| Morocco : Integrity Scorecard Report > Sub-Category: Rule of Law | ||
| Indicators | Score | |
| 77 | Is there an appeals mechanism for challenging criminal judgments? | 58 |
| 78 | Do judgments in the criminal system follow written law? | 25 |
| 79 | Are judicial decisions enforced by the state? | 25 |
| 80 | Is the judiciary able to act independently? | 38 |
| 81 | Are judges safe when adjudicating corruption cases? | 100 |
| 82 | Do citizens have equal access to the justice system? | 54 |
Indicator and sub-Indicator Details
| 77 | Is there an appeals mechanism for challenging criminal judgments? | |||||||
| 77a: In law, there is a general right of appeal. | ||||||||
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Comments: The procedures allow for appeal of both civil and criminal cases. Morocco has Courts of Appeal and a Supreme Court, Administrative Courts of Appeal, and Trade Courts of Appeal. All judgments, orders and final judgments may be subject to appeal. In accordance with the Code of Civil Procedure that requires that the process is rapid, is free to the defendent and allows for legal aid. References: Dahir Act No. 1-74-447 (11 Ramadan 1394) approving the text of the Code of Civil Procedure (BO September 30 1974). Dahir No. 1-97-65 of 4 chaoual 1417 (12 February 1997) promulgating the Law No. 53-95 establishing courts of Commerce Dahir No. 1-91-225 of 22 Rebia I 1414 (10 September 1993) promulgating the Law No. 41-90 establishing administrative courts. Report on the description of the judicial system: Morocco [ LINK ]
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| 77b: In practice, appeals are resolved within a reasonable time period. | ||||||||
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Comments: Generally, it takes a long time. Several studies have led to criticism of the administration of justice. The number of judges for a population of more than 30 million is too small. There are only 3,124 judges for the population. References: Diwan Al Madhalim pin justice. Interview with the Wali of Madhalim (Ombudsman) in "Aujourd'hui le Maroc" of 14-11-2006 Local authorities and sectors of Education, Justice and Finance are at the top of the administrations concerned by these complaints. World Bank: The evaluation of legal and judicial system in Morocco.
Peer Review Comments: The last report, the 2007 "white book" of the Enterprise Confederation of Morocco, criticized the cumbersome procedures, lack of transparency and its impact on investment. It's the same conclusion of the last evaluation report in 2008 of the neighborhood policy of the European Union. The royal speech of July 2008 talks about a charter for justice, but it is slow to emerge.
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| 77c: In practice, citizens can use the appeals mechanism at a reasonable cost. | ||||||||
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Comments: Access to justice depends of many factors. The most obvious is the physical proximity of the court. The number of courts for a population of over 30 million is too small. There are 66 courts of first instance, eight commercial courts and seven administrative tribunals. References: Ministry of Justice statistic report see website ADALA Association: independence of the judiciary in Morocco, in the light of international standards and experience in the Mediterranean. Proceedings of the international conference. Printing Annajah Casablanca in 2006. Briefing by Mr. Omar Azziman, Minister of Justice at the conference organized by the World Bank on "the legal and judicial framework for an integrated society more just and equitable 21st Century Washington, from June 5 to 7, 2000
Peer Review Comments: The standard of living and the financial difficulties facing many households discourage litigants. The cost of procedures becomes an obstacle to the implementation of the right of access to justice.
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| 78 | Do judgments in the criminal system follow written law? | |||||||
| 78: In practice, do judgments in the criminal system follow written law? | ||||||||
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Comments: Political interference was very noticeable in 2008, particularly with regard to human rights defendants, lawyers and journalists. References: Lawyers solidarity with Wahbi against the widadya Al Massaër No. 548 of 23.06.2008 ADALA Association: independence of the judiciary in Morocco, in the light of international standards and experience in the Mediterranean. Proceedings of the international conference. Printing Annajah Casablanca in 2006. The judiciary was not independent in the trial of Rachdi. Youness Moujahid interview with Secretary General of the Syndicat National de la Presse Marocaine In Al Massaër No. 580 of 30.07.2008 Briefing by Mr. Omar Azziman, Minister of Justice at the conference organized by the World Bank on "the legal and judicial framework for an integrated society more just and equitable 21st Century Washington, from June 5 to 7, 2000 Abderrahmane Benameur: Independence of Justice. Organization-ACRLI Introduction paper / Organization of the Judiciary body for Morocco
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| 79 | Are judicial decisions enforced by the state? | |||||||
| 79: In practice, are judicial decisions enforced by the state? | ||||||||
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Comments: Political interference was very noticeable during 2008 particularly with regard to human rights defendants, lawyers and journalists. References: Lawyers solidarity with Mr.Wahbi against the widadya Al Massaër No. 548 of 23.06.2008 ADALA Association: independence of the judiciary in Morocco, in the light of international standards and experience in the Mediterranean. Proceedings of the international conference. Printing Annajah Casablanca in 2006. The judiciary was not independent in the trial of Rachdi. Youness Moujahid interview with Secretary General of the Syndicat National de la Presse Marocaine In Al Massaër No. 580 of 30.07.2008 Briefing by Mr. Omar Azziman, Minister of Justice at the conference organized by the World Bank on "the legal and judicial framework for an integrated society more just and equitable 21st Century Washington, from June 5 to 7, 2000 Abderrahmane Benameur: Independence of Justice. Organization-ACRLI Introduction paper / Organization of the Judiciary body for Morocco
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| 80 | Is the judiciary able to act independently? | |||||||
| 80a: In law, the independence of the judiciary is guaranteed. | ||||||||
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Comments: There are a lot of reports indicating the judiciary is not independent. References: ADALA Association: independence of the judiciary in Morocco, in the light of international standards and experience in the Mediterranean. Proceedings of the international conference. Printing Annajah Casablanca in 2006. The judiciary was not independent in the trial of Rachdi. Youness Moujahid interview with Secretary General of the Syndicat National de la Presse Marocaine In Al Massaër No. 580 of 30.07.2008 Briefing by Mr. Omar Azziman, Minister of Justice at the conference organized by the World Bank on "the legal and judicial framework for an integrated society more just and equitable 21st Century Washington, from June 5 to 7, 2000 Abderrahmane Benameur: Independence of Justice. Organization-ACRLI Introduction paper / Organization of the Judiciary body for Morocco
Peer Review Comments: The king chairs the Higher Council of Magistracy. The vice president is the Minister of Justice. In addition, judges are appointed on behalf of the king. Even sanction procedures and progress are reviewed.
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| 80b: In practice, national-level judges are protected from political interference. | ||||||||
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Comments: National level judges are commonly influenced by politics. This may include conflicting family relationships, professional partnerships, or other personal loyalties. Negative incentives may include demotion, pay cuts, relocation, threats or harassment. References: Pity for the Judges: T. In Al Bouachrine Massae No. 556 of 02.07.2008 Reform of Justice is not related to people regardless of their integrity. In Benameur Abderrahmane Al Massaër No. 601 of 24.08.2008
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| 80c: In law, there is a transparent and objective system for distributing cases to national-level judges. | ||||||||
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Comments: References: [ LINK ]
Peer Review Comments: Some sensitive trials, especially the political ones, are almost always managed by the same judges.
Peer Review Comments: The king chairs the Higher Council of Magistracy. The vice president is the Minister of Justice. In addition, judges are appointed on behalf of the king. Even sanction procedures and progress are reviewed. For journalists, it is very hard to have information about this process. This was the case during the last session in September.
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| 80d: In law, national-level judges are protected from removal without relevant justification. | ||||||||
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Comments: There are specific, formal rules for the removal of a judge. Removal must be related to abuse of power or other offenses related to job performance. References: Dahir of 11 November 1974 law 1-74-467 of 26 chaoual 1394 (11 November 1974) forming status of the judiciary, consolidated version containing changes made by Law No. 5-98, No. 35-01 and Law No. 17-06
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| 81 | Are judges safe when adjudicating corruption cases? | |||||||
| 81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases. | ||||||||
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Comments: There were no documented cases in either press or official reports of cases of judges being assaulted during the study period. References: There were no documented cases in either press or official reports.
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| 81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases. | ||||||||
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Comments: There were no documented cases in either press or official reports of judges being killed related to their involvement in a corruption case during the study period. References: There were no documented cases in either press or official reports.
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| 82 | Do citizens have equal access to the justice system? | |||||||
| 82a: In practice, judicial decisions are not affected by racial or ethnic bias. | ||||||||
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Comments: Judicial decisions are not affected by racial or ethnic bias. Racism does not exist in Morocco. There are discriminatory practices, but they never reach the level of racism. In justice it is impossible to find racial or ethnic practices. References: Dahir of 11 November 1974 law 1-74-467 of 26 chaoual 1394 (11 November 1974) forming status of the judiciary [consolidated version containing changes made by Law No. 5-98, No. 35-01 and Law No. 17-06] Annual Report of AMDH (Moroccan Association of Human Rights) Annual Report of CMDH (Moroccan Centre of Human Rights) Annual Report of FIDH (International Federation of Human Rights) Annual Report of OMDH (Moroccan Organisation of Human Rights)
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| 82b: In practice, women have full access to the judicial system. | ||||||||
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Comments: According to several participants in a survey, most people believe women have a difficult time finding justice and that the system is full of bias. Moroccan society supportsvulnerable women by assisting them with access to justice. Access to justice requires a sound judicial environment, where there is no favoritism or corruption and where access to justice is guaranteed for all citizens.
References: The status of women in Morocco: opinion surveys. By Laila Warrach on Tuesday May 22 2007, 19:39 - Permalink [ LINK ]
Peer Review Comments: There are efforts, even if they remain insufficient as the creation of a special unit dedicated to spousal abuse cases in the court of first instance of Casablanca in October.
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| 82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it. | ||||||||
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Comments: The government is required by law to provide impoverished defendants with legal counsel to defend themselves against criminal charges. Only those with citizenship can access this right. That is why Moroccan society supports vulnerable groups and assists them with access to justice. References: Décret Royal No. 851-65 du 07 Rajab 1386 (22 octobre 1966) unifiant et réglementant les perceptions et frais de justice en matière civile, commerciale et administrative devant les cours dappel et tribunaux du royaume. In BO No. 2818 du 02-11-1966 Dahir Act No. 1-74-447 (11 Ramadan 1394) approving the text of the Code of Civil Procedure (BO September 30 1974). Dahir No. 1-97-65 of 4 chaoual 1417 (12 February 1997) promulgating the Law No. 53-95 establishing courts of Commerce Dahir No. 1-91-225 of 22 Rebia I 1414 (10 September 1993) promulgating the Law No. 41-90 establishing administrative courts. Dahir of 11 November 1974 law 1-74-467 of 26 chaoual 1394 (11 November 1974) forming status of the judiciary [consolidated version containing changes made by Law No. 5-98, No. 35-01 and Law No. 17-06]
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| 82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it. | ||||||||
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Comments: State-provided legal aid is available, but flawed. Legal aid may be unavailable to some impoverished defendants. Public defenders may be sometimes unable or unwilling to competently represent all defendants. Legal aid is governed by an older text from 1996. And a lawyer said, "It is no longer an acceptable practice in law that that allows for lawyers to practice without being paid. We ask that the lawyer is paid for legal assistance, like doctors or other experts." In these circumstances, the assistance rendered weak because of poor quality, repeated absences of the lawyer or his withdrawal from the trial, widely recognized despite occasional threats of judges. The World Bank has found that legal aid is not acceptable in Morocco. References: Décret Royal No. 851-65 du 07 Rajab 1386 (22 octobre 1966) unifiant et réglementant les perceptions et frais de justice en matière civile, commerciale et administrative devant les cours dappel et tribunaux du royaume. In BO n° 2818 du 02-11-1966 Abdelhamid AKHRIF Guide du consommateur marocaine. Centre de Droit des Obligations et Contrats (SDOC) [ LINK ] index_files/Page784.htm L'assistance judiciaire ne sera plus gratuite. Interview de M. A TABIH In Aujourd'hui le Maroc du 5/6/2007. [ LINK ] Retrait des avocats désignés dans le cadre de l'assistance judiciaire du Procès des détournement au Palais Royal d'Agadir In Acharq Al Awsat No. 9819 du 16.10.2005 World Bank [ LINK ]
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| 82e: In practice, citizens earning the median yearly income can afford to bring a legal suit. | ||||||||
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Comments: In some cases, the legal system is an affordable option to middle class citizens seeking to redress a grievance. In other cases, the cost is prohibitive. Attorney fees are a significant consideration when a person considers filing a case. References: Décret Royal No. 851-65 du 07 Rajab 1386 (22 octobre 1966) unifiant et réglementant les perceptions et frais de justice en matière civile, commerciale et administrative devant les cours dappel et tribunaux du royaume. In BO No. 2818 du 02-11-1966 Abdelhamid AKHRIF Guide du consommateur marocaine. Centre de Droit des Obligations et Contrats (SDOC) [ LINK ] index_files/Page784.htm L'assistance judiciaire ne sera plus gratuite. Interview de M. A TABIH In Aujourd'hui le Maroc du 5/6/2007. [ LINK ] Retrait des avocats désignés dans le cadre de l'assistance judiciaire du Procès des détournement au Palais Royal d'Agadir In Acharq Al Awsat No. 9819 du 16.10.2005 World Bank [ LINK ] Resources/MarocEvaluationFINAL.pdf Le processus de réforme et de mise à niveau de la justice et les réformes dédiées à assurer le règne de la loi. A. GHAZALI In le rapport des Droits humains du cinquantenaire.
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| 82f: In practice, a typical small retail business can afford to bring a legal suit. | ||||||||
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Comments: Doing Business in Morocco findings: "The cost breaks down in court costs, fees and performance fees. Access to justice is the cheapest at Oriental, but it still costs the excessive amount of 21.25 percent of the value of the debt to enforce a contract. The same procedure will cost even more for an expensive contractor in Tangier, or 23.84 percent of the debt. In Casablanca, entrepreneurs bear the highest cost, paying more than a quarter of the amount demanded." The trial of "Tel Quel" Newspaper against former Foreign Affairs Minister Mohamed Benaissa had lasted more than a year and had had an appeal over a dozen hearings. The final ruling was 500,000 Dirhams (US$60,000) plus about 300,000 Dirhams (US$36,000) in legal costs. The following is an excerpt from the chapter Morocco in the last survey of Doing Business, "Enforcing Contracts (2005)": The ease or difficulty of enforcing a commercial contract in Morocco is measured by the number of cases or complaints filed in court until a final settlement and the duration and cost of proceedings court costs and lawyers) as a percentage of the value of the claim. In Morocco, this cost is 17.7 percent compared with a regional average of 17.7 percent and OECD average of 10.6 percent.
References: Parodie de justice. Affaire TelQuel Tel Quel No. 189 [ LINK ] The business environment in Morocco: Doing Business Indicators 2006 Décret Royal No. 851-65 du 07 Rajab 1386 (22 octobre 1966) unifiant et réglementant les perceptions et frais de justice en matière civile, commerciale et administrative devant les cours dappel et tribunaux du royaume. In BO No. 2818 du 02-11-1966 Abdelhamid AKHRIF Guide du consommateur marocaine. Centre de Droit des Obligations et Contrats (SDOC) [ LINK ] index_files/Page784.htm L'assistance judiciaire ne sera plus gratuite. Interview de M. A TABIH In Aujourd'hui le Maroc du 5/6/2007. [ LINK ] Retrait des avocats désignés dans le cadre de l'assistance judiciaire du Procès des détournement au Palais Royal d'Agadir In Acharq Al Awsat No. 9819 du 16.10.2005 World Bank [ LINK ] Resources/MarocEvaluationFINAL.pdf Le processus de réforme et de mise à niveau de la justice et les réformes dédiées à assurer le règne de la loi. A. GHAZALI In le rapport des Droits humains du cinquantenaire.
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| 82g: In practice, all citizens have access to a court of law, regardless of geographic location. | ||||||||
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Comments: The judicial map is changing very slowly compared to the population (67 courts of first instance, 21 courts of appeal and 1 Supreme Court in 1997 against 68, 21 and 1 in 2003). Meanwhile the population has increased by 2.01 percent each year. In addition, the regional distribution of justice staff is largely unfair and favors large cities including the Casablanca-Kenitra area. References: Ministry of Justice
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