Morocco: Sentencing of human rights defender Ennaama Asfari and expulsion from Morocco of 4 international observers of his trial

Your Majesty,

I am deeply concerned following reports of the sentencing of human rights defender Ennaama Asfari to two months' imprisonment and a fine of 3,000 Dirhams on 28 April 2008. Ennaama Asfari is 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). I am also concerned in relation to the expulsion from Morocco of four international observers who were present at the trial of Ennaama Asfari on 21 April 2008.

On 28 April 2008, the Court of First Instance of Marrakesh sentenced Ennaama Asfari to two months' imprisonment and a fine of 3,000 Dirhams. Ennaama Asfari was sentenced on charges of violence against the authorities; being armed with a knife; and driving under the influence of alcohol. He maintains that he is innocent of all of the charges against him and is currently appealing the Court's decision. Ennaama Asfari is being detained at the Boulemharez Prison in Marrakesh.

Ennaama Asfari was arrested on 13 April 2008 in Marrakesh, accused of having been the culpable party in a car accident. He was taken to the police station on 14 April where he was reportedly subject to ill-treatment and torture before being brought before the court the following day. His family was not officially informed of his arrest, nor of his whereabouts while in detention.

International observers present at the trial of Ennaama Asfari on 21 April 2008 have noted several procedural irregularities, including the fact that the weapon that he was charged with carrying was never actually seized by the police and the alleged inebriation of Ennaama Asfari was not confirmed by a medical examination. Furthermore, the Court did not order an investigation into the reported ill-treatment and torture of Ennama Asfari. The trial was postponed until 28 April 2008 for reasons of contradictory testimonies.

On 20 April 2008, a group of international observers, composed of French human rights defenders Frédérique Lellouche, coordinator of the Maghreb mission of Action des Chrétiens Pour l’Abolition de la Torture - France (ACAT) (Christian Action for the Abolition of Torture), and Murielle Brun, Pierre-Alain Roussen and Claude Mangin, all of whom are members of the Association des amis de la République arabe sahraouie démocratique (Association of the Friends of the Arab Republic of Western Sahara), arrived in Morocco to evaluate the human rights situation of the region of Western Sahara and to develop relations between civil society groups and the Moroccan authorities.

On 21 April 2008, they observed the trial of Enaama Asfari in Marrakesh. On 24 April 2008, they were arrested by the police in Tan-Tan, in the south of Morocco. Following their arrest they were interrogated for thirteen hours in relation to their presence at the trial; the programme of their visit; and their relations with human rights defenders and non-governmental organisations in the region of Western Sahara.

On 25 April 2008, at approximately 1.00am, they were driven to Agadir airport where they were placed on board a flight to Paris. Before boarding, they were informed that the authorities had ordered their expulsion from Morocco on the grounds that they posed a risk to public order.

I believe that the arrest, detention, and the sentence imposed against Ennaama Asfari, as well as the expulsion of international observers of his trial, are directly related to their legitimate and peaceful activities in the defence of human rights. I am concerned for the security and physical and psychological integrity of Ennaama Asfari while in detention.

I urge the Irish Government to put pressure on the Moroccan authorities to:

1.Immediately and unconditionally release Ennaama Asfari, as I believe that he is being held solely as a result of his legitimate work in the defence of human rights;

2.Initiate an immediate, thorough and impartial investigation into the reports of ill-treatment and torture of Ennaama Asfari, with a view to publishing the results and bring those responsible to justice in accordance with international standards;

3.Ensure that Ennaama Asfari is granted access to regular visits from his family members and from his lawyers while in detention, as well as access to medical consultations and treatment where necessary;

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, as well as international trial observers, are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

Yours sincerely,