1st- Concerning the Justice Administration, notwithstanding the Human Rights norms and international instruments, rectified by Morocco and, although holding a strong police and judicial contingent, it did not take into account, along the judicial process, the current law, therefore WEAKENING, in judicial seat, dependencies and institutions, the appliance legislation, this process having proved to be: a NULL and VOID.
2nd -The Military Court, in charge of this procedure, which carried out the trial’s stages and decision, in Rabat, capital of the Morocco State, is an EXTRATERRITORIAL COURT. Its competence to judge the facts and acts produced outside the Reign of Morocco territory, makes it INCOMPETENT, according with the United Nations Security Council’s resolutions, once these facts , are circumscribed within the Western Sahara, a non-autonomous territory, military and illegally occupied by Morocco ( the “ occupant country”), contrary to international law and therefore, outside the sovereignty, competence and jurisdiction of this same Rabat’s Military Court, the process developed in itself being NULL and VOID.
3rd -The Rabat Military Court is INCOMPETENT under the constitutional and criminal law, according to article 127, of the recent - ratified Constitution of the Reign of Morocco, dated from the 29th July 2011, being in fact an EXCEPTIONAL COURT, prescript and forbidden, the developed process being of RADICAL NULITY. The Rabat Military Court, presided by an ordinary judge “Zehhaf”, judged, violating the application law, 25 Saharawi civilians , not holding the necessary jurisdictional faculties. The form and tone of interrogation to many of the latter, stating they had no sufficient education competences, in order to pronounce the court’s legality, was totally inadequate.
4th- As this mission proved, in practice, the preliminary round phase of the crime, was converted into the dominant and decisive part of the criminal process, contaminating it in a serious and irremediable manner. The accusation and justice administration system, regarding the proofs which might have been obtained illegally, is very defective. A reality which this mission realised that prisoners’ sexual violations and tortures, as means of obtaining confessions, which took place at the Royal Gendarmerie police premises and amid the military and pro-military corps which “in fact” operate in the Western Sahara, inflicted during weeks or even months, and whose wounds were exhibited in court, during the plenary and instruction phases, with many denounces, which were not under investigation, as it was denied, including the oral phase of the proving of such acts, and the possibility of their validity, therefore giving place to FRAGILITY OF THE DEFENCE RIGHTS.
5th- The oral testimonies ,were registered ,years upon the taking place of the acts, along with the inappropriate /unjustified prolonging of detention, in police and penitentiary premises, amid tortures, physical and psychological coactions, postponing the trials and keeping the accused under protective imprisonment, contrary to international conventions and the Morocco law.
6th- This mission witnessed, that although the passed time, since the 8th November 2010, the date when the alleged acts took place, and the capacity and preparation of both the security corps and forces, as well as the Morocco courts and judges, an ILL, INCOMPLETE, SLANTING AND ILLEGAL INSTRUCTION. The inexistence within the process of the identity and circumstances on the dead victims, inexistence of forensic autopsies ( an important item to determinate the cause of death, the place, moment and circumstances); inexistence of digital impression proofs and white weapons analysis, surpassingly found at the acts locations; inexistence of morphologic studies and identification in films, consider not valid , in absolute, the dictated sentence. And once that none of the accused are identified in the presented films, the instruction and supposed accusation proofs obtained in the instruction phase and presented at the plenary, they are TOTALLY UNKNOWN REGARDING THE ACCUSED, together with the manner the King’s Procurator presented and formulated the accusation. The existence at the time, of the violent dismantlement of the Gdeim Izik camp, under siege, surrounded by numerous state effectives and equipments ( which included aerial means and at least five film cameras), make the “modus operandi” inconsistent / incongruous , reported by the accusation, with the reported facts, with plenty of void and IMPRECISIONS, which made it absolutely impossible to recognise who, how and when, provoked the death of victims and if was violent. ( The crimes appointed by those condemned were desecration of bodies, criminal and murder association).
This defective instruction, made the King’s Procurator, at the Plenary, the very same day the trial hearings begun, to present, in a suppressive manner ( in non-accomplishment with the previewed legal terms) the inclusion in the process of nine ocular witnesses of the acts and whose statements could bring some light on the authors identification and the circumstances of the crime perpetration. Hawadi Radouan, the first witness, declared he was present as an auxiliary corps, on the 13th February, at 13.15, local time, not having recognised any of the accused. The court’s president, in the exercise of his stated conferred powers, forbid the plenary of hearing the rest eight witnesses. Therefore, impeding the defence of the possibility of proving the accused had had no participation in the violent acts.
The only admitted defence witnesses and able to testify were:
Mohamed Salmani, Bachir Salmani, Mohamed Balkasmi, Mohamed Abhaoui and Hassan Dalel.
7th- Absence of guarantees in a lawful process and a correct appliance of justice, given that the police, judicial procedures and the oral trial phase, were deeply affected by the accused political activities and opinions, which overcame the circumstances. This mission regarded the inexistence of an impartial and independent justice during the trial, this process ought to be classified as a POLITICAL TRIAL and the prisoners as CONSCIENCE PRISONERS.
8th- The observer mission proved numerous vices amid the proceedings , which ought to have provoked null and void, from the instruction phase in concrete and regarding the law applied within the territory:
- the underlined absence( and denounced repeatedly along the whole trial) of accusation proofs presented by the King’s General-Procurator and the Judge of Instruction, MAKE THE WHOLE PROCESS AS NON-VALID, as the latter did not exercise their lawful guarantee function, thus violating the effective judicial protection principle ( in accordance with its criminal system) and the presumption of innocence, accepting the police statements obtained, as declared by all the witnesses, under unimaginable forms of torture, IN THE ABSENCE OF ANY REAL PROOF along all the process.
- Absence of identification of the held forces by the security guards, holding incriminatory proofs in the instruction phase itself; signifying that they were arbitrarily imprisoned and by the fact of being Saharauis, of associations’ members, in the defence of Human Rights, members of the Gdeim Izik negotiation commission or for opinions on the Western Sahara auto-determination, having been taken away unto detention centres before, during and upon the Gdeim Izik camp, with no connection with the mentioned acts, having been kept for days under unaccounted whereabouts.
- Violation of the right of defence, through the systematic refusal of proof of innocence, both during the instruction phase as during the plenary, impeding in concrete, the possibility of proving innocence, having been specially grotesque the proof presentation denials, insistently demanded by the defence, throughout all the plenary progress, as doctors for proving torture and important witnesses, such as the Minister of the Interior of Morocco and the MP (member of parliament) Gajmoula Ment Abbi.
- Absence of lawyers during detentions, at the police and judicial quarters.
- Absence of communication towards the prisoners’ families.
- The use of violent police methods, tortures and physical coactions and all orders at the judicial quarters, carried out in the presence of the instruction judge BakkalI Mohammad, deceased, to obtain signatures in digital impression , at the end of the version of the guilt confessions.
9th- This mission proved the violation of freedom of expression, conscience, meeting and association rights within the territory, awaiting the decolonisation from the United Nations and the celebration of an auto determination referendum carried out by the Saharawi people; and the expression of political opinions which are carried out during the exercise of civil rights, recognised by the international treaties, subscribed by Morocco, are hindered.
During the oral testimonies phase, the court intended to annul, at any moment, and avoid such statements; and only were permitted / allowed, upon a strong defence from lawyers and a closed meeting among the court and the latter.
10th- Detention, torture and sentence, as well as the Saharawi’s demonstrators detention, correspond to the decided and systematic repression policy towards the political activists within the Reign of Morocco and the Western Sahara territory, as a method to minimise the Saharawi people growing movement demanding their right to auto- determination, recognised by the United Nations, in the defence of their rights, which ultimate expression was the Gdeim Izik camp.
11th- The state of terror which witnesses mention, the reports on torture and repression, reported during the plenary, violate the Morocco criminal law, which is applied to the Western Sahara inhabitants, the international agreements subscribed by Morocco, as the International Convention on the Elimination of All Forms of Racial Discrimination (1966), the international Agreements on Civil, Political, Economic, Social and Cultural rights(1966), the Agreement for the Prevention and Sanction of the Crime of genocide and Crime of Tortures, (rectified by Morocco in1950).
12th- This observer mission could prove, that the necessary conditions for the ongoing of a just, equitable and independent process were not to happen. The excessive and unjustified police presence, in the hearings room, the court’s premises and in the outdoor surroundings, where hundreds of anti- order vehicles, lorries with water canyons prepared to intervene, situated in visible places, together with the pressure the observers suffered, both inside the hearings room both all over the court, the threats upon translators, whose families had been “visited” in Western Sahara, having been adverted that translation activity was not to be convenient, frequency deterrent effects all round the zone, impeded phone communication, together with the media pressure on the Morocco media, that along with the police force, carried on filming and taking photos of the observers, and , specially, of the prisoners, having been published in papers and magazines with no permission, constitute an inadmissible exercise of the power of state, which played its direct influence on the justice process, deterring it.
This Foundation STATES ITS REPULSE REGARDING THE IMPRISONEMENT, INHUMAN TREATMENT AND THE SENTENCES THE MOROCCO REGIME HAS CARRIED OUT, QUALIFYING THIS PROCESS AS ILLEGAL; CONTRARY TO HUMAN DIGNITY AND THE PEOPLE’S RIGHTS.
Our solidarity and support are equally expressed to the prisoners, their families and the Saharawi people, for their suffering and violence they undergo.
Given the dimension /magnitude and complexity of the sessions which took place, this Foundation intends to publish a complete report on the Gdeim Izik political prisoners, together with a complete list of observers.