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RECOMMENDATIONS
In the light of the
previous discussions and conclusions, we forward the following
recommendations:
1- References and
bases for reform:
1. it has grown
necessary for the Moroccan state, represented by its constitutionally
mandated bodies, to carry on the ratification of the international
treaties relevant to the right for a fair trial, especially the First
Additional Protocol to the International Covenant on Civil and Political
Rights, and to issue the declaration required by Article 22 of the
Convention against Torture, in order for the treaties monitoring bodies to
receive and examine the individual claims, especially as the Moroccan
Government (the Prime Minister’s services) declared in February 2005, that
the Moroccan State decided to ratify those international instruments and
withdraw the reservations made upon many of these conventions. However, so
far no provision has been taken.
2. It is necessary
that the Moroccan state ratify three major conventions with regards to
human rights and the right to justice and taking action against flagrant
violations of human rights; the measures concern the following
conventions:
First: The Rome
Convention concerning the statute of the International Criminal Court;
Second: UN Convention
Against Corruption;
Third: ILO Convention N°
87 Protecting the Freedom to Associate and the Right to Organize.
3. The authority of
international conventions over internal laws in case of a text conflict
has to be plainly stated in the Moroccan Constitution; the Constitutional
Council has to be clearly mandated to state in the constitutionality of
the legal texts whose conflict with the ratified international conventions
is suspected; laws or international conventions have to be easily referred
by a parliament minority to the constitutional council to state in their
constitutionality;
4. Reforming the
Supreme Council for the Magistracy has to be integrated to the
constitutional and institutional reform as a top priority, mainly by
reinforcing its prerogatives, reconsidering its structure and through its
democratization. Thus enabling it to become a constitutional institution
capable of ensuring judicial independence and a sound management of its
affairs as well as contributing to the reform of its conditions (see the
section on institutional reform);
5. Moroccan
legislation has to be tuned on international obligations and conventions
in all the fields related to human rights, including condemning the stark
violations of human rights in Moroccan law, especially war crimes and
genocides; the criminal procedure’s guarantees have to be adapted to the
international standards concerning a fair trial, including the guarantees
pertaining to the rights of the indicted, the rights of the defence and
judicial independence.
2- Institutional
reform
1. The Moroccan
State has to engage, as early as possible, according to the
recommendations of Moroccan and international jurist associations and the
Treaties Monitoring Bodies, and in conformity with the recommendations of
the Equity and Reconciliation Instance, in a deep reform of the
institution of the Supreme Council for Magistracy, by driving its statute
to be determined – after the constitutional reform – by virtue of an
organic law and to set it as the main authority governing the magistrates’
career and the judiciary system in terms of its principles and ethics. The
statute have also to reconsider the organization of the judiciary and see
to it that non-judicial parties are represented in this council, ensure
its organic, administrative and financial independence from the executive
branch, and to make sure it has a decent compound.
2. The Moroccan
state has to recognize the internationally recognized right of the
magistrates to associate and organize into independent professional
unions, far from any sort of upper handing or interference, and in full
respect of the magistrates’ right to free thought and expression,
especially in terms of their contribution in assessing the conditions of
the judiciary and suggesting the relevant reforms, given that such a
contribution is not only a right but an obligation;
3. The Moroccan
State has to reinforce the tools to ensure democratic and legal control to
prevent deviations, corruption and the influence of money on running the
judiciary system and to guarantee fair opportunity in resorting to and
benefiting from the decisions of justice.
4. Morocco has to
integrate the reform of the judiciary in a comprehensive project seeking
to enhance democracy and set the rule of law, including, given the
previous recommendations, paying particular attention to the issues of an
up-to-the point training for magistrates, lawyers and auxiliaries of
justice, motivating magistrates and justice assistants and modernizing the
judicial system, and to reorganize legal professions within the frame of
the legal and moral principle in force in democratic systems. Morocco also
needs to stiffen the disciplinary measures against any case of
intervention, no matter its source, in the judiciary process and to set
deterrent sentences against the non execution of judicial decisions
whether committed by administrations, public institutions and local
authorities or by private people.
3- The role of civil
and political society
1. Political
parties, unions, bars and jurist organisations and all the civil society
organisms have, each within its own sphere of influence, to play a full
and comprehensive role in the legal reform process, and to be up to their
responsibilities in urging the constitutional institutions, at all levels,
to undertake their duties with regard to enacting the previous
recommendations, which are but a sound execution of Morocco’s
international obligations and many of the constitutional provisions
deviated both in their statement and implementation;
2. Jurist
associations and the Moroccan Bar Association have to intensify their
cooperation in the fields of judicial reform including:
· Building a
consensus around the issue of a comprehensive reform of the Judiciary;
· Using all the
available means to ensure that magistrates are involved in the process of
the forwarded proposals and to voice their relevance;
· Holding a
national-level conference to conceive the relevant tools to ensure success
of the reform process and to counter all impeding or opposing attempts
whatever be their origin;
· Resisting the
interventions seeking to undermine judicial independence and use the
judiciary as a means to violate the magistrates’ liberties and fundamental
rights, including the rights to organize, the freedom of the press,
political union and associative action;
· Setting a
specialized mechanism representing all Moroccan jurist organisations,
tasked with following up the process of judicial reform and raising the
necessary human and financial resources for its implementation.
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