STATEMENT
TO CONDEMN MOROCCAN SENTENCES
AGAINST
SAHARAWI POLITICAL PRISONERS
Sandblast
strongly condemns Morocco's unfair and unjust sentence of 24 Saharawi
civilians who were tried before a military court on Sunday February
17, 2013.
The
military court of Rabat convicted eight of the defendants to life
imprisonment. Fourteen were given sentences ranging from 20 to 30
years, and two were given prison sentences of two years.
These
prisoners of conscience were arrested following the violent
dismantling of the peaceful protest camp at Gdeim Izik on the
outskirts of Al-Auin by Moroccan forces on November 8 2010. They were
detained for two years without trial in terrible condition at the
Sale prison near Rabat and went on hunger strikes several times to
protest their conditions.
A
litany of human rights violations including arbitrary sentences,
continuous detention, trial postponements and the detainees'
allegations of torture and ill-treatment have been the cause of
considerable international concern. Thereby, Sandblast denounces
that:
1)
The kingdom of Morocco does not have any jurisprudence over the
aforementioned event in Gdeim Izik insofar as it has not been
internationally recognised as having administrative power in the
Territory which, according to the advisory letter from the UN Office
of Legal Affairs (2002), lies instead with the former Spanish
colonial authorities;
2)
The trial of civilians before a military court did not meet
international recognised standards for holding a fair trial;
3)
The continuous imprisonment of civilians involved in the
aforementioned event do not respect international law since no
independent investigation into the events of Gdeim Izik were
conducted in the two years after they occurred;
4)
The detainees' allegations of torture and ill-treatment contravene
legal standards of Moroco, a signee of the Convention Against Torture
in 1986, and invalidates any evidence obtained from prisoners under
these circumstances;
5)
The military trial is unconstitutional under Moroccan national law as
the article 127 of the Moroccan constitution (2011) forbids Ad Hoc
Courts, whose sentences cannot be appealed;
6)
The evidence used against the prisoners remained in possession of the
Moroccan authorities instead of being held by an independent judicial
body;
7)
The military court´s denial of medical assistance to the political
prisoners who had experienced human rights abuses and violations and
the lack of any due process to investigate these allegations;
8)
The unlawful sentence against one of the condemned Saharawi prisoners
who was reportedly arrested the day before the dismantling of the
camp happened and did not participate in the Gdeim Izik events;
Due
to the aforementioned points, Sandblast condemns the outcome of this
unlawful trial and demands the immediate release of these political
prisoners and the restoration of their dignity.
The
Sandblast Team
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