القائمة الرئيسية

Memorandum on the references and major rules for an independent judiciary




Introduction
Justice in Morocco raises many institutional, legislative, structural, legal, administrative and human issues. This observation today encourages institutional actors, civil society and researchers to undertake a comprehensive collective reflection on the judicial situation in our country and the problematic it raises, and exercise due diligence in the proposal of potential and actual treatments in order to avoid jeopardizing the legal security of citizens, men and women, and their right to access justice and the protection of their rights as litigants.

Thus, the reform of the judicial system in Morocco is a major consideration for all actors who are required to answer its questions in an excellent way. The issues of this examination concern the components, the complexities and the requirements of this reform which are necessary to protect and promote the rights of citizens, men and women.

Today we have before us, as actors from different backgrounds, a clearer picture of disturbances facing the field of justice and affecting its structures, circuits and its environment. This finding has been the object of study and analysis during study days, conferences and seminars which were attended by lawyers, judges, academics, journalists and representatives of human rights organizations.

These meetings, conferences and reflection workshops have reached convictions and clear positions oriented towards the need for a comprehensive and structuring reform for an integrated, free, independent and competent justice; with sufficient moral and objective elements to benefit from a strong confidence of citizens, on the grounds that justice is a right. Like all other fundamental human rights, justice is part of the system of human values that governments cannot deny.

- Taking into account its moral gain and experience, both scientifically and in the field, with its partners in the human rights organizations, on the reform of judiciary.

- Based on the responsibility that requires reform of the judicial system in accordance with international human rights conventions in all its multitude of linkages.

- In application of the constitutional provisions relating to the independence of judiciary, the High Council of the Judiciary, the rights of litigants and the rules of dispensing justice.

- Given the interaction of Adala Association with the strong Social, political and civil claims, which keep growing, demanding the reform of the judicial system, as it was expressed by all actors as well as in the recommendations made during the last Universal Periodic Review concerning Morocco, held at the Human Rights council in Geneva in May 2012, calling the Kingdom to ensure the independence of the judiciary 
fair trials and to protect the litigant's rights, revise Moroccan laws and harmonize them with the provisions of international human rights law; and

- In accordance with its mission to reform the judicial system in our country, as a specialized human rights organization;
The Adala Association also engages the construction of the reform through critical and propositional accompaniment. In this context, Adala has developed this memorandum which includes numerous proposals, thus contributing towards finding the right path towards the long-awaited reform in the system of justice in our country.

Jamila Sayouri
President of the Adala Association







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