Morocco: Court of Cassation upholds Prison sentences against Soulaiman Raissouni and Omar Radi

Photos courtesy of the families of Soulaiman Rassouni and Omar Radi

20 July: PEN International strongly condemns the Rabat Court of Cassation’s decision, on July 18, to reject the final appeals of prominent Moroccan journalists Soulaiman Rassouni and Omar Radi, upholding their five and six year unjust prison sentences, respectively. The sentences follow trials marred by irregularities in flagrant violation of the right to a fair trial, raising grave concerns over the rule of law and independence of the judiciary in Morocco. PEN International calls on the Moroccan authorities to quash their sentences in their entirety, immediately and unconditionally release them, and end their relentless crackdown on freedom of expression and independent press in Morocco.

Responding to the court ruling, Burhan Sonmez, President of PEN International, said: “We regret the Court's decision to uphold the unfair sentences against Rassouni and Radi despite flagrant violations of their right to a fair trial. This verdict sends an alarming message about press freedom in Morocco. Journalists should never be subjected to arbitrary arrest and detention, unfair trials, and smear campaigns because of their work. Moroccan authorities should quash these unjust sentences, release Radi and Raissouni immediately, and uphold Morocco’s international obligations toward freedom of expression.”

Rassouni and Radi were arrested in May and July 2020, respectively, and subjected to prolonged pre-trial detention before facing trials that failed to meet international standards for the right to a fair trial. PEN International has previously called for their release and right to a fair trial, highlighting concerns over Morocco’s use of spurious criminal charges relating to allegations of sexual and gender-based violence as a pretext to suppress freedom of expression and intimidate journalists.

The journalists’s persecution has been seen as a clear indication of the declining situation of press freedom in Morocco and have been widely criticised by international institutions. In July 2022, the United Nations Working Group on Arbitrary Detention concluded that the arrest and detention of Raissouni were arbitrary, raising grave concerns over his physical and psychological well-being. In January 2023, the European Parlament adopted resolution 2023/2506(RSP), urging the Moroccan authorities to respect freedom of expression and media freedom, guarantee imprisoned journalists, in particular Radi, Raissouni and Taoufik Bouachrine, a fair trial and  due process guarantees, secure their release and cease the harassment of all journalists, their lawyers and families.

Since their arrest and detention, PEN International documented testimonies of both Radi and Raissouni’s families indicating inhumane and degrading treatment in prison, including confiscation of their writings, lack of adequate medical care, keeping them in prolonged isolation and poor detention conditions.

Background

In recent years, the Moroccan authorities have escalated their crackdown on freedom of expression, subjecting imprisoned journalists to extra-punitive measures and imprisoning human rights activists over views critical of the government, while denying their right to a fair trial.

On 23 March 2022, human rights defender Saida El Alami was arrested over social media posts critical of the authorities. In April, she was sentenced to two years and a fine of MAD5,000 (approximately USD500) for ‘insulting a body regulated by law’ and ‘insulting public officials while carrying out their duties’, increased to three years on appeal in September. Her arrest was followed by several arrests and summons of activists over critical social media posts or calls for protests over high gas prices. Another activist, Rabie Al Ablaq, was sentenced in April to four years in prison for "offending" the king on social media.

In May 2022, prison authorities confiscated Raissouni’s diaries and a draft novel during his transfer to Aïn Borja Prison in Casablanca. In June 2023, Radi’s family reported that prison authorities were subjecting him to inhumane and degrading treatment, including denying him access to adequate medical care and proper nutrition, prohibiting him from discussing politics during family visits, and writing. 

In November 2022, security forces arrested Mohammed Ziane, an outspoken critic of Moroccan security and the former human rights minister, after an appeals court upheld his initial three-year sentence. He faced 11 charges, including insulting the judiciary, using social media to instigate the violation of COVID-19 measures, adultery, sexual harassment, and contempt of institutions. Earlier in September, Ziane harshly criticised Morocco's security apparatus in a video statement published in a local media outlet. Human rights defender Rida Benotmane was also arrested in September and later sentenced to three years in prison and MAD20,000 (approximately USD1950) in relation to social media posts and YouTube videos in which he criticised the authorities.

Pro-government media has maintained defamation campaigns and online harassment against critics, including families of imprisoned journalists. Some of these family members have told PEN International about the challenges faced in securing a job, as employers - concerned about repercussions - are afraid to hire them.

Full background on Soulaimne Raissoini’s case can be found here.

Full background on Omar Radi’s case can be found here.

For more information, please contact Mina Thabet, Head of the MENA Region, at [email protected]