UN body rules Raissouni’s arrest, detention arbitrary, demands his urgent release

The United nation’s Working Group on Arbitrary Detention ruled that the arrest and detention of Moroccan journalist Souleiman Raissouni is arbitrary on three counts, during its 93rd session held in April 2022.

The recently published opinion adopted by the body claims that, after studying arguments from both the Moroccan government and the source requesting the opinion, the journalist was subject to an unfair trial, marked by the absence of internationally recognized criteria for fair judgment.

The body is calling on the Moroccan government to release him immediately, and to “open an investigation, identify those responsible for his arbitrary detention, and compensate him for the damages resulting from the grave violations he was subjected to.”

“The Working Group requests the Moroccan government to take the necessary measures” to redeem the violations Raissouni was subjected to, said the advisory resolution, adding that “it is essential that Raissouni’s situation be immediately addressed, and have it meet applicable international standards, including those enshrined in the Universal Declaration of Human Rights.”

The UN body concluded that both Raissouni’s arrest and trial did not meet international standards, to which Morocco adheres by its ratification of relevant international treaties.

Among the arguments advanced to rule that the journalist’s arrest was arbitrary, is the absence of an arrest warrant at the time of detention, nor was he informed of the reasons behind his arrest.

The body additionally points to authorities’ disregard for his “special circumstances” relating to his health at the time, and his worsening ailments at the time of his detention.

“Raissouni was arrested without an arrest warrant, and without informing him of the reasons for his arrest, in violation of Article 9 of the Universal Declaration of Human Rights, and Article 9 of the International Treaty on Human Rights,” although the government stated that the arrest was the result of a police summons.

The source claims that “such a summons does not authorize the authorities to arrest the person concerned to bring him to appear as part of the preliminary investigation.”

“The detention of Raissouni in police custody extended beyond the period permitted by Articles 66, 67, and 80 of the Code of Criminal Procedure, which specifies the duration of police custody in 48 hours, with only permission to extend it for an additional 24 hours,” stressing that “the decision of the extension of pretrial detention is not justified, and Raissouni did not benefit from a hearing where he could have appealed that extension.”

“Moroccan authorities use false allegations of sexual assault as reprisals against journalists, which creates a feeling of fear,” says the opinion, adding that “opening an investigation against Raissouni in the absence of a complaint from the alleged victim, would constitute an extremely rare case in Morocco, and raise doubts about the good faith of the procedure.”

The team decided to refer Raissouni’s file to the Special Rapporteur on the Protection of the Right to Freedom of Expression and to the Special Rapporteur on the Independence of Judges and Lawyers.

Raissouni was detained back on May 22, 2020, for allegedly sexually assaulting a young male acquaintance, and has been detained ever since.

The journalist, who was the editor-in-chief of the Moroccan newspaper Akhbar Al Yaoum, has gone on multiple hunger strikes to protest the charges against, maintaining innocence against the charges attributed to him, which worsened his health and alarmed NGOs both in Morocco and abroad.