WEDNESDAY 23/09/2009: CRIMINAL PROCEEDING (first trial date) New date: 25/09/2009 (Friday) The trial scheduled for today Wednesday, 23 September 2009 by the Moroccan courts in the city of Laayoune, the Non-Autonomous Territory of Western Sahara, against Sahrawi human rights defenders: MOHAMED BEKAN, MAHSSA DKHIL, MOHAMED ABDELAHI JDEY has been suspended following the request of defense lawyers because they had no chance so far to access the proceedings brought against the accused. New trial date: Day 25/09 / 2009 (Friday)
Brief Summary of Hearing:
Background:
MOHAMED BEKAN, MAHSSA DKHIL, MOHAMED ABDELAHI JDEY, were arrested in the Saharan city of Laayoune in the early days of this September, and they were taken to central police station in Laayoune, installed by the Moroccan occupying forces, and past several days, leading to the known as the "Black Prison" in Laayoune.
During the initial period of detention (3 days) the detainees relatives and the rest of the Sahrawi people knew nothing of the whereabouts of them, and when they asked at the police station or in judicial dependences for them, they were told they did not know none of those young people and who were not in their custody.
The attempt of the relatives of interposing a denunciation for disappearance of the same ones at the Police and the Attorney of the King (District attorney's office) received an absolute rejection, not being admitted, and the denunciations were gathered, without argument nor any explanation on the part of the Moroccan administrations.
On the third day of his disappearance, the Sahrawi activists, MOHAMED BEKAN, MAHSSA DKHIL, MOHAMED ABDELAHI JDEY,were led by Moroccan police before the Magistrate's Court and the Procurator of the King, to give testimony, and depriving them of their lawyers , and they immediately were taken to the "Black Prison".
Relatives and lawyers were aware of the whereabouts of young people in other families of prisoners when they found them in jail. The trial date was known to the defense the past day 20, and still in the trial session had not been able to access procedures, or to interview the accused.
Acts imputed to MOHAMED BEKAN, MAHSSA DKHIL, MOHAMED ABDELAHI JDEY
"It seems" (will be verified in the act of hearing, and that dark with the instructions that are made now do not reveal any official data) that the complaint is made by the Procurator of the King and Moroccan police, these human rights defenders is:
-. Participation in demonstrations, carrying guns.
-. Assault on public officials (police Moroccan)
-. Illegal occupation of public roads in the city of Laayoune.
-. Carry hazardous materials (not specified what it is)
The facts cited by Moroccan law, these courts apply the Saharawi civil population dependent Territory of Western Sahara (which Morocco has no competition and is an "unlawful occupying power" as stated by United Nations), were considered five months ago as "Crimes" and therefore the corresponding penalty was higher (more than 20 years' imprisonment, and others ...) and "this time" are considered as crimes prosecution for the Court of First Instance, the Court of Appeal and in the course of a crime, the penalty may not exceed two years' imprisonment.
Oral Session.
• The time set for the start of the trial was ten in the morning, starting it at 11:35 hours.
• When establishing the Tribunal, the Chairman from aggressively addressed the International Observer Lawyers for forcing them to change places, ordering them to sit on the side of women (the men sit to the left of the Tribunal and the Women see right). In answer to the site of the Observer and was the second public row behind the defense, and that the side was considered irrelevant by the First President of the Court, since the translator should perform the translation during the trial, very angry, the President replied that he said "it is forbidden to translate in the trial, ordering the police leading to the lawyers' bench for the women," disregarding any other circumstances and / or valuation. Following the hearing, to be received by the deputy First President of the Court, who was absent, and exposed what had happened, he already knew, immediately proceeded to apologize saying that you judge was new, and offering to solve similar situations in the future, and also providing the components of the Tribunal to resolve any questions that the International Jurists noted tuviesen about what happened. Repeatedly reiterate his apology, and requested that the Council and the General trasladásemos the Bar (CGAE), not from the fact of being a "story".
• Afterward, the three defendants were led into the room by several officers of the Court, and also guarded by police components of the "Moroccan allegedly broken body of GUS (Rapid Intervention Groups).
• Absolute Silence. Unlike previous occasions, Sahrawi youth entered the room wearing Western clothes (not traditional Sahrawi dress) in absolute silence (not chant any slogan) and with arms raised one of them, MOHAMED Bekan, represented with hands and fingers, the symbol of victory. Prisoners were visible bruises on their faces and forearms.
• The Chief Justice proceeded with the interrogation of identity of the accused, under constant police surveillance that would not allow young people bend your knees or moviesen, forcing them to "pushes and blows" to remain strictly strong arms back, before the Court and without moving your head anywhere else other than to the President or the Attorney of the King.
• Defense Counsel, which has no location within the courtroom but in the first row of the audience took the floor (the President of the Tribunal is not granted) to urge the suspension of the trial because so far not had access to records and had not been able to have a meeting with their clients, (many less reserved). The Court granted the suspension, ordering the police to evict the accused.
• When they were pushed by police, MOHAMED Bekan, remained motionless, and contact the Court stated: "... That during the transfer from the" Black Prison "the Court had been violently beaten and abused, and insulted by police officers who guarded them, and also during his stay in prison and were tortured at the police station, and forced to sign documents .... That was a political persecution against them by claiming the right to self determination of the Sahara, and the right to peace, ... they were persecuted and tortured because they Saharan ... " The Chief Justice interrupted him to shut up and telling activist shouting that he did in writing, the latter said he heard complaints that not him or his family. And the judge ordered to be quiet and ordered police to remove him from the Chamber. The defendant was pushed between strokes to leave the room, and did so in absolute silence and again with his arms raised to symbolize the victory sign.
• Del Rey Attorney (Prosecutor) was silent the whole time, literally staring at the ceiling. New signage: 25/09/2009 (Friday) Specific outstanding assistance will observe / as the new signal.
International Jurists attended as observers: Ms. Dolores Travieso Darias (Lawyer - CGAE) Ms. Inés Miranda Navarro (Lawyer - CGAE)
B. - Criminal Court of First Instance in Smara (Western Sahara-Territories) WEDNESDAY 23/09/2009:
At 11:00 am began the trial of Sahrawi activists of human rights defenders and Boubaker DADI hmada Aliya.
Brief Summary Background:
DADI Boubaker hmada and Aliyah were accused of the same facts as prisoners of Laayoune, but events developed in the Saharan town of Smara:
-. Participation in demonstrations, carrying guns.
-. Assault on public officials (police Moroccan)
-. Illegal occupation of public roads in the city of Laayoune.
-. Carry hazardous materials (not specified what it is)
The defense consisted of Lawyers: Med Erguibi Leyli Elhabib and Mohamed Fadel.
Ø The trial, with the entry of the two accused in absolute silence, the Chief Justice to the identification of the accused, and their defenses. President continued with the interrogation of suspects, accomplishing the work adversarial and inquisitorial form asking the defendants for their participation in the events. The defendants, Boubaker DADI hmada and Aliyah, denied all allegations that the judge made them, and stated: "That they were tortured at the police station and Smara in Prison, they were forced to sign" some papers "whose contents unknown. (...) That the only certainty was that they participated in peaceful demonstrations and gatherings on the streets of the city of Samara, claiming the Right to Peace and the Right to Self-determination for the Sahrawi People and joined the peaceful demonstrations that were developing equally in other Saharawi cities of Western Sahara. (...) Who are detained for a political issue, that Morocco wants to end all Saharans. In his speech, King's attorney did not provide any means of proof, insisting only on the strength of the police reports that are absolute credibility, and always contains the reality of what happened, asking for a conviction and examples for the defendants. For his art defense rejected the evidence was proposed, and its appeal affected the absolute innocence of the Sahrawi activists for crimes that would have condemned them, and explained that this was a remote issue of Criminal Law DADI young people and Boubaker hmada Aliyah, like many others in the Sahara, were being persecuted for political reasons, for demanding live in Peace and Self-determination claim of the Sahara, a right that UN has proclaimed for the town in two resolutions, and whose proceedings are in the Western Sahara Peace Mission Peace of the UN, "UN Mission for the Referendum in Western Sahara - MINURSO. , And peaceful actions certainly are not deserving any criminal accusation, so it was giving the defenders of peace as if they were authors of "ordinary crimes" (...)
The decision: Conviction. It has sentenced two human rights defenders and Boubaker DADI hmada Aliyah, as perpetrators of the crimes imputed to them three months' deprivation of liberty and fines of $ 500 DIRHANS. The defense has announced that it will appeal the ruling.