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Rabat – The court case surrounding Moroccan journalist Soulaiman Raissouni and the allegations of sexual assault against him have recently drawn a lot of international attention to Morocco and its judicial system.
Casablanca’s Court of Appeal recently sentenced the journalist to five-years in prison, and charged him with a fine of MAD 100,000 as compensation to the victim, a decision that sparked intense debate in Morocco, as well as worldwide.
While some view the sentence as appropriate for the crime and a fair outcome considering what the victim went through, Raissouni’s supporters allege that his arrest and sentencing were politically motivated due to his journalistic work.
Most notably, US State Department spokesperson Ned Price commented on the case, saying that the way it was handled contradicted the 2011 constitution, a statement that drew criticism from Moroccans.
Raissouni himself did not attend the trial. He has been on a hunger strike for the last few months, a claim that is repeatedly disputed by the Moroccan authorities.
Aicha Guellaa, representing the Moroccan Association for Victims’ Rights, and the lawyer for the victim in the case, spoke with MWN yesterday regarding the case and what it could mean.
MWN: Are you and the victims happy with the sentence? Do you think it’s appropriate for the crime?
Guellaa: As an association interested in defending the rights of the plaintiffs, we think the principle is protecting the victims and pursuing punishment for these crimes. The sentence is related to the legal text and appropriate for the crime.
The crime of sexual assault is punishable by up to 10 years by Moroccan law. We are more concerned with material reparations to the victims, as a civil participant in the case. Loss of freedom in jail is something that no one likes or accepts, but when compared to the crimes committed, I think the sentence was appropriate and the court was accommodating to the accused in respect to the jail time punishment and also the material compensations. As defense to the victims in this case, we will aim to pursue even more appropriate material compensation to the victims of the case.
Guellaa: We issued a statement as an association after the sentence. We believe in the principle of “innocent until proven guilty.” We do not accept politicizing these cases and trying to manipulate the judicial process. WN: What would you like to say to the supporters of Raissouni?
We call on Raissouni to stop his hunger strike, as it is used by people who are unjustly jailed, persecuted, and robbed of their freedoms, and not as a means to gain sympathy. We believe his condition in jail is acceptable and in line with that of other prisoners. It has been however taken advantage of by defenders of Raissouni to claim the Moroccan system is corrupt which we also saw in the case of Bouachrine which I was also a part of the defense team for.
I tell Raissouni and his defenders that the Moroccan justice system will be what issues the final verdict in this case, and not the court of public opinion or foreign governments. The final word will stay in the hands of the court and the legal system. People are trying to distract from this and distort the judicial system for their own interests.
The Hunger strike also does not benefit him and only serves the interests of special interest groups that want to spread inaccuracies about the Moroccan justice system. In fact, it only makes Mr. Raissouni’s health deteriorated further. A better way to serve his cause would be to have the defendant attend the court sessions and present his side of the story to the public and to the judicial system, in order to get a fair sentence.
MWN: What do you think about the US State Department’s response, who said that the sentence contradicts with the 2011 Constitution of Morocco?
Guellaa: What right does the United States have to interfere in the internal affairs of Morocco and a judicial case of a foreign country? I would like to remind everyone that Dominique Strauss-Kahn was stopped in the US for a sexual assault against a hotel employee but why did no french citizen or politician criticize this decision and claim it was done for a political cause?
The victim in Strauss-Kahn’s case was respected. So why does this not apply to Morocco? Does a Moroccan victim of sexual assault not have the right to be treated the same way? Did the US State Department spokesperson listen to both sides of the story?
Even though it is not appropriate for them to interfere at all, since they were going to intervene he should have at least listened to both sides of the story and built the statement on the opinion that he reaches based on that.
Critics of the sentence say that these sentences are targeted towards journalism and the freedom of the press and expression but I implore them to show me one journalistic story that was so influential it merits an intervention of this kind. As I said before, we saw the same people say the same things during the previous trial of Bouachrine, and they always try to twist the facts and circumvent them to present the picture they want to other parties.
We call on US authorities and representatives in Morocco to listen to the victim’s side. We want them to engage with the victim and acknowledge them before reaching conclusions based only on one side of the story.
MWN: Adam, the plaintiff in the case, described Raissouni’s defenders as “tribal activists” who do not follow the facts but only defend him because of his profession. Do you have anything to add to this?
Guellaa: This is the main problem. The case is treated one-sidedly. If people do not know enough about the subject, they should stay neutral. The place to settle these affairs is the courtroom. We did not try to cancel Raissouni’s side of the story or twist the facts surrounding his situation. We saw the same people say the same things during the case of Bouachrine’s trial, and they kept spreading the same inaccuracies.
There are checks and balances in the Moroccan system and if the accused is innocent he will be found innocent and if he is not he will be found guilty. Anyone who is reasonable will try to seek different opinions and any position which relies on only one side of the story is unreasonable.
I personally think this is a human rights issue and it should be seen to its natural conclusions, because there are real victims here that went through difficult times and had their dignity violated.
MWN: What do you think the case could mean for future cases of sexual assault in Morocco?
Guellaa: I think although there is legislation against sexual violence, it’s an issue that needs education and systemic changes to raise awareness of the extent of it. We also need the help of the media and the government with this. I think these prison sentences will be a lesson to others to avoid committing the same crimes and that these sexual crimes will not be tolerated. I drew attention recently to a Tanger Court of Appeals decision that decided that forceful sexual acts on a married woman is considered rape, which is a historic decision. Such steps will be necessary in the future in order to ensure the safety of women from crimes like these.
Raissouni’s arrest and jail sentence remain very controversial. Recently, the defendant in the case, Adam, published a statement on Facebook condemning the journalist’s defenders and the American statement on the case.
Meanwhile, Moroccan diplomats and public figures have condemned Ned Price’s statement, questioning the USA’s double standards and their right to interfere in Morocco’s domestic affairs.
Morocco’s authorities have denied the claims that the arrest is politically motivated, or that Raissouni is being kept under inhumane conditions.
