The appeal trial of the Sahrawi political prisoner Mr. Mohamed BOUTABAA, postponed
29 Apr 2008 | Information/Update, Political Prisoners
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.