Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Morocco

Aggression against Mr. Abdelhamid Amine⁶³

Mr. Abdelhamid Amine, president of the Moroccan Human Rights Association (Association marocaine des droits humains – AMDH), was assaulted by police officers during a peaceful sit-in in front of the Parliament in Rabat on 28 January 2004. Mr. Abdelhamid Amine remained unconscious for several minutes after the attack.

A large number of human rights defenders were also targeted for carrying out their activities: for instance, while responding to a call from the Coalition for the Right to Medical Care and Access to Drugs, and the Artists' Coalition for Cultural Diversity, several activists were violently beaten by the police.

Continued harassment and repression of Saharawi organisations and their members

Obstacles to freedom of movement and refusal to return passports⁶⁴

On 27 March 2003, 13 human rights activists and members of families of disappeared Saharawi persons were arrested at the airport in Casablanca while on their way to Switzerland to participate in meetings on forced disappearances in Western Sahara, organised by the International Bureau on the Respect of Human rights, and to attend the 59th session of the UN Commission on Human Rights.

The persons in question were Messrs. Brahim Dahane and Bacher Lakhfaouni, former disappeared and members of the Co-ordinating Committee of Saharawi Families, Mr. Sidi Mohammed Daddach, former prisoner and winner of the 2002 Rafto Foundation prize for human rights (Norway), Messrs. Brahim Noumri and Brahim Guarhi, former disappeared and members of the Moroccan Truth and Justice Forum Sahara section (Forum Marocain Vérité et Justice-section Sahara – FMVJ), Mr. Khaya Cheikh, former prisoner, as well as Messrs Sihi Mohamed Salem Zaidan, Mohamed Mahmoud Moumen, Hammia Ahmed, Walad Cheikh Mahjoubn, Aghlabouha Meimouma, El Qotb Hamma and Kiraoian M'Barka Alina.

They were immediately released, but their passports were not returned.

By the end of 2004, notwithstanding numerous requests, their passports had still not been returned.

Continued harassment of FMVJ-Sahara section

FMJV-Sahara section offices closed⁶⁵

On 18 June 2003, following a request by the criminal investigation police in April 2003, the Lâyyoun court of first instance decided to disband the Sahara section of the Moroccan Truth and Justice Forum (Forum marocain Vérité et Justice – FMVJ), for carrying out illegal and separatist activities in breach with its own statutes. The verdict also included a ban on all meetings of members of the section, the closing of its premises and the liquidation of the section's assets which were to be transferred to the FMVJ executive office.

As at the end of 2004, the verdict had still not been legally transmitted to the office of the court registrar, although this procedure is mandatory by law for appealing a decision.

Therefore, the Sahara section of FMJV had not yet been able to appeal the verdict, and its head office, including equipment and documents, were still sealed off.

Intimidation of members of the section⁶⁶

On 8 March 2004, when the United Nations Mission for the Referendum in Western Sahara (Mission des Nations unies pour l'organisation d'un référendum au Sahara Occidental – MINURSO) had just launched a programme to visit families of disappeared Saharawis in Tindouf, Mr. Aarbib Hariz, the head of the general intelligence services, personally threatened Messrs Sidi Mohammed Daddach, Salek Bazid, Alismaili Ibrahim, Baba Mayara and Hmad Hammad, members of the FMVJ-Sahara section.

Furthermore, members of the section travelling across the region were closely watched. On 20 June 2004, for instance, several police cars tailed Messrs Daddah, Ali Salem and Hmad's car while driving on their way to visit Saharawi families that had come from refugee camps as part of a visit programme organised by the Office of the High Commissioner for Refugees. When on mission, members of the section were further often intimidated by policemen at the police and "gendarmerie" roadblocks.

Moreover, the president of the FMVJ-Sahara section, Mr. Lahoussine Moutik, was still being subjected to constant administrative harassment. Mr. Moutik was dismissed from his job as a director of the accounts and IT department of a large company, following an interview with the ad hoc commission on Western Sahara of the European Commission in February 2002. Although the Lâyyoun courts of first instance and appeal ruled in his favour, Mr. Moutik, had still not received his severance pay as of end 2004. Furthermore, the financial consultancy firm he created in 2002 was under permanent surveillance by secret services officers (Direction de surveillance du Territoire – DST) and his clients were subjected to pressure to discourage them from using his services. In 2003, the registrar of the Lâyyoun court of first instance refused, with no apparent reason, to issue a certificate confirming that Mr. Moutik's company was properly registered. On 4 May 2004, the administrative court of Agadir, referred to by Mr. Moutik in 2003, declared it was not competent for judging the case. By the end of 2004, it had been referred to the court of first instance and was still pending.

Delivery of a passport for Mr. Ali Salem Tamek⁶⁷

Mr. Ali Salem Tamek, a member of the FMVJ-Sahara section, was sentenced to two years in prison and a 10,000 dirhams (900 euros) fine for "undermining State security". On 7 January 2004, he was granted a presidential pardon and released.

The Moroccan authorities, however, repeatedly refused to issue him a passport. He applied again on 21 October 2004 since, among other reasons, he needed to go abroad to receive the medical care he required as a result of his numerous hunger strikes while in prison. As the authorities did not respond his request, he went on a sit-in in front of the Prefecture in Assa (Western Sahara) on 25 October 2004. On 30 October 2004, the Moroccan authorities finally delivered the passport, thus enabling Mr. Ali Salem to travel to Spain for receiving due medical care.

Conviction of workers in the Evitima factory confirmed⁶⁸

In September 1999, 21 workers of the Evitima factory, all members of the Moroccan Labour Union (Union marocaine du travail – UMT), were ill-treated and tortured while under arrest after they went on strike. On 12 December 2001, they received a two months suspended prison sentence with a 500 dirhams (45 euros) fine.

On 27 July 2004, the sentence was upheld by the court of appeal. The legal proceedings against the alleged perpetrators of the ill-treatment they were subjected to were still pending as at the end of 2004.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

62. This information could not be confirmed since Mr El-Jahmi's whereabouts remain unknown.

63. See Press Release, 16 February 2004.

64. See Annual Report 2003 and letters to the Moroccan authorities, 3 March and 28 October 2004.

65. See Annual Report 2003.

66. Idem.

67. See annual report 2003 and letter to the Moroccan authorities, 28 October 2004.