Sep 25, 2019 | News
The Moroccan authorities should immediately and unconditionally release Moroccan journalist Hajar Raissouni and drop all charges against her, says the ICJ.
She was arrested on 31 August 2019, and has been detained since then on charges relating to “extra-marital sexual relations” and, purportedly, having consented to an “illegal abortion”.
Alongside Raissouni, the Moroccan authorities arrested and detained a medical doctor and two medical staff of the clinic where she had undergone medical treatment, and her fiancé. They too should be immediately and unconditionally released and have all charges against them dropped.
Raissouni is a journalist working for the independent daily newspaper Akhbar al-Yaoum. On 31 August, Raissouni and her fiancé were stopped in Rabat as they left the clinic where, according to her lawyers, she had been undergoing treatment for internal bleeding.
Plainclothes police officers questioned the couple about the medical treatment she had been receiving, and accused the journalist of having had an abortion.
After her arrest, Raissouni was forcibly subjected to a vaginal examination. She was then charged with “having an extramarital relationship” and with “consenting to have an illegal abortion”.
“Ms Raissouni’s rights to privacy, to bodily integrity and to be free from torture and other ill-treatment, as well as her rights to liberty and security of person, including her freedom from arbitrary detention, and her right to sexual and reproductive health, have been violated by the very same authorities that are supposed to respect and protect them,” said Said Benarbia, Director of the Middle East and North Africa Programme at the International Commission of Jurists (ICJ).
“She and others detained in connection with this case must be immediately and unconditionally released, the charges against them must be dropped, and their right to an effective remedy, including reparation must be ensured,” he added.
Raissouni, who was questioned after her arrest about her work as a journalist, recently covered mass demonstrations in the Rif region in the North of Morocco, where the protests by the local population were met with police repression.
This raises legitimate concerns over the political nature of the charges and prosecution against her.
On 5 September, the Rabat prosecutor’s office issued a public statement revealing that the results of the so-called medical examination to which Raissouni had been subjected purportedly indicated that she had undergone an abortion. The prosecutor also rejected all accusation that the charges against her were motivated by Raissouni’s work as a journalist.
On 23 September, Raissouni and the other accused, who remain in custody after their request for provisional release was rejected, appeared before the First Instance Tribunal of Rabat where they denied all charges.
Background
In Morocco, abortion is only allowed “if necessary to protect the mother’s health” (article 453 of the Penal Code) and is otherwise publishable with up to two years’ imprisonment and a fine (article 454). Consensual sex out of wedlock is also a criminal offence under article 490 of the Penal Code, punishable with up to one year’s imprisonment. These provisions are not consistent with Morocco’s obligations under international human rights law obligations, including the International Covenant on Civil and Political Rights to which Morocco is a State party.
In its 2019 report Obstacles to Women’s and Girls’ Access to Justice for Gender-based Violence in Morocco, the ICJ urged the Moroccan authorities to amend these provisions in order to recognize one’s right to sexual autonomy, among others, and to facilitate access to safe and legal abortion.
Download
Morocco-Abortion-News-web stories-2019-ARA (full story in Arabic, PDF)
Jun 28, 2019 | News, Publications, Reports, Thematic reports
In a report released today in Rabat, the ICJ called for the removal and eradication of legal obstacles and discriminatory judicial attitudes hindering women’s and girls’ ability to seek justice and redress for sexual and gender-based violence (SGBV) in Morocco.
The ICJ’s report Obstacles to Women’s and Girls’ Access to Justice for Gender-based Violence in Morocco (available in English and Arabic) explores the various obstacles that women seeking justice in Morocco face, and addresses recommendations to the Moroccan government and judiciary with a view to improving access to justice and effective remedies for women and girls who are victims of SGBV.
“The Moroccan authorities should amend Law 103/13 and the Penal Code to ensure compliance with international human rights law and standards. Morocco’s Office of the Public Prosecutor and the country’s judicial authorities, including the High Judicial Council, should ensure that detailed guidelines on investigation and prosecution of SGBV crimes are developed and complied with, and that awareness-raising programmes be rolled out to counter judicial stereotyping and victim-blaming,” said Saïd Benarbia, Director of the Middle East and North Africa Programme at the ICJ.
Notwithstanding the recent adoption of Law 103/03 on combatting violence against women, SGBV has not been adequately addressed; it remains widespread in Morocco, with a profoundly detrimental human rights impact on victims and society at large. Law 103/3 fails to define rape in a manner consistent with relevant international law and standards, with the crime still addressed through the lens of morality and public decency, rather than as a violation of one’s bodily integrity and autonomy; Law 103/3 also fails to criminalize child and early marriage, lending support to this harmful practice.
In addition to discriminatory laws and procedures, women and girls seeking justice and redress as survivors of SGBV in Morocco have to face a judiciary that often harbours biased assumptions, and propounds negative gender stereotypes, including cultural norms rooted in patriarchy.
Against this background, the ICJ’s report analyses how exceedingly lenient sentences – for instance in cases of marital rape – and the heightened risk women and girls face of being charged with consensual extramarital sexual relations deter them from seeking justice and redress in case of physical and sexual abuse of which they may be victims, either at the hands of their husband or of individuals with whom they are not married.
To begin addressing women’s and girls’ predicament in these and other respects related to SGBV, the report calls on the Moroccan authorities to:
- Adopt legislation that recognizes one’s right to sexual autonomy, and that recognizes equal relationships as requiring free and full consent of both parties;
- Adequately define and fully criminalize through a gender-neutral definition acts of rape, including by criminalizing marital rape as a separate offence;
- Repeal Article 490 of the Penal Code criminalizing extramarital sexual relations, and ensure that Article 19 of the Family Code on the minimum age of marriage is stringently observed;
- Enact policies, legislative and procedural measures aiming at enhancing the effectiveness of judicial and other public sector services related to women’s access to justice, including enforcing spousal and child support, providing free legal assistance to victims of SGBV, granting protection orders, and adopting other urgent measures;
- Develop and enforce guidelines on investigating and prosecuting SGBV crimes;
- Develop a national protocol for SGBV-related medical, forensic examinations, and ensure forensic-testing services be available and affordable;
- Provide training and awareness-raising programmes aimed at countering judicial stereotyping, victim-blaming and other harmful practices.
Contact:
Saïd Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41.22.979.3817, e: said.benarbia(a)icj.org
Additional information:
ICJ Commissioner Martine Comte led the delegation that met with different Moroccan authorities, justice and civil society actors this week in Rabat in order to present ICJ’s report and discuss its findings and recommendations. The ICJ delegation met with Mr Mohamed Aujjar, Minister of Justice; Mr Taoufik El Maimouni, President of the Commission on Justice, Legislation, and Human Rights at the Chamber of Deputies; Mr Larbi Tabit, Secretary General at the Minister of Solidarity, Women, Family and Social Development; Ms Amina Bouayach, President of the National Human Rights Council and representatives of the judiciary and of the civil society.
Download:
Morocco-Obstacles GBV-Publications-Reports-Thematic report-2019-ENG (full report in English, PDF)
Morocco-Obstacles GBV-Publications-Reports-Thematic report-2019-ARA (full report in Arabic, PDF)
Morocco-Women HR report-News-2019-ARA (News story in Arabic, PDF)
Jun 24, 2019 | Advocacy, Non-legal submissions
At the UN, the ICJ today highlighted the rights and duties of judges and prosecutors to exercise their freedoms of expression, assembly and association to defend the rule of law and human rights.
The oral statement was delivered in a Clustered Interactive Dialogue with the Independent Expert on Sexual Orientation and Gender Identity and the Special Rapporteur on the Independence of Judges and Lawyers, at the UN Human Rights Council in Geneva.
It read as follows:
“The International Commission of Jurists (ICJ) welcomes the report of the Special Rapporteur on the Independence of Judges and Lawyers on freedom of expression, association and peaceful assembly of judges and prosecutors.[1]
As the report acknowledges, exercise of these rights can be subject to restrictions arising from the fundamental need for judges and prosecutors to be perceived as independent and impartial. At the same time, as the report also emphasizes, any such restrictions must be provided by law and be demonstrably necessary to such legitimate aims, which in turn crucially requires proportionality.[2] These standards have been recognized both globally and in all regions of the world.[3] Any such restrictions on judges should be adopted and enforced by the judiciary itself.
We particularly welcome the recognition in the report that in situations where democracy and the rule of law are under threat, judges and prosecutors have not only the right, but potentially a duty, to speak out and organize in defence of democracy, the rule of law, and human rights, and that this can include participating in peaceful public demonstrations.[4]
Far too often in the ICJ’s work around the world, we see Executive and Legislative bodies, as well as compromised judicial hierarchies, arbitrarily or selectively targeting judges and prosecutors for removal, demotion or other disciplinary measures, precisely for exercising these rights to defend against threats to the rule of law. Examples highlighted in our submission to your study included Egypt, Morocco, Honduras, Hungary and Bulgaria.[5]
Mr. Rapporteur, how can judiciaries, governments, and civil society organisations (including international or regional legal professional associations) act internationally to support judges and prosecutors who are facing such abuse in another country?
The ICJ also welcomes the reports of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. We urge all States to strongly support the renewal of this essential mandate at the current session.
Thank you.”
[1] ICJ’s detailed submission to the Special Rapporteur’s consultation is available at: https://www.icj.org/judgesexpression2019/
[2] Paragraphs 39, 45, 46, 89.
[3] In addition to the global and European, Asian, and American standards cited in the report, see the African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (2005), paras A(4)(s) and (t), and F(d) and (e).
[4] Paragraphs 61, 69, 90, 102.
[5] See for further information: https://www.icj.org/judgesexpression2019/
Mar 8, 2018 | Multimedia items, News, Video clips
Today on International Women’s Day the world looks to celebrate the achievements of women and advances made towards the realization of women’s human rights but the day is also an opportunity to address the issues that continue to disadvantage women.
In the 70th anniversary year of the Universal Declaration of Human Rights many women around the world have seen States failing to live up to their obligations to ensure that they are able to exercise their human rights.
Where women’s human rights are violated many women face discrimination, denial of equal protection of the law and other impediments in accessing the justice that they deserve.
“The ICJ has a strong commitment to addressing the obstacles women face in accessing justice,” said ICJ Acting Vice-President, Justice Radmila Dragicevic-Dicic.
“The judiciary has an important role in protecting the rights of women, but in many States there is a lack of proper awareness and understanding of issues such as gender based-violence. Many judges would benefit from judicial education on specific gender-based issues to ensure that women victims are made visible and their rights protected by domestic laws and relevant international standards,” she added.
For several years the ICJ has worked on women’s access to justice issues in different countries in all regions with a variety of stakeholders, including human rights defenders, lawyers, judges, governmental authorities and international rights experts and mechanisms.
For example, in Tunisia, the ICJ issued a memorandum calling on authorities to remove the obstacles women face in accessing justice.
The ICJ has held regional dialogues in Africa and Asia with judges and lawyers.
In Asia, one outcome of this was The Bangkok General Guidance for Judges in Applying a Gender Perspective, designed to assist judges in employing a gender perspective in deciding cases before them, which has since been adopted for use by judiciaries in Indonesia and the Philippines.
In Africa, the need for gendered perspectives in judicial decision-making was also raised in a regional report evaluating sexual and gender based violence (SGBV) and fair trial rights.
The ICJ has undertaken substantial work on women’s access to justice in the context of SGBV, including a report calling for an eradication of harmful gender stereotypes and assumptions and a Practitioners’ Guide on Women’s Access to Justice for Gender-Based Violence.
Both have been used as training tools in Asia, Africa and MENA, most recently at a workshop on SGBV in Swaziland.
Last year the ICJ released a memorandum on effective investigation and prosecution of SGBV in Morocco.
The ICJ has also undertaken trial observations during hearings in the landmark Sepur Zarco case, the first case that resulted in a conviction for sexual crimes that had occurred during Guatemala’s internal conflict in the early 1980s.
The ICJ regularly engages with the UN Human Rights Council and the UN Committee on the Elimination of all Forms of Discrimination against Women to highlight issues around women’s access to justice and call on the international community to be vigilant in upholding women’s rights protections.
“The ICJ is lucky to count among its number some very impressive women human rights defenders, who bring a great deal of expertise to the work of the organization,” said Dragicevic-Dicic.
“The five most recent additions to the ICJ have further strengthened the organization’s ability to speak authoritatively on women’s rights, and I look forward to working with my new colleagues to enhance women’s access to justice,” she added.
The new additions to the ICJ include Dame Silvia Cartwright, Former Governor of New Zealand; Professor Sarah Cleveland, Constitutional and Human Rights Professor at Columbia Law School in the USA; Justice Martine Comte who has over 30 years judicial experience in France; Mikiko Otani, member of the UN Committee on the Rights of the Child from Japan; and Justice Lillian Tibatemwa-Ekirikubinza from the Supreme Court of Uganda.
In an interview with the ICJ, Commissioner Justice Elizabeth Evatt, a distinguished Australian lawyer, jurist and trailblazer for women in the legal profession in her country, spoke about the importance of women being able to access justice.
One of the architects of Australia’s Family Law Act of 1975, Justic Evatt told the ICJ how the Act made divorce more accessible and abolished the Common Law relics that gave men greater rights over women, however new problems have emerged since then.
Justice Evatt explained that “(the Act) was an extremely important reform for women. It made it far easier for men and women to access divorce and have their matters dealt with because the court had conciliation and counselling services and also legal aid was more readily available. But I am afraid that since those days, thing have changed. The Family Court is now beset with delays and obstacles and it is impossible for people to get legal aid. People have to take their case on their own or face huge legal costs, so having begun well, it hasn’t continued well. More resources are needed.”
Justice Evatt also considers that there is a need for the government and the judiciary to take more action to address domestic violence.
However, she noted, “there has been a change over the years with a growing awareness of both the police and the local courts, which are the main ones dealing with violence. They have become far more aware of the need to take action to protect women and prevent violence but the cure for domestic violence does not lie just with the courts but also with the whole of society.”
Watch the interview:
Feb 20, 2018 | News
In a memo published today, the ICJ called on the Moroccan authorities to refrain from signing into Law Draft Organic Law No. 86.15 on access to the Constitutional Court with a view to amending it and ensuring its full compliance with international standards.
On 8 August 2017, the House of Representatives approved the Draft Law.
The Second Chamber of the Parliament, the House of Counselors, approved the Draft Law on 16 January 2018.
Before its promulgation, the Draft Law is due to be reviewed by the Constitutional Court to assess its compliance with the Constitution.
“The Draft Law is a missed opportunity to facilitate individuals’ access to the Constitutional Court and to remedy Morocco’s history of inadequate procedures of constitutional review,” said Said Benarbia, ICJ MENA Director.
“By providing for a two-layered admissibility system that includes vague and subjective criteria, and by omitting to extend free and competent legal assistance to those unable to pay when challenging the constitutionality of laws, the Draft Law puts undue burden on the litigants and curtails their access to the Court,” he added.
Under the Draft Law, a request to challenge the constitutionality of a law can only be introduced in the context of a litigation.
Lower courts are to refer the request to the Cassation Court after reviewing it and confirming that the formal and legal requirements set out in the Draft Law are met.
The Cassation Court shall then assess the challenge and refer it to the Constitutional Court if deemed “serious.”
The ICJ is concerned that this proposed procedure increases the likelihood that some laws and provisions may never be subjected to constitutional review, and that litigants may be blocked in their efforts to ensure the review of the constitutionality of the laws.
Moroccan authorities should provide for lower courts to immediately refer constitutionality challenges to the Constitutional Court, as well for other avenues of access, including for individuals and NGOs to be enabled to join proceedings as interested parties or to submit information as amicus curiae or through expert opinions, the ICJ says.
Under international law, anyone who alleges they have been the victim of a human rights violation has the right to access to an effective remedy, including a judicial remedy.
In Morocco, ensuring that alleged victims have access to constitutional review is of key importance to fulfilling this right within the national legal system.
Morocco-Access Const Ct-News-web story-2018-ARA (full story in Arabic, PDF)
Morocco-Access Const Ct-Advocacy-Position paper-2018-ENG (Memo in English, PDF)
Morocco-Access Const Ct-Advocacy-Position paper-2018-ARA (Memo in Arabic, PDF)
