Moroccans debate both sides of death penalty issue

2008-01-08

The death penalty in Morocco, suspended since 1993, has been the subject of a national debate in recent days. The justice ministry declared before parliament recently that the country will not support an upcoming UN resolution to abolish capital punishment.

By Naoufel Cherkaoui for Magharebia in Rabat – 08/01/08

[Getty Images] Justice Minister Abdelwahed Radi said Morocco no longer views the death penalty as acceptable

Moroccan human rights organisations have long called for the abolition of the death penalty, which many consider confiscation of one of the most basic human rights. However, there is no consensus on the controversial issue.

The Moroccan Coalition against the Death Penalty is encouraged by voting in the UN General Assembly on December 18th, when 105 member states supported a resolution calling for the abolition of the death penalty in all countries. However, the coalition expressed its disappointment over "Morocco's renewed abstention from voting on the issue" and expressed its hope the country would correct its mistake and vote in favour of the resolution.

The group says the abstention conflicts with Morocco's international obligations, especially those which the country assumed with its membership in the Human Rights Council. It also runs counter to the final report by the Equity and Reconciliation Commission which was approved by King Mohammed VI.

Coalition co-ordinator Abdelilah Benabdeslam told Magharebia that Morocco appears to be in a state of contradiction. He explained that while Morocco suspended imposition of the death penalty in 1993, many capital punishment verdicts continue to be handed down and the country has still failed to ratify the UN resolution.

Meanwhile, death penalty supporters argue against abolition by saying crimes would increase were there to be no deterrent.

A compromise between abolition and unrestricted capital punishment was advanced by Mustafa al Ramid, a lawyer and member of the General Secretariat of Justice and Development Party. Al Ramid told Magharebia, "We are neither in favour of the complete abolition of the death penalty nor keeping the status as it is because it is terrifying and horrifying and doesn't provide sufficient guarantees to defendants. Rather, we are in favour of reviewing the crimes punishable with the death penalty… and restrict them to dangerous crimes only."

Political crimes should not be punishable with the death penalty, he added.

Al Ramid also called for the activation of the pardon mechanism by the relatives of victims in order to spare perpetrators this penalty. Moreover, he is of the opinion that the penalty should not be implemented except after a reasonable period of time (e.g. 10 years) in order to avoid any errors that may be made by courts.

Two weeks prior to the UN General Assembly session vote on December 18th, Justice Minister Abdelwahed Radi told Parliament that Morocco would not support a UN resolution abolishing the death penalty. "[T]here is controversy between the defenders of the abolition of the death penalty and the defenders of maintaining it. We are abstaining from voting on the abolition of the penalty because we have not yet resolved the issue", he said.

He later added that "Morocco has a strong desire not to apply such a penalty by our courts because it is no longer acceptable."

Only two of the 133 people sentenced to death since 1973 have been executed, Radi noted. The last execution was 14 years ago.