INTERNATIONAL PEN WRITERS IN PRISON COMMITTEE
Francophone North Africa Campaign
September 1 - 12, 2003

MOROCCO

BACKGROUND

Morocco was a French protectorate from 1912 to 1956, when Sultan Mohammed became king. He was succeeded in 1961 by his son, Hassan II, who ruled for 38 years. He reportedly played a prominent role in the search for peace in the Middle East, given the large number of Israeli's of Moroccan origin, but was criticized by human rights groups for his suppression of opposition at home. In Morocco the King appoints the Prime Minister, who in turn chooses his government.

After the death of King Hassan II in 1999 he was succeeded by his son, who became King Mohammed VI and was seen as a modernizer who would press on towards establishing a constitutional monarchy. In a television address shortly after his father's death the new monarch declared his commitment to constitutional monarchy, political pluralism, economic liberalism and human rights.

On November 15, 2002, King Mohammed VI restated his determination to strengthen press freedom, safeguard plurality of information and to guarantee the modernization of a sector, which he described as "one of the pillars of our plan for a modernized, democratic society". However, local and foreign newspapers continue to be censored and journalists continue to be subjected to harassment, questioning and arrest. In fact, it was during the last few years of the reign of the late King Hassan II that the Moroccan press seemed to blossom with several independent newspapers eventually breaking taboos and exposing various scandals. It is this more recent outspokenness by journalists which is leading to their persecution.

In May of this year a new anti-terrorism press law was adopted in Morocco. The new legislation allows for prison sentences for some press offenses. Article 41 of the law provides for between three to five years in jail for "any attack on Islam, the monarchy or territorial integrity." At present two journalists are in prison in connection with their professional work and two others have received prison sentences but are currently at liberty awaiting appeal whilst another has received a suspended prison sentence. PEN has closely followed developments in regard to all five. We are continuing to appeal on behalf of these journalists in this campaign in our letter to the Prime Minister of Morocco. More details about each of these journalists is available below.

RECENT NEWS

Jailed newspaper editor Ali Lmrabet was not one of the 669 prison inmates who received a royal pardon from King Mohammed VI on "Throne Day" on July 30, the fourth anniversary of his accession to the Moroccan throne. The pardons were announced on the eve of the anniversary.

Lmrabet was found guilty on May 21, 2003 of "insulting the person of the king" and of committing an "offence against the monarchy" and "an offence against territorial integrity". He was handed a four-year prison sentence and 20,000 dirham fine ($2,300). He began serving his sentence immediately. Both the newspapers he edits, Demain Magazine and Douman, have since been banned.

The harassment, pressing of charges and subsequent prison sentence imposed on Ali Lmrabet expose the Moroccan authorities high-handed attitude towards freedom of expression. PEN reiterates its position that a custodial sentence for the offense of libel is wholly inappropriate. It maintains that all such offenses should be dealt with by civil rather than criminal courts. PEN calls upon the Moroccan authorities to drop all criminal charges against Ali Lmrabet and to release him immediately and unconditionally.

In addition, the Writers in Prison Committee of International PEN is deeply dismayed by the prison sentences handed down to Mohammed el Hourd, Abdelmajid Ben Taher, Mustapha Kechnini and Mustapha Alaoui.

Mohammed el Hourd and Abdelmajid Ben Taher, publisher and editor respectively of the weekly newspaper Al Alsharq and Mustapha Kechnini, editor of the weekly newspaper Al Hayat al Maghribi, were sentenced on August 4, 2003 to prison sentences of between one and three years for "incitement to violence". Mohammed el Hourd was sentenced to a three year prison term and Abdelmajid Ben Taher and Mustapha Kechnini were sentenced to one year in prison. The court also banned the two newspapers for three months.

Mustapha Kechnini was convicted for having published, in a May 2003 edition of Al Hayat al Maghribi, a statement by of an islamist, Zakkaria Boughrara, that had praised the action of the Jihad movement in Morocco. The same statement was also published in Alsharq on June 5th. Mustapha Kechnini and Abdelmajid Ben Taher were released pending appeal on July10, 2003.

Mustapha Alaoui, managing director of the newspaper Al Ousboue, had been arrested on June 5, 2003 following the publication of a letter in Al Ousboue from an unknown organization which claimed responsibility for three of the five bomb attacks in Casablanca. The prosecutor claimed that the publication of the letter was a "flagrant violation of criminal law provisions, especially those in the law on the struggle against terrorism." Mustapha Alaoui was released on July 12, 2003.

International PEN believes that Mohammed el Hourd, Abdelmajid Ben Taher, Mustapha Kechnini and Mustapha Alaoui were convicted in violation of their right to free expression, a right which is guaranteed by Article 19 of the UN Universal Declaration of Human Rights, to which Morocco is a party.

HERE'S HOW YOU CAN HELP:

Please write a polite letter in English or in French to the Moroccan authorities expressing concern regarding the detained journalists and asking for their immediate and unconditional release. In addition, urge that any anti-terrorist legislation is not used to repress journalists and writers in regard to their right to freedom of expression. You may copy the suggested text for your appeal or create your own. Postage is 80¢.

Date
His Excellency Driss Jettou
Prime Minister of the Kingdom of Morocco
Rabat
Morocco

Fax: +212 37769995

Your Excellency,

As one of the 2,700 writers who are members of PEN American Center, I am writing to express my grave concern in regard to the journalists, Ali Lmrabet, Mustapha Alaoui, Mohammed el Hourd, Abdelmajid Ben Taher and Mustapha Kechnini. I understand that Ali Lmrabet and Mohammed el Hourd are detained in prison and Mustapha Alaoui, Abdelmajid Ben Taher and Mustapha Kechnini have been sentenced to prison sentences of between one and three years.

PEN American Center believes that Ali Lmrabet, Mohammed el Hourd, Abdelmajid Ben Taher, Mustapha Kechnini and Mustapha Alaoui were convicted in violation of their right to free expression, a right that is guaranteed by Article 19 of the UN Universal Declaration of Human Rights, to which Morocco is a party. We therefore call upon the Moroccan authorities to repeal the sentences imposed on Ben Taher, Kechnini, Alaoui and el Hourd and to facilitate their immediate and unconditional release. PEN also urges the authorities not to use Morocco's new anti-terrorist legislation to repress journalists and writers in regard to their right to freedom of expression.

I thank for your consideration in this matter.

Sincerely,

[Your name and signature]

Cc:
H.E. Aziz Mekouar
Embassy of the Kingdom of Morocco
1601 21st Street, NW
Washington, DC 20009
Fax: (202) 265-0161

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