Me Omar Bendjelloun: Corruption and illicit enrichment are subjects of a judicial, political and economic order to be placed at the top of the priorities

Anti-Covid restrictive measures, individual freedoms, reform of the Code of Criminal Procedure … Me Omar Bendjelloun, lawyer, member of the office of the Moroccan Bar Association (ABAM) and member of the council of the Bar Association of Rabat, presents the issues and challenges in terms of rights in the current national context. Guest of the Info en Face, the lawyer, member of the council of the Rabat Bar Association, Me Omar Bendjelloun, was arrested, news oblige, on the toughening of anti-Covid restriction measures in Morocco. In this regard, this jurist declared that “the role of any government is to reconcile between the various constraints in order to be able to take the legitimate and legal decisions so that there can be a civil peace and not decisions which are contested by the ‘public opinion”. And remember that there is no convention in international law that governs the issue of compulsory vaccination. For the guest of L’Info en Face, “government decisions in the name of the health situation infringe the right to demonstrate. There are also questions of the movement of citizens, who can only access administrations and other public spaces by presenting a health pass. All this requires a legality debate, from a constitutional point of view ”. In addition, the lawyer observed that “given that this question knows, somewhere, infringements of the law, in particular with regard to the constitutional reference, there is material so that the citizens can seize the courts having the quality to annul this type of decision ”. This of course pending the outcome of the organic law on the exception of unconstitutionality, which has not yet seen the light of day and which will allow citizens to raise this principle and seize the Constitutional Court. The member of the office of the Moroccan Bar Association indicated, moreover, that the criminal justice is now facing the problem of guaranteeing a fair trial for defendants in detention who do not have the possibility of travel to courts in certain regions. “In Rabat, we were able to obtain the return of the movement of the accused to the courts, but in other regions, the trials continue to be held at a distance, something which is absolutely not normal. Today, the issue of a fair trial is faced with the epidemic situation, ”he said, adding that ABAM is now leading discussions to unite and harmonize the functioning of the criminal trial. Regarding the reform of the Code of Criminal Procedure, the guest of L’Info en Face assured that this is good news, because “the Code of Criminal Procedure constitutes the concrete and material translation of the rights to the defense. and the functioning of justice, the protection of public freedoms and the judicial organization in terms of dialogue between the prosecution, the defense and the judiciary to present judgments that meet an advanced degree of fairness and equality of citizens”. And to note that the withdrawal of the bill by the government has the virtue of opening a dialogue with the various components of justice. According to Me Omar Bendjelloun, this reform will ensure a fair trial and restore citizens’ confidence in a political system. “Today, the determination of the current minister is there, but political contingencies may have another opinion. As lawyers, we will remain extremely vigilant so that the defense guarantees a fair trial ”, underlined the magistrate. Regarding individual freedoms, the guest of L’Info en Face clarified that this question should not be treated through the ideological prism. “The subject of individual freedoms must be submitted to reflection on what is called the economy of law, that is to say that the fact of decriminalizing offenses which are light such as relationships outside marriage will allow a reduction and a better functioning of justice, because this will make fewer files for the prosecutors, the judicial police and the magistrates of the seat, who will have more time to treat more serious crimes ”, he noted. Finally, Me Omar Bendjelloun recalled that Moroccans must know the priorities of penal policy, as is the case for economic policy. “Files such as corruption and illicit enrichment constitute subjects of a judicial, political and economic nature that should be placed at the top of the priorities”, he concluded.