Renewed debate over justice reforms in Morocco
2008-02-07
Corruption in Morocco’s courts threatens to render Prime Minister Abbas Al Fassi’s reform plan ineffective. Civil society organisations are urging the government to work to eradicate corruption, in order to pave the way for reform.
By Hassan Benmehdi for Magharebia in Casablanca – 07/02/08
 [Getty Images] Speaking on the quality of Moroccan courts, Justice Minister Abdelwahed Radi told Magharebia, "we have sound legislation, competent judges and experienced officials, but the system is under-resourced." |
The debate over corruption in Morocco has been rekindled following statements from Prime Minister Abbas El Fassi concerning his planned reforms of the country's judicial system.
At a press conference on January 29th – the first of its kind for El Fassi – the prime minister told journalists a restructuring of Morocco's judicial system is one of five main areas on which his government is currently focussing.
Justice Minister Abdelwahed Radi told Magharebia that judicial reform is the single largest challenge faced by his organisation. "Today in Morocco we have sound legislation, competent judges and experienced officials, but the system is under-resourced," he said, adding that if his department can manage to overcome shortages in human and financial resources, Moroccan courts will be able to improve their performance and better serve taxpayers.
Another priority, according to Radi, is the overbooking of judges. In Morocco, there are 3,320 judges working on more than three million cases per year. This, he says, poses a real problem for the quality of the rulings given. "We think that if we can get the human resources we need, we should be able to improve the quality of our judicial system across the board."
To overcome the present shortfall in the justice sector, the ministry would need roughly 2,600 new magistrates.
In the meantime, Radi announced an action plan for reform based on available resources to improve Moroccan courts and judges' working conditions. Under this plan the government will purchase more than 9,000 computers, establish a new IT database and set up a professional training programme for judges.
The justice minister also proposed the creation of four courts of appeal and 16 courts of first instance. "It is in this area that we must take steps to serve Moroccan taxpayers more effectively," he concluded.
According to some legal experts and civil society workers, success in justice reform remains part of the fight against corruption among magistrates.
NGOs in civil society are calling for an anti-corruption law to be created in Morocco to accompany these reforms to ensure that justice will prevail.
Many Moroccan citizens hope for transparency and judicial independence. Azzeddine is a property developer in his forties. He said he feels justice reforms must be the very top priority today: "It’s urgently needed, because it guarantees individual freedom and citizens’ rights," he said.
Maître Mohamed El Nouidi, a lawyer in Casablanca, said justice reform still has a long way to go. He said it is impossible to engage in a reform programme without seriously tackling the problem of corrupt magistrates. El Nouidi stressed that justice reform requires suitable training for judges, the need to execute judgements and the implementation of administrative procedures which are straightforward and transparent for taxpayers.
To meet these goals, El Nouidi said, the support of the political class is needed and members of the Higher Council of Magistrates should be elected and not appointed.
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Kitty Morse Posted 2008-02-08
Dear Sir, I think that perhaps this will interest you. Court and Judicial Reform in Morocco. Kitty Morse
deraoui Posted 2008-02-10
It is true that in Morocco the justice system not only needs to be reformed but also need to be the focus of a change in human rationale. Global reports as well as those of citizens make claim to the magistrate’s corruption. So, what exactly was the minister’s response? Personally, my history with the justice system has just begun and I would like someone to explain to me what is going on in the Commercial Court of Appeals in Casablanca, because following an mistake on the part of the BMCE, the president of Taca has just served me with a mandate effective 28 February 2008 for our seizure and closing-down. At this point in time I still have not received any notice, rather I have only gotten a telephone call from the president’s bureau. So, how can a president judge a mistake as us being in debt and then order a seizure knowing full well that his court has no jurisdiction over our geographical area? (My residence is in Oujda.) Furthermore, I have no contracts or agreements with BMCE. This is what in the words of the Belgians we call “naked justice.” There are laws and rights, but who has the responsibility of governing and executing them? Of course, I am not someone who goes ignoring Moroccan laws, but a just justice system is the right of Moroccans. The justice system and the courts should not make mistakes. In this field, mistakes can only be explained by corruption. At the very least, a mistake on the part of the courts should give you the right to personally prosecute the judges and to hold them liable. The judges give orders in the name of His Majesty, yet sometimes the judges have not even had the time to read the evidence and sometimes they do not even understand the case.
nomidia Posted 2008-05-01
Peace, mercy and blessings of God upon you. Are you aware, sir, that the family section in the court of Fez has become a stronghold of an organised and legal mafia led by Al Moussaidi who controls this gang with high care and without feeling any shame or embarrassment in asking for huge briberies from citizens who are asking for a fair law which will grant them justice from a merciless vampire? Here is the example of a citizen living in France, she appointed a lawyer to get her divorce and granted him all necessary documents. She was married to a French man. Her case lasted for 4 month. This delay means of course bringing necessary money in order to get the divorce in a week instead of four months. I have evidence to send them to Ain Kadous (name of local prison). So please sir, deliver us from oppression, injustice and exploitation as the picture of the Moroccan judiciary has become a source of scorn and joke in the world to the point that immigrants there avoid talking about the judiciary in their country so that Europeans don’t offend them. Finally I say God suffices to us and He is our best protector in our ignorance.
une future journaliste Posted 2008-05-27
I just wanted to tell you that I realised I wasted my time reading your articles. Therefore, if I am writing you, it is just to tell you that first of all I do not consider these articles; they are just nonsense, rumours. A real journalist needs to be sure of his sources. Attacking someone's character is easy when you have concrete evidence, but you dare to criticise people who work night and day, sacrificing their time to the development and proper functioning of Morocco. You insult honest and competent people who ask but to work for a better Morocco. You criticise the wrong people, knowing full well you are making a mistake. So, in the future, inform yourselves before writing. If it were up to me, this website would not exist at all. We have better things to do than to sit around and ramble on. And, thank you ahead of time for responding to me, because I expect nothing less.
BEN Posted 2008-05-30
To “une Future Journaliste”: You wasted your time reading whose articles? Did someone force you to waste it? “These aren’t articles; these are ‘foutaises’”? I do not see this word in the dictionary? On the contrary, how are you so sure of your sources? You arguments do not have much weight to them. Indeed, it leaves us wondering what, in fact, you are talking about. You invoke “the people”!? What people? “The wrong people”? What does that mean? You have a poor vocabulary for a future journalist. We are “barré”? What school did you go to? What kind of education did you receive? In my opinion, you are as good as roadkill. I'm wasting my time. I would not like to let someone pretending to be a future journalist get by with this juvenile comment. Why butcher all the real journalists?
T.A (pour la future journaliste) Posted 2008-05-30
I am addressing “une Future Journaliste” in this comment: First, “I realised I wasted my time reading your articles.” But, miss, you were not forced to read them! Second, “A real journalist needs to be sure of his sources.” Well, congratulations; you have studied your journalism courses well. Third, “You insult honest and competent people who ask only to work for a better Morocco. You criticise the wrong people, knowing full well you are making a mistake.” What you have said here in your two-cents is absurd. In fact, miss, as far as what you have said goes, you are judging and criticising the people who work at this newspaper without knowing anything about them, without knowing whether they work honestly or not. You are contradicting yourself because you are doing exactly what you are talking about. In short, you are not in a good position to be judging not only these people, but any person at all. You have an analytical and critical mind and this is truly impressive. I congratulate you. It seems to be immediately necessary to point out that the legal system in Morocco acts as a mode of social organisation: we are obliged to follow the principles of conducting ourselves in respect for others every day. But, this means that we do not know if we are socially organised or not. Therefore, I do not find it interesting to talk about this subject. We must wait on further changes in the government.
la future journaliste Posted 2008-06-03
It is true that I am not obliged to read your articles, but you cannot prohibit me from reading what I want and saying what I think. I will inform you, first of all, that I never insulted any journalist and I am not judging anybody. I want us to stop criticising the same people all the time. Why not talk about people who are satisfying their hunger, who dream of even more power, and at any cost? You reproached me for having insulted you, but I want to be a journalist too, so why would I insult this future profession of mine to which I have taken such heart? If my analytical and critical mind has impressed you, then I thank you for your kindness. As for my courses in journalism, I have not missed a single one. As for the legal system in Morocco, I would be lying if I told you that everything is well. I agree with you, and not only about the legal system, but everything—healthcare, national education programmes and so on and so forth. We need to just try to criticise the people involved so that they will be dismissed and their places will finally be made available to people who are only asking to participate in Morocco’s development. La future journaliste needs to study for her courses now, she has a class tomorrow.
la future journaliste Posted 2008-06-03
Above all else, I would like to address myself to Ben, reacting to what he wrote by saying to him that we can say and write what we think without insulting people. There is a minimum to respect; above all else, there are limits. And, indeed, God willing, I will be a journalist in the future, God willing. I truly have the ambition, determination and courage to say and write what I think about today and tomorrow, and no one and nothing can prevent me from doing so, especially not you and your insults. “Roadkill”!? I would just like to tell you that I am for the protection of animals, and if there is something that we should tear apart, it is your vocabulary, which is both very arrogant and very banal. I had thought when I was returning to this website, that in fact it was possible to debate and not fight…
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