and two observers from Moroccan Human Rights associations in addition to Sahrawi activists, such as the former Sahrawi prisoner Sidi Mohamed DADACH, president of CODAPSO, Mohamed MAYARA, member of the executive office of the ASVDH, and Sid Ahmed LEJEYID, president of CSPRON.
We recall that Mr. ASFARI was arrested on April 13, 2008 in Marrakech. After various places of detention where he suffered mistreatment, he was presented to the prosecutor on April 15 and has been detained since April 17, 2008 at the prison Boulemharez in Marrakech.
Said ELBAILLAL released!
28 April 2008
Mr. Said ELBAILLAL was arrested on December 26, 2007, in Smara. The Court of Appeal in Rabat has commuted the initial sentence of imprisonment from eight months, to which Mr. ELBAILLAL had been condemned, to a sentence of four months’ imprisonment, on March 27, 2008.
At this occasion, the ASVDH presents its warmest congratulations to the Sahrawi political prisoner, Mr. Said ELBAILLAL; his family who were exposed to threats and intimidation by the Moroccan authorities at Smara in order to prevent the holding of a reception at their son.
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