The head of the Public Prosecution, Hassan Farhan, confirmed that the rulings and decisions related to the incidents of violence and destruction accompanying unauthorized demonstrations were issued within a reasonable timeframe, taking into account the criminal circumstances of the defendants. He stated, “There was no rush in issuing them, contrary to what some are deliberately circulating.”
In a press statement on Tuesday, October 28, regarding the management of the violent incidents related to unauthorized protests that occurred in some Moroccan cities at the end of September, Farhan emphasized that all stages of investigation and trial were conducted to ensure fair trial conditions for the suspects and defendants. From the moment of their arrest, thorough listening reports were made in complete adherence to the legal procedures, countering claims of coerced confessions.
### Sentences Issued
Regarding cases still pending in courts, the judge explained that most are due to the time requested by the defendants’ defense to prepare their cases. He noted that sentences issued for certain crimes did not exceed a maximum of 15 years, despite the severity of some actions which can carry a sentence of up to 30 years. This leniency is attributed to the court considering the defendants’ circumstances, especially their social status and lack of prior convictions. Some cases remain under review by investigating judges.
Farhan reported that in the context of the unauthorized demonstrations and accompanying events, several individuals were arrested, and 3,300 were released after being evaluated by the relevant security services. Notably, these events involved participation from several minors who were returned to their guardians.
For those proven to have engaged in serious criminal acts endangering public safety and property, 2,480 individuals were presented before various public prosecutors across the country (including Rabat, Casablanca, Agadir, Tangier, and Oujda) for appropriate legal action.
Farhan stated that through investigations into those presented to public prosecutors and after reviewing the reports, sufficient evidence was found indicating that many had committed serious crimes classified under felonies and misdemeanors punishable according to the criminal law and specific regulations.
### Nature of the Crimes
He clarified that these crimes included insurrection by more than two armed individuals, insulting a public official during the performance of their duties, violence resulting in bodily harm, incitement to commit felonies and misdemeanors, participation in armed gatherings, destruction, and plundering of property using force.
The offenses also involve damaging items designated for public utility, obstructing vehicles to disrupt traffic, causing material damage to others’ property, aggravated theft, intentionally setting fire to unoccupied buildings and vehicles, and possessing weapons in circumstances that may threaten public safety.
Farhan emphasized that public forces acted within the law and within the framework of their powers as defined by legal texts governing public gatherings to ensure the safety of people and their properties and to maintain public order, particularly in light of the serious actions committed by some individuals, such as setting ablaze public and private properties and blocking roads, which resulted in serious injuries to public force members and substantial material losses.
### Public Prosecution Decisions
On another note, Farhan reported that after completing investigations with suspects, the relevant public prosecutors decided to charge a total of 2,480 defendants, among whom 959 are at liberty while 1,473 remain in custody. The latter figure has decreased following the release of some suspects based on suspended prison sentences and acquittals. Additionally, some juveniles were remitted to their guardians as per the juvenile justice provisions in the criminal procedure law.
Public prosecutors also decided to dismiss proceedings against 48 suspects. Farhan stressed that public prosecutors conducted a thorough examination of all evidence presented against the defendants and pursued charges based on sufficient evidence of their involvement in the alleged actions, respecting the presumption of innocence and other fair trial guarantees, including notifying the detained individuals of the accusations against them, allowing them to contact their lawyers, informing their families, and displaying the evidence against them during their presentation before public prosecutors.
As per available data from public prosecutors up to October 27, decisions regarding 66 defendants have been issued at the level of primary crime chambers of appellate courts, with 61 persons convicted and 5 acquitted.
Despite the serious nature of the charges against the individuals in primary crime chambers, which include arson and destruction, sentences varied from one year to 15 years’ imprisonment. While some felonies can carry a maximum penalty of 30 years, this is often due to the court applying mitigating circumstances based on the social situation of the convicted individuals.
### Initial Rulings
At the level of the primary courts, rulings have been issued against adult defendants totaling 301, distributed among 208 convicted with immediate penalties, 66 with suspended sentences, and 27 acquitted. Rulings were also made regarding 162 juvenile offenders, with 83 being remitted to their guardians in consideration of their best interests.
Farhan concluded that statistical data shows the number of acquittals at the primary courts reached 30 rulings, representing 11.4% of total rulings issued by these courts, while the number of acquittals at the appellate courts reached 4 decisions, accounting for 9.7% of total decisions issued by these courts to date.
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