Western Sahara Foundation: Report THREE YEARS AFTER GDEIM IZIK’S JUDGMENT

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PUSL.-The Western Sahara Foundation monitored the GDEIM IZIK process that was followed in the Kingdom of Morocco, against twenty-five Saharawi prisoners of conscience, which lasted from February 1, 2013 to July 19, 2017, the names are :

Abdulahi Lakfawni (Lakhfaouni Abdalahi), Abdullahi Toubali (Etawbali Abdalahi), Ahmed Sbai, Brahim Ismaili, Cheikh Banga, Deich Eddaf, El Bachir Khadda, El Houssin Ezzaoui (El Houcein Azaoui), Enaama Asfari, Hassan Aalia Hassan, Dah Laaroussi, Abdeljalil Lbakai, Laarabi, Machdoufi Ettaki (Ettaki Elmachdoufi), Mohamed Ayoubi, Mohamed Bani, Mohamed Bouryal, Mohamed El Bachir Boutinguiza, Mohamed Khouna Babait, Mohamed Lamin Haddi Mohamed, Mbarek Lefkir Mohamed Tahli, Sidi Abdallah Abbahah, Sidi Adderahman Zeyou y Sidi Ahmed Lemjiyed

The Foundation sent observers to ALL the sessions that were held; in total, 70 observers from nine nationalities were accredited, who followed the process methodically and selflessly, under the principles of international legality and independence, to obtain a follow-up and monitoring of this process, which has been qualified by all independent reports made as NULL AND ILLEGAL and that the kingdom of Morocco acted against Sahrawi human rights defenders, in one of the most shameful processes in modern history and, quite possibly, the longest and most regrettable violation of international law ever followed against civilians.

Today, July 19, marks three sad years of the lacerating and shameful sentence handed down by the Moroccan court, created “Ad hoc” for the repression of the defendants, and of the Saharawi people. The lack of decency of the occupying country, at the margin of all legality, serving the political interests of a state, covered the repression of a legal theater show, protected by international inactivity and with the collusion of countries such as Spain, France and the USA, and with the refusal to intervene of the EU, UN, and its mission – MINURSO, have patented and sculpted an absurd, painful and illegal page in history that is perpetuated on its third anniversary.

We recall that this Foundation has carried out an extensive and detailed REPORT, in which its International observers reel in the facts and the process in light of international law, denounced this theatrical process and made available to international organizations and actors in this process, a legal report that, today, three years after their sentence, we must recall, since each and every one of the conclusions set forth in it are still in force today, and that is that the law that was applied to them, by the part of the Occupying State, made it a NULL and VOID PROCESS, thus this report concluded in 12 summarized points, that:

1º.- The applicable legislation was violated in the judicial headquarters and in dependencies and institutions, making the process VOID.

2nd.- That the courts were EXTRATERRITORIAL TRIBUNALS, since they operate with respect to events produced outside the territory of the Kingdom of Morocco.

3ª.- The courts that acted, were and are incompetent, as they are courts of EXCEPTION.

4th.- That the sexual violations, torture and treatment suffered by detainees and prisoners (accredited by independent forensic reports) have contaminated the process, also depriving the prisoners of their right to a fair trial.

5th.- Illegal situation of preventive detention for years.

6th.- There was no evidence that backed up the charges against, nor was it demonstrated in the long process, the absence of evidence of the identity and circumstances of the deceased victims, the absence of forensic autopsies; nonexistence of fingerprinting and analysis of bladed weapons and, not having any incriminating evidence, presenting alleged evidence, TOTALLY DISCONNECTED FROM THE ACCUSED.

7th.- Absence of guarantees of due legal process and a correct administration of justice, makes it a process of POLITICAL JUDGMENT and the prisoners must be classified as PRISONERS OF CONSCIENCE.

8th.- Numerous and procedural errors in the procedure were proven and denounced, demonstrating the nullity of the process, from its beginning.

9th.- In said process, the violation of the rights to freedom of expression, conscience, assembly and association were denounced.

10.- The arrest, torture and condemnation, as well as the detention in prison of the Saharawi protesters, respond to the determined and systematic policy of repression of the political activists that the Kingdom of Morocco maintains in the territory of Western Sahara.

11th.- The state of terror, installed by Morocco in the territory pending decolonization, violates, in addition to the Moroccan criminal law that is illegally applied to them, the conventions of Racial Discrimination, Genocide and Torture ratified by Morocco.

12th.- The necessary conditions for the celebration of a fair, impartial, equable and independent process did not exist in the process.

Today, the Kingdom of Morocco continues to hold 19 of them in prison and, as has been repeatedly denounced by their legal defenses, as well as by international organizations, these prisoners are suffering in Moroccan prisons, inhuman and degrading treatment , as well as torture, these occur in all cases and with respect to these prisoners.

The process is still ongoing, and the Moroccan Supreme Court must review the appeal filed by the defense, to conclude if this process has complied with the law. The Moroccan undue delays continue to occur three years later, as the state refuses to legally resolve the request for the nullity of this process, and therefore, “per se”, these delays invalidate the process, and the Moroccan state uses the process delays, to keep Saharawi prisoners of conscience in unconditional imprisonment.

The Foundation, which continues to monitor and defend international legality, in this GDEIM IZIK process, denounces the situation experienced by the prisoners, their families, and considers that the immediate release of theses prisoners on trial and the nullity of the process are mandatory , under the principle of legality, because the state is exercising power outside the protection of legality. Since this process has nothing to do with international and internal legality, as well as the legal commitments signed and ratified by Morocco.

This Foundation calls on international organizations to demand that Morocco end this process, of violation of human rights, against the prisoners of Gdeim Izik, which lasts almost 10 years since the arrests of the defenders of Sahrawi human rights.