In this regard, we asked three questions to Zouhair Lahrach, First Deputy Public Prosecutor at the Rabat Court of First Instance, in order to provide clarifications on this matter.
What are the reasons behind the travel ban on M.M?
All misleading allegations on this case are completely disconnected from reality, and I shall emphasize that the ban is absolutely not motivated by his political or academic activity, nor by the exercise of any rights guaranteed by law.
The matter, however, pertains to the fact that he is suspected of committing an act incriminated and punishable under the law related to money laundering. Investigations have shown that the individual received substantial wire transfers from abroad, and that he owns several real estate properties that were the subject of "suspicion declarations" under Article 18 of Law 43-05.
As a result, the Public Prosecution ordered a preliminary investigation into the matter. After the related procedures were completed, the individual was brought before the Public Prosecutor at the Rabat Court of First Instance, who decided to request an investigation into his suspected involvement in acts that constitute money laundering crimes under Articles 574-1, 574-2, and 574-3 of the criminal code.
I would like to point out that the judiciary, keen to establish the truth, is using all available legal means to complete the investigative procedures, especially since they are linked to international letters rogatory sent abroad, and that the results obtained from these procedures require the individual's presence to answer and investigate with him in detail regarding their conclusions.
Based on this preliminary inquiry ordered by the Public Prosecutor's Office, at what stage do the investigations currently stand, and what is the legal basis for the travel ban?
The individual’s case is still being examined by the investigating judge, who has decided to close the borders for him and withdraw his passport, in accordance with Article 142 of the Code of criminal procedure. The second paragraph of this article stipulates that it is possible to order "for the necessity of investigations, the closure of the borders and the withdrawal of the passport to ensure the accused does not flee during the entire investigation period." This is in contrast to the false claims circulated about the legal basis for the travel ban imposed on the individual.
The said article grants the investigating judge the possibility to issue the aforementioned order during the entire preparatory investigation phase, without being subject to a legal time limit or specific duration, and without being bound by the provisions of Article 160 of the Code of Criminal Procedure, as claimed by the individual. It is worth noting that he and his defense have the full right to initiate the procedures guaranteed by law, including appealing these decisions before the competent judicial bodies, instead of spreading misleading allegations.
Is this case related to the Royal Pardon granted to the individual?
First and foremost, I would like to emphasize that this individual enjoys all guarantees of a fair trial, and as I have previously stated, the judiciary is committed to completing the investigation procedures promptly.
Adhering to the principle of the rule of law requires, above all, respecting the judiciary and the legal measures in force, which are applied equally to all suspects with no exception, rather than spreading baseless allegations aimed at illegitimately influencing the course of a case under judicial review.
The Royal Pardon granted to this individual is not related to the public action underway at the investigating Chamber currently aiming him for money laundering, with all the implications this involves in terms of confidentiality, knowing that the crime of money laundering - subject to the ongoing preparatory investigation against the individual - is independent from the initial offense which is related to criminal proceeds and it is not related to it on the grounds of its legal basis, contrary to the falsehoods circulated about this issue.