Morocco: more than 200,000 people worldwide demand the immediate and..
One year since Moroccan activist Wafae Charaf was sentenced to two years in prison on appeal, 202,168 Amnesty International members, supporters and activists from 150 countries around the world are calling for her immediate and unconditional release, and that of fellow activist Oussama Housne.
Amnesty International considers them to be prisoners of conscience.
Wafae Charaf, 28, reported that unknown men abducted and ill-treated her after she attended a workers' protest in Tangiers on 27 April 2014. She said the men beat her and threatened her with further violence if she did not stop her activism. She filed a complaint with the judicial authorities
who opened an investigation into her alleged assault, but before the investigation was concluded, she was arrested, detained and charged with falsely reporting an offence and slander. On 12 August 2014, a court in Tangiers sentenced her to one year in prison for falsely reporting an offence,
giving a false testimony and slander and ordered her and a co-defendant to pay 50,000 Moroccan dirhams (about US$ 6,000) in damages to the Moroccan police, even though she did not accuse them. Her sentence was increased to two years on appeal on 21 October 2014.
Oussama Housne, 23, reported that unknown men abducted and tortured him as he was leaving a protest in solidarity with detained activists of the 20 February movement in Casablanca on 2 May 2014. He said the men burned him with a heated metal rod and raped him with their fingers. A fellow
activist recorded his allegations in a video that was posted on YouTube, prompting the judicial authorities to open an investigation. They later concluded he had not been tortured and charged him with false reporting and slander. On 23 July 2014, a court in Casablanca sentenced him to three
years' imprisonment for slander and falsely reporting an offence and ordered him to pay 100,000 Moroccan dirhams (approximately US$ 12,000) in compensation to Morocco's police force, even though his statements on Youtube only referred to unknown assailants. His sentence was upheld on appeal in
March 2015.
These are not isolated cases. Several other individuals who have reported torture or filed complaints in Moroccan and foreign courts have faced counter-complaints and prosecution under "false reporting" and "slander" charges, as highlighted by Amnesty International in its report Shadow of
impunity: torture in Morocco and Western Sahara, launched in May 2015.
The charge of "false reporting" should never be used to criminalise complaints of torture. Even an erroneous report of torture which harms an individual's reputation should be a matter for civil litigation - not criminal prosecution. Victims of torture and other ill-treatment in Morocco and
Western Sahara must feel they can report such acts without fear of prosecution or other retribution.
As a party to the UN Convention against Torture and its Optional Protocol, Morocco has a duty to protect those reporting torture and other ill-treatment against retribution or intimidation, including threats of counter-charges, as a result of making complaints. By charging complainants with
making false allegations, the Moroccan authorities are likely to instil fear among victims of torture and other ill-treatment and encourage impunity for perpetrators.
Background
Several provisions in Morocco's Penal Code put those who report human rights violations at risk and restrict their right to freedom of expression. Articles 263 and 264 of the Penal Code define the false reporting of an offence as an insult to public officers and include penalties of one month
to one year in prison as well as fines. Article 445 of the Penal Code deals with false and slanderous complaints and provides for punishments ranging from six months' to five years' imprisonment and fines. Amnesty International calls on the Moroccan authorities to seize the opportunity
afforded by current judicial reforms to amend the Penal Code with a view to upholding human rights.