SAT 23 - 11 - 2024
 
Date: Apr 30, 2011
Author: AbdelAziz Karraky
Source: Zawaya Magharebia
Strengthening the judiciary: a must for democracy

Any humane person would get emotional if someone is imprisoned because of their political views, and when someone is released after being acquitted of political charges.

Through the Equity and Reconciliation Commission, Morocco studied the phenomenon of political detention in the country from its independence to 1999, and many abuses were detected; then people believed that such things would never happen again.

 

However, May 16 events of and the ensuing panic led to the introduction of an emergency legislation to combat terrorism, under which many freedoms were lost and several rights were violated, including the right to fair trial. Consequently, the process of transitional justice did not prevent painful history from repeating itself; so people became suspicious, and it was hard to convince them and justify what happened.

 

Then the February 20 Movement emerged to demand political and human rights reforms, including the release of all political prisoners. This accelerated the pace of reforms to include, in a very short time span, launching an institutional reform that covers a number of human rights institutions, starting constitutional workshops, and releasing the first group of political prisoners of many others to come.

It’s a known fact that there are institutional problems if democracy fails to manage existing conflicts within society, and if the law is unable to ensure equality and protect freedoms and rights.

The issue becomes truly provoking when the Audit Court proves some people to be guilty of squandering public funds needed for development, and they remain free; while others get long prison sentences because of charges that are hardly believed to be criminal.

 

No one can deny the importance of releasing political prisoners, but what’s even more important is to develop mechanisms that prevent imprisonment for exercising one’s rights and freedoms, or because of one’s political views. This can only be achieved by rehabilitating the judiciary system, and granting it all the powers that enable it to become a real authority whose primary concern is the protection of rights and freedoms. To do that, we need a State of law founded on the following pillars:

 

• Resorting to the Constitution as a reference that regulates institutional work and guarantees the priority of rights and freedoms;

• Making sure all State bodies help individuals fully enjoy and exercise their rights and freedoms.

• Having the elected majority in power;

• Institutionalizing the opposition and enabling it to gain access to power peacefully;

• Choosing leaders through free and fair elections.


The views and opinions of authors expressed herein do not necessarily state or reflect those of the Arab Network for the Study of Democracy
 
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