The Rabat Society followed with great interest the reactions that one of my responses sparked in a press interview on July 22, 2019. Whereas analyzing some of these reactions, I noticed that my message had been taken out of context. The talk was full of political rigidity and confusion, and the question of "who is politically arrested" in all its complexity was thus sweeping underneath the rug. It is an virtually existential query that every nation has to reply no less than as soon as in its historical past.
Recalling the strategy of the National Human Rights Council (CNDH), based mostly on interplay, openness and transparency, which the Council has all the time followed. Used with victims and actors, and based mostly on the Council's position in the religious debate and public consciousness of human rights issues, I try to refocus the debate on its unique topic, hoping that we all agree on "political arrest."
the statement is by no means a authorized document, however perhaps simply an introduction to group considering on a matter where legal, political and philosophical issues are interrelated and overlapping.
Notes and definitions:
few media have truly observed that the time period "political detainee" has no agreed definition.
Based on Amnesty International, a political detainee is "a person arrested for political reasons , that is to say, the opposing authority of their home country, with or without violence (regardless of whether the country to which they belong is internationally recognized). According to Amnesty International, this category includes:
- a person who has been accused or convicted of an ordinary crime committed for political reasons, such as murder or robbery, in support of opposition group goals;
- a person accused or convicted of an ordinary crime committed in a political situation such as a trade union or peasant organization demonstration;
- Member of armed opposition group or suspected member of accused of treason or "subjugation". .
We can see that this definition covers both someone who has exercised his right of expression and someone who has committed a crime, such as murder for political purposes. Therefore, it combines two distinctly different categories. It is unacceptable to confuse a peaceful demonstrator with individuals accused of murder, even though the latter have "noble" motives. This confusion opens the door to manipulation and confusion resulting from the connotation of the time period "political detainee". The time period provides the impression that vital arbitrary injustice was dedicated in retaliation towards an innocent one that merely exercised his or her elementary rights. Subsequently, many Amnesty International organizations don’t check with this definition when describing instances of detainees who’ve dedicated acts that could be thought-about crimes.
The Council of Europe Parliamentary Meeting considers that a "political prisoner" is a person who has lost his or her personal liberty, provided that he or she meets at least one of the following criteria:
(A) if detention violates one of the the fundamental safeguards set out in the Protocols, in particular freedom of thought, conscience, religion, expression, press and assembly, and freedom of association;
(B) If the arrest is for political reasons and has nothing to do with violation of the law,
(C) If the duration or circumstances of the arrest for political reasons are clearly disproportionate to the crime for which the person or accused was convicted;
(D) if the person in question is arrested for political reasons in circumstances that discriminate against them; or
(E) If the arrest is the result of a manifestly erroneous conduct which appears to be the result of political motives on the part of the authorities.
This concise but also practical definition is closely related to a number of human rights issues. situation, in particular arbitrary detention, fair trial and guarantees of fundamental rights. Although limited to the fundamental rights enshrined in the European Convention on Human Rights, it is nevertheless useful. It is clear that this definition – if it was previously applied to the situation in Morocco – does not currently make it.
However, these definitions refer to the basic concept of "political motive" to define "political detainee". The concept of "political motive" is rather more troublesome to outline than the concept of "political detainee". On this work, I exploit the term "political motive" in a definition that I consider broad and flexible to limit discussion. The definition is as follows: 'An act has political motives, if it can be undoubtedly stated that it is made in the interests of a' political party '. I therefore believe that the term 'political motive' is a prerequisite for talking about 'political arrest'.
There is only a fine but decisive boundary between the two. It is possible that the arrests that took place during the events of Al Hoceima or Jerada had a "political motive" behind them. Many human rights defenders took the opportunity, but it cannot be conclusively proven. It is also unreasonable not to question the duration and circumstances of the demonstrations. I will not now decide on the issue which, after all, comes second after the issue of violence.
Question on Violence and International Law
The complexity of the events in Al Hoceima and Jerada is due to the fact that the use of violence dominates all other depictions based on political motives or motives. "
But earlier than we talk about the matter, it needs to be emphasised that there is no room here to speak or talk about lawfulness vs. lawlessness or violence vs. peaceable demonstration, as CNDH has already issued a memo calling for punishments for members in unauthorized demonstrations. On July 12, 2019, the Council additionally referred to as for the introduction of new varieties of public expression that shaped the foundation of social networks, and didn’t tackle the subject of violent demonstrations, since in such instances points aside from expression, formation of associations and protests […]. .
I agree with the prevailing view that acts of violence dominate and transcend the concept of arrests of "political motive." When a demonstration could be described as "violent," the concept of "political motives" is not legitimate and becomes secondary, except in instances of self-defense or necessity, and the similar applies to the type of violence related to hatred. crimes or incitement to violence.
All Violence Captures Captures a Political Prisoner title and result in litigation. This statutory requirement is acknowledged and common and is a basic part of the rule of regulation sovereignty.
Framework of the National Human Rights Council
In this context, it is essential to keep in mind that CNDH is a nationwide constitutional institution with three primary features: prevention of violations and safety and promotion of human rights.
Subsequently, the Council must continuously attempt for accuracy in assessing the instances of human rights violations in our country, whether confirmed or not. or mere assertions in the mild of not only legal, but in addition human and ethical duty. In addition, the improvement of an efficient and successful advocacy and victim help technique deserves specific consideration in describing potential violations.
As regards the occasions in Al Hoceima and Jerada, the Council has, within the framework of its mandate, followed and revered the demonstrations and demonstrations for several weeks. If the younger individuals arrested throughout these events met the above standards for designating a political arrest, the decision-makers in the Council would have been clearer. its work is even simpler. The President-in-Office of the Council would have explicitly and promptly demanded the fast launch and alternative of the prisoners, in accordance with Chapter 23 of the Constitution and Article 9 (5) of the International Covenant on Civil and Political Rights, as an alternative of in search of amnesty. Since those criteria weren’t met, the use of the time period "political detainee" by CNDH in this case would have been incorrect, dangerous and irresponsible, and would have been a precedent and exception at nationwide and worldwide degree.
How can these younger individuals be portrayed if they don’t seem to be "political detainees"? Personally, I find them a deceptive and insufficient measure that cannot guarantee the citizens' correct dwelling, financial and social rights or meet their authentic calls for. This upheaval, which I described on July 12, 2019 as a “performance crisis”, brought about a real “confidence crisis”. That is why I referred to as for the new Social Constitution to be drawn up as the solely approach out of the institutional crisis. The Constitution can be based mostly on an inclusive strategy that takes under consideration the social and cultural traits of each area in its historical dimensions. Its function can be to create a regional construction that meets citizens' nationwide expectations and is based mostly on a human rights strategy. This human rights strategy would consider our nation's national and international human rights obligations.
In all my many conferences with the arrested families, there is the primary requirement of each mother, each father, every sister, and everybody. wife: "Liberate the youth"! The extraordinary and tragic circumstances of these occasions resulting in the arrest of younger individuals, as well as the troublesome humanitarian circumstances of the households, have induced the entire nation to fall behind them. Subsequently, CNDH will continue to help them by listening to them, expressing empathy, displaying appreciation, consideration, dedication and dedication to the Council.
Left, Amina Bouayach, CNDH
After the last anger, after watching the feelings and listening, it's time to assume. Subsequently, CNDH will continue to debate and change views with numerous societal actors to agree not only on the concepts which have emerged but in addition on the political, financial, social, cultural and legal implications of what has occurred. As well as, the Rabat – Driss Benzekri Institute for Human Rights is investigating the problem of "political arrest" in cooperation with national and worldwide specialists.
The report, revealed by CNDH after being discussed in its Common Meeting, is simply a few days after the appointment of its members, and focuses on arrests and trials, and accusations of torture and ill-treatment. It also supplies a chance to completely recognize these tragic events that remain in our nation, which have divided Moroccans and left profound impressions on our collective memory.
It is time to deal with all of these effects. CNDH intends to hold out this work by exercising its full authority and defending its independence. It is still certain that the Council won’t ever betray the belief of the victims, their households and all Moroccans.
Translated by Ennaji Kawtar
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