Morocco: Arrest and detention of human rights defender Ennaama Asfari

Your Majesty,

I am deeply concerned following reports of the arrest and detention of human rights defender Ennaama Asfari, co-president of the Comité pour le respect des libertés et des droits humains au Sahara occidental - CORELSO (Committee for the respect of liberties and human rights in the Western Sahara), on 13 April 2008 in Marrakesh.

Ennaama Asfari was reportedly subject to torture and ill-treatment by police officers before being brought into police custody. He is currently being detained at the Boulemharez Prison in Marrakesh.

On 13 April 2008, at approximately 9.30pm, Ennaama Asfari was arrested by five officers of the civil police in Marrakesh. According to information received, the five officers were driving a grey Renault Clio car and had been following Ennaama Asfari since the previous day. The police officers reportedly physically attacked Ennaama Asfari before bringing him, blindfolded and handcuffed, to an unknown destination, where they tied him to a tree and beat him. Ennaama Asfari lost consciousness and was taken to hospital for injuries sustained.

On the morning of 14 April 2008, Ennaama Asfari was taken to the police station at Jamaa Elafna Square for interrogation regarding his activities. He was specifically questioned about his relationship with the students that have been implicated in recent confrontations at the University of Marrakesh. On 15 April 2008, at approximately 10.00am, he was brought before the Prosecutor General of Marrakesh, who ruled that his case be heard that day. The Court then decided to postpone his hearing until 17 April 2008, in order that Ennaama Asfari have time to find a lawyer.

On 17 April 2008, the hearing was again postponed until 21 April 2008. Ennaama Asfari has been detained at the Boulemharez Prison in Marrakesh since 15 April 2008. His family have not yet been officially informed of his arrest nor of his exact whereabouts.

On 5 January 2007, Ennaama Asfari was arrested in Smara and sentenced to two months' suspended sentence on 15 January 2007. Ennaama Asfari appealed this ruling but was unsuccessful and the sentence was confirmed on 21 May 2007.

I believe that the arrest and detention of Ennaama Asfari are in direct connection with his legitimate and peaceful human rights activities. I am concerned for the security and physical and psychological integrity of Ennaama Asfari while in detention.

I urge the Moroccan authorities to:

1. Immediately and unconditionally release Ennaama Asfari, as it is believed that he has been arrested and detained solely on the basis of his legitimate and peaceful activities in the defence of human rights;

2. Initiate an immediate, thorough and impartial investigation into the arrest, detention and ill-treatment of Ennaama Asfari, with a view to publishing the results and bringing those responsible to justice;

3. Guarantee that Ennaama Asfari is granted access to visits from his family and his lawyer and where necessary to medical treatment;

4. Ensure that the treatment of Ennaama Asfari, while in detention, adheres to all those conditions set out in the ‘Basic Principles for Treatment of Prisoners, adopted by General Assembly resolution 45/111 of 14 December 1990’;

5. Guarantee in all circumstances that human rights defenders and organisations in Morocco and the Western Sahara are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Yours sincerely,