Identifier
Created
Classification
Origin
08RABAT411
2008-05-08 15:40:00
CONFIDENTIAL
Embassy Rabat
Cable title:  

MOROCCAN GOVERNMENT RESPONSE TO AL-MASSAE VERDICT

Tags:  PHUM KPAO SCUL OIIP KIRC PGOV MO 
pdf how-to read a cable
VZCZCXRO8731
RR RUEHTRO
DE RUEHRB #0411/01 1291540
ZNY CCCCC ZZH
R 081540Z MAY 08
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC 8528
INFO RUEHAS/AMEMBASSY ALGIERS 4764
RUEHLB/AMEMBASSY BEIRUT 0549
RUEHEG/AMEMBASSY CAIRO 2351
RUEHDM/AMEMBASSY DAMASCUS 0717
RUEHLO/AMEMBASSY LONDON 3590
RUEHMD/AMEMBASSY MADRID 5961
RUEHNK/AMEMBASSY NOUAKCHOTT 3733
RUEHFR/AMEMBASSY PARIS 5013
RUEHTRO/AMEMBASSY TRIPOLI 0300
RUEHTU/AMEMBASSY TUNIS 9602
RUEHCL/AMCONSUL CASABLANCA 4055
C O N F I D E N T I A L SECTION 01 OF 03 RABAT 000411 

SIPDIS

STATE FOR NEA/PI, NEA/PPD, NEA/MAG AND DRL/NESCA

E.O. 12958: DECL: 05/08/2018
TAGS: PHUM KPAO SCUL OIIP KIRC PGOV MO
SUBJECT: MOROCCAN GOVERNMENT RESPONSE TO AL-MASSAE VERDICT
DEMARCHE

REF: A. STATE 35264

B. RABAT 0283

C. RABAT 0021

Classified By: Ambassador Thomas T. Riley for reasons 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 RABAT 000411

SIPDIS

STATE FOR NEA/PI, NEA/PPD, NEA/MAG AND DRL/NESCA

E.O. 12958: DECL: 05/08/2018
TAGS: PHUM KPAO SCUL OIIP KIRC PGOV MO
SUBJECT: MOROCCAN GOVERNMENT RESPONSE TO AL-MASSAE VERDICT
DEMARCHE

REF: A. STATE 35264

B. RABAT 0283

C. RABAT 0021

Classified By: Ambassador Thomas T. Riley for reasons 1.4 (b) and (d).


1. (C) Summary: In response to Ref A demarche, the
Government of Morocco (GOM) has formally asserted that the
libel case against al-Massae was a private law suit to which
the GOM was not a party, and in which the GOM did not
interfere. Although Minister of Communications Naciri told
the DCM that he personally found the fine &excessive,8 his
response was walked back in a defensive formal written
response provided to us subsequently. On the press code,
Naciri stressed that it had not been shelved, but journalists
were not helping him by unethical reporting and attacks
against the Government that were sometimes &mean, dishonest
and gratuitous.8 A Justice Ministry official said the
assignment of the case to a judge responsible for previous
heavy judgments against journalists was routine, as this
particular judge was the judiciary,s specialist in press
libel cases. Most of our contacts inside and outside the
press community have expressed little sympathy for Al-Massae
and its director Rachid Niny, arguing that the newspaper can
afford to pay the fine (which the newspaper denies),and
noting the Niny himself sued for libel, demanding five
million dirhams. The case remains on appeal as the Mission
continues to highlight the larger press freedom and judicial
independence issues. End summary.

--------------
Communications Minister: We,re Not Involved
But Fine &Clearly Excessive8
--------------


2. (SBU) DCM delivered Ref A demarche on the Al-Massae libel
verdict (Ref B) to Moroccan Minister of Communications Khaled
Naciri on April 10. IO attended as notetaker. The DCM
stressed that the case raised concerns about the Government
of Morocco,s (GOM,s) commitment to press freedom and
judicial independence. The DCM observed that Naciri, as a
long-time activist, shared the USG,s interest in human

rights. Expressing particular concern over the verdict in
the Al-Massae libel case, the DCM noted that the verdict did
not bring credit to Morocco and tarnished Morocco,s image as
a regional leader on press freedoms.


3. (SBU) The DCM stressed that USG concern over this case
should not be construed as implying support for Al-Massae or
its political or editorial stance; our concern was for the
broader principles of freedom of the press. The USG did not
view this as an isolated incident, but as one in a series of
judicial attacks against independent media in Morocco. He
noted that the USG had undertaken substantial efforts to
promote professional journalism and freedom of expression in
Morocco, including by providing training and maintaining a
constant dialogue with the media community. In this regard,
we had also long encouraged the GOM to promulgate a new press
code that decriminalized libel. The DCM stated that the USG
hoped the GOM would renew its efforts on this front.


4. (C) Naciri responded that the GOM had made a
&fundamental choice to consolidate democracy,8 including
freedom of expression. King Mohammed VI was personally very
committed to this. He observed that the Moroccan press
enjoyed substantial freedom of expression. He noted that
neither Al-Massae nor any other newspaper had been sued by
the Government or by its ministries for defamation, even
though Al-Massae and other newspapers attacked the Government
daily in a manner that was &mean, dishonest and
gratuitous.8


5. (C) The Al-Massae case was a civil libel case in which
the GOM was not involved, Naciri stated. He offered
assurances that the GOM had provided no instructions to the
presiding judge in the case. He agreed that the fine in the
verdict was &clearly excessive,8 opining that it
represented a case of the judiciary acting in solidarity with
its own. (Note: the plaintiffs in the case were deputy

RABAT 00000411 002 OF 003


prosecutors. End note.)


6. (C) Naciri reported that a revised press code had not
been shelved, but the situation was &very delicate8 and
&frankly the journalists are not helping.8 Conservatives
in the government with substantial influence pointed to
examples of ethical lapses in opposing liberalization. He
asked the DCM to pass a message to the journalist community
to &be reasonable.8 There was no question of &attacking
their liberties,8 but they needed to help facilitate a new
press code by behaving more responsibly. Reiterating what he
had said in a previous meeting with Ambassador Riley (Ref C),
Naciri stated that the GOM had no intention of applying
prison sentences to journalists charged under the press code.


7. (SBU) In a subsequent written response, the Ministry of
Communications took a more defensive posture. The non-paper
emphasized that the suit was a civil case and that the
resulting verdict was not a &fine8 but civil damages. The
non-paper stated that most libel suits against journalists
were civil cases brought by private individuals, who were
exercising &the natural right in civilized and democratic
societies to seek damages.8 The non-paper observed that the
GOM refrained from suing newspapers for libel in spite of the
regular publication of false, defamatory and injurious news.
The non-paper argued that a revised press code need not
include the decriminalization of libel, &which does not
exist in any democratic country.8

--------------
MFA: Presiding Judge is Specialist
--------------


8. (C) Since receiving Ref A, the Ambassador has sought a
meeting with the Minister of Justice to deliver the demarche.
As the Minister has been uncharacteristically unavailable,
PolCouns met with Ministry of Justice (MOJ) Secretary General
Mohammed Ledidi (Deputy Secretary equivalent) on May 6.
Ledidi said that all of the recent media cases that resulted
in seemingly excessive fines were heard by the same judge
because &he is our specialist on journalism cases.8 When
pressed further, he mentioned that most legal systems had
judges who specialized in specific technical fields. Ledidi
added that the case was not closed and that the verdict could
be modified on appeal, saying, &If there was a mistake in
judgment, it will be corrected by a higher court. The system
works.8 Noting the common incidence of libel in the nascent
Moroccan independent press, Ledidi calmly but categorically
denied any &premeditation8 or fixing in the Al-Massae or
previous media trials.


9. (C) Ledidi responded to a question about the excessive
size of recent media fines by asking how anyone could
effectively judge the cost of damages to a person,s
reputation. He emphasized that he was not personally
defending the amounts, but wondering what scale the USG was
using to determine &disproportionate.8 Ledidi explained
that the plaintiffs in the Al-Massae case suffered real
damage, even though they were local prosecutors. They were
harassed, subjected to stone throwing, threats and at least
one eventually had to leave the town of Ksar El Kebir
permanently. Under Moroccan law, libel fines are not based
on a defendant,s ability to pay, but on a subjective
accounting of the damage caused by the libelous action, much
like medical malpractice suits in the U.S., Ledidi stated.

--------------
Other Developments
--------------


10. (SBU) While Al-Massae and Niny have appealed the verdict
against them, two of the plaintiffs have also appealed the
size of the fine, claiming that the fine was insufficient
when compared with the damage to their reputations. A
contact in the MFA claimed that Al-Massae,s profits are more
than sufficient to cover the fine and survive. Al-Massae
Editor-in-Chief Touafiq Bouachrine hotly contested this
claim, stating that Al-Massae and its sister French-language
daily Le Soir would have to shut down if forced to pay the

RABAT 00000411 003 OF 003


fine.


11. (SBU) Meanwhile, the Director General of Eco Medias
Group, which owns two newspapers and a radio station, told us
that Niny had recently sued one of his newspapers for libel
for calling Niny a &humorist8 in an article. (Note: Before
launching Al-Massae, Niny was best known as a satirical
columnist. End note.) Niny asked for damages of MAD five
million; the case was dismissed. This senior journalist
noted sardonically that, if Niny,s reputation was worth MAD
five million, surely the plaintiffs in the case against him
could argue their reputations were worth MAD 1.5 million
each. This same journalist noted that his company quietly
settles millions of dirhams in libel suits every year;
journalists inevitably make mistakes, he said, and sometimes
they have to pay the price.

--------------
Comment
--------------


12. (C) Following initial protests against the size of the
fine, this case has been quietly dropped by local and
international defenders of press freedom; it is never
mentioned by our press contacts unless we raise it first. In
stark contrast, the imprisonment of journalist Mustapha
Hormatallah ) who is serving an eight-month prison sentence
for having published a confidential military document and
(reportedly) refusing to reveal the name of his source ) has
become a cause celebre both locally and internationally.
There have been numerous local demonstrations in his support,
substantial press coverage of his recent hunger strike, and
he has been the focus of publicity campaigns by international
human rights organizations. (Note: Morocco,s treatment of
the Hormatallah case appears analogous to the imprisonment of
Judith Miller for contempt-of-court following her refusal to
disclose her sources. Hormatallah has alleged no physical
mistreatment, and was freed on bail for several months while
his case was heard on appeal. The handling of this case thus
can be interpreted as representing a significant advance for
human rights in Morocco. End note.)


13. (C) The Moroccan press continues to print on a daily
basis articles that expand the boundaries of press freedom,
including on security-related issues of great local
sensitivity. One weekly, for example, recently published a
detailed article on the workings of a major domestic security
agency, featuring on its front cover a satellite photo of its
headquarters. At the same time, scurrilous cases of libel
and problems with journalistic ethics abound in the rapidly
evolving media environment. On balance, the overall
trend-line of press freedom is positive, this case
notwithstanding. Nonetheless, the Mission will continue to
seek opportunities to push for press freedom and judicial
independence. End comment.


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Riley