EL HASKI v. BELGIUM JUDGMENT
13
B. Reports by non-governmental organisations (“NGOs”)
53. In its report of 28 November 2005 entitled “Morocco’s Truth
Commission: Honoring Past Victims during an Uncertain Present”, which
was referred to by the applicant before the Court, as previously before the
domestic courts, Human Rights Watch examined the consequences of the
Casablanca bombings of 16 May 2003. It made the following points:
“... The fragility of Morocco’s human rights progress was laid bare by the state’s
response to Morocco’s first-ever mass terrorist attack. On the night of May 16, 2003,
suicide bombers struck several locations in Casablanca, killing forty-five persons,
including twelve attackers.
Less than one week later, parliament unanimously adopted an anti-terrorist law
(Law 3/2003), which had been under debate since autumn 2002 and which raised
numerous human rights concerns. The law extended the maximum duration of prearraignment detention from eight to twelve days in cases considered to involve
terrorism. It also defined the term in a very broad manner. The law considers an act as
terrorist if its ‘main objective is to disrupt public order by intimidation, force,
violence, fear or terror’ and is composed of one or more acts listed in the article.
These include, in addition to physical attacks on other persons, ‘the involvement in
organized groups or congregations with the intent of committing an act of terrorism,’
and ‘the promulgation and dissemination of propaganda or advertisement in support
of the above-mentioned acts.’ In the months following the Casablanca attacks, the
government used this broad definition to convict hundreds of suspected members of
terrorist cells, as well as several journalists accused of being apologists for terror.
Various human rights organizations documented widespread abuses of the rights of
the more than 2,000 suspected Islamists detained by the security forces and the
Moroccan courts in the weeks following the attacks in Casablanca. [Human Rights
Watch referred to the following reports: Moroccan Human Rights Organization,
‘Muhakamat ikhtal fiha mizan al-`adalah’ (Trials in which the scales of justice have
been tipped), Rabat, November 2003; Human Rights Watch, ‘Morocco: Human
Rights at a Crossroads’, A Human Rights Watch Report, New York, October 2004;
Amnesty International, Morocco/Western Sahara: ‘Briefing to the Committee against
Torture’ (London, November 2003); Amnesty International, ‘Morocco/Western
Sahara: Torture in the ‘anti-terrorism’ campaign - the case of Témara detention
centre’; International Human Rights Federation, ‘Les autorités marocaines à
l’épreuve de terrorisme: la tentation de l’arbitraire’, (Paris: FIDH, February 2004),
no. 379.] Many were held for days or weeks in secret detention, where the police
subjected them to various forms of illtreatment and in some cases to torture in order to
extract confessions. The courts denied them their right to a fair hearing. They
routinely refused defense motions to call witnesses, and refused to order medical
examinations of those who claimed to have been tortured. Many were tried in haste
and convicted before October 2003, when legal reforms took place giving defendants
the right to appeal their conviction on the basis of the facts ...”
Human Rights Watch, commenting that the “crackdown on suspected
[Islamist] militants after the Casablanca bombings constituted an alarming
deterioration in rights conditions” and that, more generally, the “authorities
instrumentalize[d] the courts to serve political ends”, also observed as
follows:
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