Lawyers and human rights defenders praise King Mohammed VI's pardons

The royal pardon of journalists, activists and Moroccans, as well as those convicted in terrorism-related cases, was widely welcomed inside and outside Morocco on the occasion of the 25th anniversary of Throne Day, as an initiative that falls within the framework of acts of compassion, mercy and forgiveness emanating from Morocco's head of state.  

As a human rights activist and lawyer, Aicha Al-Kalla, who runs an association founded to defend complainants, stressed that the royal pardon is regulated by a constitutional requirement contained in Article 58 of the Constitution, which considers that pardon is a right of the King, and, therefore, it is a possibility, a humanitarian initiative, of compassion and mercy that the head of state as King includes in this right for citizens who have committed acts that fall within the scope of Moroccan criminal law.

For Aisha Al-Kalaa, speaking to Al-Arab media, the royal pardon does not in any way mean innocence of the criminal acts committed by the convicted, especially with regard to the journalists who enjoyed the pardon as part of the group released on the occasion of Throne Day, as the pardon refers to the remaining period of the prison sentence, and the conviction remains fixed against the convicted and the court sentences which are the title of the truth, meaning that criminal acts were committed and they were convicted and resulted in a prison sentence and civil compensation for the civil party to compensate for the damages resulting from the criminal acts.  

For her part, Fatima Zahraa El Chaoui, lawyer and president of the Moroccan Association for Combating Violence against Women, confirmed that we received the decision of the royal pardon with joy and relief as a lawyer and human rights defender, which is a real right guaranteed by the Constitution and is a tradition in Morocco on religious occasions and some official national occasions, benefiting several prisoners under public law, without this meaning that the three released journalists have enjoyed the instrument of innocence, because the facts they were charged with are proven by a court ruling that has the force of res judicata at all levels of litigation in Moroccan courts.  

Fatima Zahraa El Chaoui explained to Al Arab that these released men are not innocent, but benefited from the King's generosity in pardoning them for the remainder of their sentence, and that they were not prosecuted for their political views, but were convicted of sexual assault offences and there are civil rights and compensation claims that have been ruled in their favour. If the pardon was issued by His Majesty the King, the sentences were also issued in His Majesty's name, and they must be applied, especially in the part where the pardon was not granted, related to the rights of other victims who have suffered a lot, and I represent some of them, and we will continue the battle because the pardon does not exonerate them, but the civil claims still stand.  

The royal pardon was in the framework of a group of 2,476 persons, including 171 prisoners who benefited from the fine and the rest of the custodial sentence for the benefit of 171.  

The amnesty of the remaining term of imprisonment included two inmates, the reduction of the term of imprisonment included 2090 inmates and 15 inmates benefited from the conversion from life imprisonment to fixed-term imprisonment.  

As for the 182 beneficiaries of the royal pardon who are at liberty, 45 of them benefited from the pardon of the prison sentence or the rest of it, 9 benefited from the pardon of the prison sentence while keeping the fine, 121 benefited from the pardon of the fine or the rest of it, and 7 persons were pardoned from both the prison sentence and the fine.  

Tawfik Bouachrine, Omar Radi and Slimane Raissouni, along with activists Reda Tawjani, Youssef El Hirch, Saida Alami and Mohamed Ganzouz, benefited from the royal initiative after serving various prison sentences pending sentencing in various court cases, in addition to 16 convicted under the provisions of the anti-terrorism law and another group of released convicts, including Emad Estito, Afaf Brnani, Hicham Mansouri and Abdessamad Ait Aicha, sentenced to various custodial sentences.  

Nawfal Bouamri, a lawyer and political analyst, told Al Arab that the royal pardon enjoyed by some journalists and bloggers is a pardon that has brought about a breakthrough, a breakthrough that everyone seems to have been waiting for, and apart from the debate that has arisen on the rights of victims; the royal step is in itself a courageous step that will contribute to the closure of files that have been considered a gratuitous distraction. While this pardon has been exercised voluntarily by the King in recognition of what he considered appropriate, all the more so as this pardon has coincided with the 25th anniversary of the King of Morocco's accession to the throne, which has endowed this pardon with great humanitarian symbolism, which has been greeted by the street with much enthusiasm.  

Amnesty is a right of the King, stipulated in Article 58 of the Constitution. It is a special pardon regulated by a special text, Dahir No. 1-57-387 on amnesty, along with provisions of the Penal Code, and can be granted to any person without any legal condition, regardless of age, profession, state of health or degree of criminality, regardless of the seriousness of the crime, recidivism or legal status.  

Therefore, the royal pardon is a humanitarian initiative to give an opportunity to those who had a conflict with the law to reform and reintegrate into society, according to Aisha Al-Kalaa, in a statement to Al Arab, and this is what is included in the statement of the Royal Court, which considers that this is an opportunity for a new life and the convicts overcome the mistakes made to become productive and righteous individuals and comply with the rules of public order and the law, and that we, as the defence of the victims and civil claims in the three files, consider that the step is positive for the pardon and remain entitled to demand the implementation of civil compensation that has been awarded and paid by the convicts.  

Aisha Al-Kalla, president of the Moroccan Association for Victims' Rights, hopes that those included in the pardon will live up to the nobility of the royal pardon and admit their mistakes and apologise to the victims, especially as these are crimes under public law, which are sexual assaults committed against the victims, and there is no question of follow-up or fabricated cases, which she considers to be a flight forward. Let's ignore all this bidding, as long as the convicted are protected by the King's compassion, let them honour this pardon and comply with the judicial sentences handed down in the name of His Majesty the King, which is a title of truth, and the victims have the right to hold on to their rights, which are not affected by the pardon, according to the Amnesty Dahir.  

According to chapter 7 of the Amnesty Dahir, amnesty for any sentenced person does not affect their interests, so Al-Kalaa states that they should apologise for their actions that caused psychological, social and economic damage to the victims, as well as implement the court rulings issued by a judicial authority that has its constitutional status and position within the state to believe that we are building a state of truth, law and institutions.