"The Moroccan authorities have taken note of the publication by NGOs of a joint declaration calling for granting the provisional release to Omar Radi and to guaranteeing a fair trial for all parties", said the Inter-ministerial Delegation for Human Rights (DIDH) in a statement, noting that this declaration includes several aberrations which require several observations and clarifications.
In this regard, the Delegation underlines that the Moroccan authorities express "their astonishment at the content of this declaration which attempts to call into question the credibility of the constitutional institutions, and to influence the normal course of justice in the treatment of court records in particular, by inciting interference in the work of the judiciary as an independent power of a sovereign state, noting that “this is contrary to international human rights agreements, in particular those relating to the independence of the judiciary".
While insisting on the fact that the decision of arrest, conviction or innocence, as well as the acquittal or release, fall within the exclusive competence of the judiciary alone, the Moroccan authorities stress that the equality of all citizens before the law constitutes one of the fundamental civil rights recognized by the constitution, which does not prevent prosecution for criminal acts attributed to the suspect, whatever his quality, activity or situation may be, adds the same source.
In this regard, the Moroccan authorities note that the prosecution of Mr. Omar Radi concerns the accusations of undermining the foreign security of the State by conducting contacts with agents of a foreign country in order to undermine Morocco’s diplomatic situation and rape on the basis of a complaint to this effect filed against him by the victim.
These are common law crimes of which the Moroccan authorities do not want to detail the circumstances, but they ensure that the case is dealt in total independence and without any discrimination or exception, in accordance with the provisions of international conventions relating to human rights and the national law in the matter, the Delegation points out.
As a result, the Moroccan authorities reject the said declaration which alleges that the prosecution of Omar Radi is linked to his journalistic work or because of his criticism of the authorities and institutions. The proof, observes the DIDH, is that he practiced his profession for several years and expressed his positions and opinions freely and without any restriction through articles or surveys that he carried out within the framework of the law governing the press and publishing.
The Delegation underlines that the allegations contained in the declaration, according to which the interested party is being prosecuted in a context marked by "the restriction of the freedom of the press through the invention of lawsuits for sexual charges", are refuted by the will of the Moroccan authorities to promote freedom of opinion and expression in all its forms, because reality shows the dynamism and diversity of the media sector, marked by the presence of several opinion journalists, activists on social media and organizations. The latter exercise their right of expression, criticizing authorities and institutions and opposing their policies, freely and without being subject to restrictions other than those authorized by international law, the Constitution and legal texts.
The Moroccan authorities are also astonished at the position of the NGOs that signed this declaration and which have neglected the rights of victims of sexual assault, simply because the suspect enjoys a certain status or practices a particular activity, at a time when voices are being raised throughout the world against the impunity of the perpetrators of this type of legally incriminated and morally and humanly condemned acts.
The Moroccan authorities stress that the right to demand the suspension of the detention of any person prosecuted falls within the framework of the exercise of the rights of the defense, including the exercise of all legal remedies.
The authorities also deplore the involvement of non-governmental organizations, supposed to contribute to the promotion and protection of rights and freedoms in accordance with internationally recognized principles and rules, in media pressure campaigns aimed at misleading public opinion with baseless data, in order to undermine the image of constitutional institutions in the Kingdom of Morocco.