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28/01/2010 | 89 lecturas | Imprimir | Enviar a un Amigo

Court of Appeal in Laayoune (Non Autonomous Territories of Western Sahara) TUESDAY 26 / 01 / 2010 APPEAL TRIAL SENTENCE CONFIRMED

Upheld the decision to order five years in prison the young Sahrawi human rights defender CHEIK AMEIDAN in the appeal trial held at the headquarters of the Moroccan Court of Appeal in the occupied city of Laayoune on Tuesday 26/01/2010. The trial set for the day 26/01/2010 (Tuesday) at the Moroccan Court of Appeal in the occupied city of Laayoune on the young Sahrawi human rights defender CHEIK AMEIDAN, opened the session of the hearing at 09:50 morning.

Brief Summary

Background

The young Sahrawi human rights defender CHEIK AMEIDAN was convicted last month of December 2009 and sentenced to 5 years imprisonment by the Criminal Court in Laayoune to be guilty of:

• Attacking the “conveyor phosphate" in October 2006.

The defense consisted of Lawyers: Erguibi Med Elhabib, Mohamed Fadel Leyli and Bazid Lamad Boujalie.

Summary of the hearing:

At 09:00 am proceeded to constitute the Court of Appeals in the Moroccan judicial seat in the city of Laayoune, comprising five judges, chaired by Judge Marsha, on his right stood the King's Attorney (Prosecutor) and left the Secretary of the Court.

At 09:50 am, the trial began, when it was called the defendant, CHEIK AMEIDAN, guarded by two Moroccan police. The young Sahrawi activist entered the room chanting slogans in favor of self-determination of Western Sahara, Peace and cheers for the Polisario Front, joining to his slogans for freedom the Saharan women who were among the audience inside the Chamber.

The defendant was dressed in Western clothes, because since 6 months the police and prison Moroccan prohibited and pursued the use of traditional Saharawi clothes in prisons, preventing the defendants from attending trials wearing it.

PRESIDENT.- The President of the Court, after identifying the defendant, proceeded to carry out direct questioning of CHEIK AMEIDAN on the facts of which he was charged, which he flatly denied his involvement in the incident against him and reiterated that he was forced to sign a statement that he had read and not knowing the contents under torture. The defendant explained that some of the torture he was subjected by Moroccan police for five days straight was: "tie his hands and feet with a stick, keeping the body in a fetal position and suspended in the air, torture known as "chicken fried".

The Chief Justice, ignoring the arguments of the accused, repeatedly insisted on his self-incrimination by the signed declaration to the King's Attorney, and without the presence of police, or Clerk, or Attorneys, therefore, insisted the judge, the defendant was in a position to exercise his free will and expression.

In response, CHEIK AMEIDAN again replicate the Judge who signed the statement for fear of threats of King's Attorney, which he reiterated strongly that unless he signed the declaration would be handed back to the police to continue torturing, and so he never read the content the statement was coerced into signing.

CHARGE .- Then spoke the King's Attorney, who proceeded to tell his closing arguments the prosecution, asking for a sentence longer than the first trial, the seriousness of the facts, in his opinion, and clarified his request in six years imprisonment.

DEFENSE .- After intervened defense lawyers, who requested the acquittal of their client in the absence of evidence establishing the involvement of CHEIK AMEIDAN in fact, provide no material evidence by the prosecution, documentary, testimonial or no other means of evidence that support the accusation.

In their arguments, the defense said that since the date of the alleged events - October 2006 - until the arrest of their client, he had resided for more than two years in the Saharan city of Laayoune, was never called in any way by Moroccan police in relation to those facts. And in August 2009 after returning from a trip to Mauritania was suddenly arrested by police in the city of Laayoune accused of the acts for which he is charged today, and was admitted after being tortured in prison where he stayed until today.

Also reiterated that the only evidence adduced by the prosecution, conviction and that grounds are used today, is a signed statement to the King's Attorney without counsel, after being tortured and under threat of being tortured again expressed.

LAST WORD.- Finally the Chief Justice granted the last word to the defendant, who insisted on his nonparticipation in the acts of which he was accused, stating that his arrest and conviction was a retaliation and coercion that the Moroccan police had to him for his defense of the right of self determination for the Sahrawi People.

Attending members of Associations for the Defense of Saharawi Human Rights:

Mr. Brahim Sabbar, Secretary General of the Association of Victims of Grave Human Rights Violations-Saharan ASVDH.

Mr. Sbai Ahmed, President of the Saharawi Prisoners.

International Jurists attended as observers:

Ms. GEMMA ELENA ARBESÚ SANCHO (Attorney-General Council of Spanish Lawyers).
Mr. GUSTAVO ADOLFO GARCIA MARTEL (Attorney-General Council of Spanish Lawyers).

In Laayoune, Western Sahara, January 26, 2010

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