CABINET D’AVOCATS JUS COGENS – Me Christophe MARCHAND (GSM: 32.486.32.22.88 ; cm@juscogens.be, Me Dounia ALAMAT (GSM:32.472.40.58.02 ; da@juscogens.be)
The Appeal Court of Rabat-Salé (Morocco) has promised that sufficient time would be allowed in order for the prosecution and the defence of Ali Aarrass to debate his case in a hearing on 24 November 2011.
In March 2008, Morocco issued to Spain an extradition request for Ali Aarrass accused of membership to an unspecified terrorist group.
Since 1 August 2008, the beginning of his detention in Spain after the extradition request, Ali Aarass has continuously affirmed his innocence. Moreover, his lawyers have strongly criticised the extradition procedure, and highlighted especially the risk of torture if he was to be extradited to Morocco.
On 26 November 2010, the UN Human Rights Committee officially requested Spain not to extradite Ali Aarrass to Morocco due to the serious and established risk of mistreatment.
Nevertheless, on 14 December 2010, Spain carried out the extradition, disregarding the Human Rights Committee measure and without even alerting Ali Aarrass’ lawyers or his family.
From 14 December to 24 December 2010, Ali Aarrass was placed in police custody and left in the hands of his torturers. He simply disappeared as no one was informed of his place of detention and as he did not have access to a lawyer. During that period, Ali Aarrass was forced to sign “confessions” written in Arabic, a language that he cannot read.
After this ordeal, Ali Aarrass was brought before the so-called head of his torturers who was in reality the instructive Judge. Ali Aarrass confirmed his confessions in order to avoid further torture.
However, on 18 January 2011, Ali Aarrass was presented to the instructive Judge accompanied by his lawyer this time. He was therefore able to speak the truth and entirely denied the allegations against him.
On 18March 2011, after a flying investigation, the instructive Judge ordained the transfer of Ali Aarrass before the Appeal Court of Rabat. This decision was made on the “confessions” of Ali Aarrass.
A first hearing was rapidly arranged on 22 April 2011, but since then, the trial has been postponed nine times.
It was only on 6 October 2011 that the trial really began. Before his judges, Ali Aarrass affirmed his innocence and denounced the torture to which he was subjected.
After that, the Court of Appeal postponed the prosecutor’s arraignment and the defence’s pleading.
Meanwhile, the General Prosecutor attached to the Appeal Court of Rabat dismissed the complaint of torture filed by Ali Aarrass and thus without any investigation!
On 27 October 2011, the Court of Appeal waited for the end of the session to call for the case of Ali Aarrass and indicated to the lawyers that there was no sufficient time left to be allocated to this case.
Hence, the Court of Appeal postponed the trial once again. Nevertheless, it promised that it will dedicate its session on 24 November to the case of Ali Aarrass, who has been in pre-trial custody for over a year.
In principle, the General prosecutor should then make his arraignment and the defence should eventually be able to plea. Many arguments shall be developed such as the violation of speciality principle of the extradition (as the Prosecutor seeks to judge Ali illegally over accusations for which he was not extradited), the violation of the obligation to investigate the torture claim made by Ali Aarrass, the interdiction to judge a person on the basis of statements made under torture, the lack of substantive elements, the inconsistencies of the file…
The verdict should be given on the same day. Ali Aarrass’ defence and family hope that justice will be given…
