In response to a notable rise in provisional detentions during the summer holidays, the Attorney General has reached out to public prosecutors across various regions of Morocco to address this issue.
In a circular, the Attorney General highlighted that a careful analysis of statistics from previous years has revealed a significant increase in the number of individuals held in provisional detention during holiday seasons. This trend poses challenges in managing human resources, particularly during the judicial vacation period. As a result, a proactive approach and tight coordination with court leadership is necessary to avoid potential backlogs in cases and ensure their resolution within reasonable timeframes. The goal is to balance the requirements of public safety and order with the protection of individual freedoms.
The Chief Prosecutor at the Court of Cassation, Hicham Blawi, noted that effective coordination with various stakeholders has allowed Morocco to reduce provisional detention rates to below 30% of the total prison population at certain times, a feat not previously achieved in past years.
Blawi’s circular calls for continued efforts to streamline provisional detention practices, emphasizing that it should be considered an exceptional measure. He urged a conscious and responsible commitment to uphold judicial practices that safeguard established gains and enhance public trust in the judiciary as a guarantor of rights and freedoms, aligned with the principles of criminal policy.
Legal Alternatives
Blawi also advocated for the adoption of legal alternatives and the activation of restorative justice to decrease reliance on provisional detention, while consistently referring to previous circulars from the Attorney General’s office on this matter.
He stressed the need for heightened vigilance in managing cases of individuals in provisional detention in the upcoming period, ensuring their cases are scheduled for the earliest possible hearing as required by law. Blawi emphasized the importance of taking all necessary measures in coordination with the heads of courts to address cases within reasonable timeframes.
Additionally, the Chief Prosecutor urged the relevant deputies involved in provisional detention cases to monitor them consistently and to respond promptly to various challenges that may arise during the process.
He called upon the public prosecutors at the appellate courts and those at the trial courts to fully comply with the principles outlined in the circular, reinforcing that provisional detention should be treated as an exceptional measure. He also highlighted the importance of consulting the Attorney General’s office regarding any difficulties they encounter on this matter.
