Tensions between lawyers and the Ministry of Justice persisted on Thursday over the necessity of issuing a vaccination permit prior to entering courts.
Lawyers, despite many being vaccinated, say they would not join their place of work under the obligation to show their vaccine passes.
Said Chtatou, a lawyer at the Rabat bar, told Hespress EN that “we, protesters, are not against vaccination, but rather the way this mandate fragments the principle of Justice.”
According to Chtatou, requiring vaccination passes from citizens who wish to defend their legitimate legal rights in court, as well as imposing the mandate on their legal representatives, contradicts the right to access justice as guaranteed under Morocco’s constitution.
Another reason behind the protests is “a serious conflict of competence and jurisdiction.” Chtatou told Hespress EN that “the body that issued the mandate has a purely judicial and administrative power,” whereas such a decision should emanate from the executive, in this case, the Ministry of Justice itself.
The competence concern makes the lawyers’ protest a call for the respect of the fundamental principle of separation of powers.
In addition to the competence of the ruling body, the competence of those who monitor the vaccines is also an issue to the protesters, “as civilian court security personnel was now in charge of monitoring the vaccine pass of those wishing to enter the courts, which they are not competent to do” considering the highly personal and private character of the vaccine pass.
Chtatou also pointed to the discrimination the mandate instaures, saying “the vaccine was never mandatory, the government gave people the choice, and now by requiring a vaccine pass at the entrance of courts, those who have chosen not to get vaccinated are refused their constitutional right of access to justice.”
The protests, which have been ongoing since Monday, have caused a halt in Moroccan court proceedings. Many cases are being delayed and postponed, while those held on provisional arrests will see their process prolonged.
Yasmina Berrada, a housewife who is undergoing a divorce procedure with her husband, is “incapable of returning home,” fearing for her life, as the procedure takes longer.
She told Hespress EN that “I was meant to have my last session in court this Tuesday, but I was denied at the door because I’m not vaccinated.” Yasmina has been living with relatives while her divorce is finalized, as she says she “can’t go back to the house she owns until the divorce is official.”
Yasmina is one of many citizens who have been adversely affected by Moroccan courts’ unprecedented halt.
In an attempt to counter the effects of the protests, the Casablanca bar association has recently come to an agreement with the courts’ council, making association officials in charge of vaccine pass monitoring.
Despite the small local step, lawyers are planning to continue their protests until the mandate is retracted.
Our sources informed us of a national strike this Friday, December 24, in Casablanca, which is expected to draw lawyers from all over Morocco.
Imposing the vaccine pass on lawyers is a form of dictatorship. I salute the lawyers of Morocco for their stance against such undemocratic practices.