The Moroccan Superior Council of the Judicial Authority condemns the unfounded allegations in the European Parliament resolution. On Saturday, the Superior Council of the Judicial Authority condemned the unfounded claims in the resolution of the European Parliament (EP), of Thursday, January 19, 2023.
The Superior Council met this Saturday to take note of the EP resolution. It contains serious allegations and accusations that threaten the independence of the Moroccan judiciary.
These unsubstantiated claims distort facts, and sow doubts over the legitimacy and legality of the judicial processes, some of them already judged, and others still under advisement.
Accordingly, the Council strongly condemns the unfounded claims contained in the aforementioned Resolution.
It regrets the distortion of facts that occurred in trials that were in compliance with the law. This includes all international recognized constitutional guarantees and fair trial conditions.
The Council strongly denounces the European Parliament’s approach to the Moroccan judiciary system. It has prejudiced the Kingdom’s judicial institutions and violated their independence.
Moreover, the CSPJ utterly opposes any interference in the judiciary or attempt to influence their decision-making, particularly since some of these cases are still before courts.
This is contrary to all international norms, standards, and principles, as the CSPJ states in the statement.
The Council strongly condemns the resolution’s call to press the judicial authorities to release the individuals mentioned. It considers this a dangerous violation to the independence of justice as well as an attempt to influence the judiciar authority, particularly since some cases are still being viewed by the courts.
The Superior Council also rejects the fallacies in the resolution. They are inspired by some sources well-known for their dogmatic positions.
Further, the statement explains that all individuals mentioned in the resolution received fair trials in accordance to the law. This includes the presumption and innocence, access to all documents relevant for their cases, the right of defence, access the necessary documents, the right of public trial, summoning witnesses and hearing them, judicial expertise, right to appeal, and all other guarantees stipulated by Moroccan law.
The Council emphasizes that the facts of trial for the individuals named in the resolution by the European parliament are not related to their activities in journalism or to the exercise of their freedom to express and speak, as guaranteed by law and Constitution.
The Judicial Authority explains that these accusations are related to criminal law, which includes human trafficking and sexual abuse, as well as the exploitation of vulnerability. These acts are punishable by law in all parts of the world.
The Council rejects the double standard that characterizes this resolution. It, instead of condemning sexual assaults suffered victims, defends a number of untruths.
The Council reiterates that Morocco has made significant strides over the years to insinuate the independence of the public procuror from the executive powers since 2017. This, in addition to the consolidation of the independence of the magistrate set forth in the 2011 Constitution, opened the way to the creation of the Supreme Council of the Judicial Authority (SCJA) in 2017 according to the most advanced international standards of judiciar independence that some European countries are still far away from achieving.
The Council emphasizes the attachment of magistrates to their independence and to the protection and enjoyment of rights and freedoms.
The Council expressed its desire to preserve the independence of the judiciary from any interference or pressure, in accordance to the Constitution and its regulatory act.
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