Moroccan coalition explores legal action against minister in intelligence leak case
2007-07-30
A group of journalists and civil society organisations in Morocco is considering legal action against Communications Minister Nabil Benabdallah, following statements the official made in connection with the criminal case currently underway against Al-Watan Al-An employees Abderrahim Ariri and Mustapha Hormatallah.
By Mawassi Lahcen for Magharebia in Casablanca – 30/07/2007
 [Lahcen Mawassi] The Committee for Solidarity with Al-Watan Al-An protests the detention of the two journalists at the courthouse entrance. |
A coalition of civil society organisations criticised public statements made by Communications Minister Nabil Benabdallah during the detention and investigation of Al-Watan Al-An Editor-in-Chief Abderrahim Ariri, and journalist Mustapha Hormatallah, in a case involving the leaking and publication of classified Moroccan security documents.
Mohamed Hafid, co-ordinator of the new Committee for Solidarity with the El-Watan Al-An Newspaper, said the committee is exploring filing a lawsuit against the Communications Minister following statements in which the official issued judgements against the two journalists involved in a case under investigation. According to Hafid, Benabdallah disclosed information on the course of the investigation at a time when it was incumbent upon him to honour the investigation's confidentiality. The committee accuses the Minister of exploiting public television channels in Morocco during the two journalists' detention and investigation in order to rally public opinion against them and steer the course of justice.
The two journalists were arrested on the morning of July 17th, following their July 14th publication of two internal security memos which contained directives and orders to raise the country's alert status to maximum due to terrorist threats expected in Morocco.
The first document warned of threats made in videotapes by the organisation called "Ansar al-Islam in the Muslim Desert". The second document discussed the formation of a terrorist organisation called "Legions of Death" which was to carry out terrorist and destructive acts in Arab countries, including Morocco. Legal proceedings began against the journalists after two extensions of the 96-hour custody period. The public prosecutor authorised the provisional release of Ariri, but kept Hormatallah in custody to await trial.
In its first hearing, on July 26th, the Court of First Instance rejected the petition of the two journalists' defence committee, made up of 96 lawyers, aimed at securing the provisional release of Mustapha Hormatallah. The court also decided to postpone the trial until July 30th.
The prosecutors' decision to pursue the two journalists under Penal Law and not Press Law has been the subject of much criticism and debate. Rather than charging the two men with 'publishing secret documents harmful to the kingdom's internal and foreign security' as had been expected, the public prosecutor charged them with 'concealing items derived from a crime', maintaining that they were hiding documents stolen from the military. Therefore, the case against the journalists is based on their possession of the documents rather than their publication.
This strategy has stimulated a debate in Morocco's political and human rights arena on the rights of the press to obtain information. In statements on the case, National Press Syndicate Secretary-General Younes M’Jahed criticised the law for its inadequacies and called for new legislation explicitly outlining the people's right to information.
During a July 26th political conference in Casablanca, Moroccan Labour Minister Mustapha Mansouri said that the right to obtain information is the biggest problem facing Moroccan media. Noting the progress Morocco has made in the field of press freedom, Mansouri called for a law guaranteeing journalists' rights, including the protection of journalists and sources.
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acharif moulay abdellah bouskraoui Posted 2007-07-31
It is easy to found a coalition to plan the lawful prosecution of a Minister involved in leaking confidential papers, but to do the same to a journalist is an attack on the freedom of expression. What judgment! In Morocco we have full liberties, but justice and the laws need to be respected. Morocco, under the guide of His Majesty Mohammed VI, has become the first democratic country in North Africa. And only this democracy respects its constitutional institutions. –Signed, Acharif Moulay Abdellah Bouskraoui
Noureddine Posted 2007-08-05
Only poor people can be suited in this country. Never, never can you suit a minister, imprison or force him to resign.
Abouilias Posted 2007-08-07
Mr. Acharif, I stand up not against you, but against the falsehoods you are trying to spread to the public. First of all, for your information, dossiers and reports from NGOs categorically renounce this poster of democracy that you so fervently seek to stick on the back of the Moroccan State. (In Morocco we are still considered subjects and not citizens. It is the King who wields all the power and, as a consequence, the government and the parliament are nothing but pawns on the chessboard... etc) We would almost prefer the Mauritanian model! Where exactly is the article in the constitution that accords the Minister of Communication the right to accuse journalists, before a qualified tribunal? (Everyone knows that the Minister had been stung several times by the independent press and it was time to exact his revenge) You sir, who speak of democracy, need to take a look at the Universal Declaration of Human Rights, and you will know why those like you defend journalists but in the same texts we must apply justice to the Ministers and officials who steal the people's money to shove it down the bras of singers while others have nothing to put in their mouths or are freezing to death (Anfgou) or are living in public restrooms. (Democracy, you say!) Your defence is weak and lacks arguments.
acharif moulay abdellah bouskraoui Posted 2007-08-08
On the contrary, Sir, if you read my articles on any one of my dozens of sites, you will find that the will of the King is set to make Morocco a state of law and that now no one is above the law. Furthermore, the courts are open to you to voice your complaints. Our justice is fair and blind. Moreover, His Majesty Mohammed VI is the guardian of our stability and human rights. Have confidence in your country and believe me, I do not dish out propaganda; this is the truth.
Abouilias Posted 2007-08-16
Listen here, Sir: criticizing the constitution is not in the least an attack on the King. Furthermore, I was not given sight to read into the King's intentions. Rather, I focus on facts, numbers and events. You are generating propaganda for a country and an ideal which only exists in your dreams. The reality- our reality- is more sombre and inspires no confidence. Unfortunately, I have read your writing and your letters and did not appreciate them. It is just a school essay describing the dream of an adolescent. What stability are you talking about? That of Casa or of Meknes? That of Bouaarfa or the Rif or the Middle Atlas? And of what rights? Of expression? (Arrested journalists, imprisonment of May 1st demonstrators, massacre of unemployed graduates and even of handicapped people?) This is a dream of someone that reveres the King. You don’t speak about politics, but feelings!
acharif moulay abdellah bouskraoui Posted 2007-08-17
I thank you, my dear friend, for your replies. Be sure that I have nothing against you. I am delighted to read your commentary and to learn of so many various things. It seems to me you are well educated and I am delighted to come to understand you and to make your acquaintance. You may criticize me as you wish. I accept this with great pleasure. Please accept my sincerest respects.
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