Article published in L'Express / September 2010
By Suleiman Bencheikh and Myriem Khrouz
At eleven o'clock in the morning there are crowds at the Court of First Instance of Midelt, a small village on the borders of the Middle Atlas. The disorderly queue of litigants stretches in a row underground. Itto, a young nomad, is there "to divorce". On several occasions, her husband was picked from the matrimonial home, but this time he wants to do it officially and definitively. Itto knows neither his age nor the date of his marriage. It follows the eyes, mute the incessant ballet of lawyers. Berber-speaking and illiterate, she does absolutely nothing that is said about her, just as it fails to decrypt the information plastered on the walls. Fortunately, her father accompanied her. He knows a few words of Arabic and tries valiantly obtain information. But that's six hours with these two women waiting to no avail: they do not even know when will be their audience. Itto walk away empty-handed, determined to return a week later. Like many defendants, it must explain his case alone, without other aid than his father. Like her, thousands of Moroccans in rural areas are poor with a system they often do not understand the language. "The Moroccans have the right to testify in Arabic. The Berber particular can not benefit from the assistance of an interpreter, unlike a European who may testify in the language of their choice, "said a lawyer from Rabat.
justice for the poor
Language is not the only barrier. In the vast majority of small business people, often illiterate, are forced to defend themselves. Few people can afford a lawyer: Clerks office exist, but they are a rare commodity, restricted to the poorest. "I know a widow, nomadic and living alone, who has been denied such assistance because she had a job: breeder. She had a chicken and a goat, "says Brahim Am Mbarek, Bar Meknes.
These obstacles partly explain the discredit suffered by the Moroccan justice system: a system that has cut its public service nature and endorsed the inequalities between men and women , rich and poor, majority and minorities. "It is no coincidence, says President Transparency Morocco, Rachid Filali Meknassi, if in the opinion polls, the justice happens regularly at the top of the most corrupt public services. Rates are around 80%, at the same level as the police and gendarmerie! "
A Midelt, Fatima says:" At 29, with 2 children, divorced with no income, I can not get a pension when the court gives me the right. I paid my lawyer with great difficulty before realizing that my husband was paying too ... and more expensive than me since I have no legal aid ".
Above laws
Corruption primarily benefits the richest, this discredits even further the institution. Several cases involving relatives of the royal family have hit the headlines in recent months. Covered mainly by the Arab press, they have helped raise more light on the shortcomings of a merciless justice with the poor and powerless, if not corrupt, against the powerful. Accused of last year's assault by a lawyer Khenifra, then having kidnapped and tortured a "little maid" Amahzoune Hafsa, one of King's aunts, was never worried. Neither did her son, involved in a fatal accident. Previously another cousin of King Hassan Yacoubi, who was arrested for having a red light, reacted by shooting the officer. At the time, a lawyer argued in a newspaper Casablanca "a normal citizen did not put them out with less than ten years in prison."
The ills of the Moroccan justice system has yet been diagnosed a long time. In 1995, a report from the World Bank has sounded the alarm. King Hassan II then promised reform. He particularly emphasizes the need to strengthen the training of judges better trained, including the physical condition must be improved. But nothing is really happening and the operation "clean hands" launched by Driss Basri, Minister of Interior, fizzled. Only progress: the creation a Consultative Council on Human Rights. Hassan II understood that the world has changed and he will have to make some progress on rule of law ...
Mohammed VI to adopt him, during the early years of his reign, two measures Lighthouse: a new family code or Moudawana and the creation of the Equity and Reconciliation Commission (IER) in charge of the years of lead solder in compensating victims of violations of human rights. Undeniably, These two texts constitute progress. They do are no less certain limits. The new Moudawana does not address gender inequality in inheritance. As for the text on the ERC, it provides no sanction against the perpetrators of the years of lead. A gap heavily criticized by some advocates of human rights.
The reform of the judiciary itself, it remains a work in progress. "Four ministers have not been enough! There were drafts of reform. But never thought of combining the real practitioners of law ", complains Amina Bouayach, president of the Moroccan Organization for Human Rights (MOHR).
Awareness is nevertheless real. Minister in the government of Socialist Abderrahamane Youssoufi Azzimane Omar is a statement without concessions, "Building the rule of law and strengthening of ethics," he wrote in 2002, appear today as the conditions the establishment of a modern economy governed by rules of the game namely, transparency, legal certainty and predictability (...) The success of this enterprise also depends on the ability of justice to accompany and support the comprehensive upgrade of the company, his successor, Mohamed Bouzoubaa, obtained a consensus for a moratorium on the death penalty. Rallying to his cause Islamists nostalgic for the Shariah, it also reduces from 21 to 11 the reasons for which capital punishment may be imposed.
And now?
reform of justice, she looks more and more like a sea serpent was appointed justice minister in 2007 after the death of Bouzoubaâ, the socialist Abdelouahed Radi has worked on a project, but elected last year as head of the Socialist Union of Popular Forces (USFP) was replaced in January by the Department of Justice Mohamed Naciri. Which took over the case ... The project is still not out of cardboard. Only the main roads, which were the subject of a document submitted to the king, are known: modernization of the courts, with the financial support of Europe, to make access easier for litigants (reception windows, trial monitoring over the Internet) overhaul of the Superior Council of Magistracy, the fight against corruption (more rigorous selection and training, enhanced supervision and inspection, improving the material situation of judges). The reform envisaged by Radi also included the transfer to regions of a number of powers exercised today by the Department (Mutations, inspections) and the creation of regional judicial districts.
The practitioners of law, which have not been involved in preparatory work, welcomed the project with suspicion. Even with some hostility. Aberrahim Jamai, a famous lawyer and activist unrepentant Casablanca, does not mince words: "The text of Radi is zero! It contains not more than three pages. And it was addressed to the King without even the Prime Minister has not have a say. "
The new minister, Mohamed Naciri is also the lawyer for royal affairs, so near the palace. "This choice, says Rachid Filali Meknassi, president of Transparency Morocco, says symbolically that the courthouse has lived in the shadow of the royal palace and that the attorney appointed to administer justice can claim that the authority of Sovereign. "The confusion obviously raises the question of independence of the judiciary vis-à-vis the king.
Listing subjection of judicial authority on royal power, the right of grace refers to the religious legitimacy of the sovereign, who is also Commander of the Faithful. Until 2003, Mohammed VI has used it with a certain magnanimity. But the attacks in Casablanca this year have changed the situation. Since then, Islamist detainees have seen all their appeals for clemency rejected. "The right of grace illustrates the government's stranglehold on political justice, Rachid Filali Meknassi analysis. The postponement recurring debate on this issue highlights the difficulty of the subject. In fact, anyone who can deal on behalf of the State are bound by an obligation of confidentiality that can be lifted only by order of Chief Magistrate. "
On July 30, in his speech from the throne, King Mohammed VI reiterated its commitment to justice reform, "the keystone of the supremacy of the law. " Does this mean that a text is finally presented to parliament in the coming months? Nothing is less certain.
A palpable impatience
Number of foreign partners of Morocco does not hide that they want reform is finally put on track. This was even one of the points in the first political meetings between Moroccans and Europeans in the "advanced status" which now links the Kingdom to the European Union. Further reform of the institution, along the lines of greater independence, several Western countries argue that Morocco lift its reservations on certain clauses contained in international conventions ratified by Rabat, including the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Children. ; The lifting of these reservations would allow individual complaints to international justice. It would, indirectly, requiring the Moroccan justice to decide taking into account the provisions of these treaties. But there is no indication that such an approach is currently envisaged.
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