Trial of Western Saharan Rights Defender, Ennaâma ASFARI, in deliberation

16 Jun 2008 | Information/Update

Ennaâma ASFARI

Ennaâma ASFARI, Western Saharan human rights defender and co-chairman the Committee for the Respect of Liberties and Human Rights in Western Sahara, appeared today before the appellate court in Marrakesh, Morocco. The trial is now under deliberation and the sentence will be pronounced on Monday, June 23, 2008.

We recall that Mr. Ennaâma ASFARI was released on Friday, June 13, 2008 at about 10h00 am (GMT +1). Mr. ASFARI, whose scheduled release was June 16, 2008, served his sentence of two months’ imprisonment, but was surprised by the director of the local Moroccan prison of Marrakesh when his sudden release was announced. Mr. ASFARI reported that the reasons for his release before the end of his sentence, according to the Moroccan prison director, in his case the law should not necessarily be respected and that there were orders from high officials to release him. Similarly, when Mr. ASFARI claimed his belongings, the director replied that superiors took them and that he can not give their names.

Moroccan security forces arrested Mr. ASFARI on April 13 in Marrakesh, Morocco. After being taken to various places of detention where he suffered mistreatment, he was presented to the general prosecutor on April 15 and had been official detained since April 17 at the Boulemharez prison in Marrakesh. On Monday Apri 28, Mr. ASFARI was sentenced to two months imprisonment and a fine of three thousand Moroccan dirhams (approx. US $300) by the Moroccan first degree court of Marrakesh on the basis of 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.

During his original trial, Mr. ASFARI argued that this detainment was politically motivated, given his political positions in relation to the Moroccan occupation of Western Sahara.

The defense of Mr. ASFARI, during the trial of first instance, focused on violations of the Moroccan Penal Code which guarantees the detainee’s right to contact immediately a family member (which has not been done in the case of Mr. ASFARI) and protection of 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 defense 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 intoxication).