MOROCCO: JUSTICE MINISTER SUMMARIZES JUDICIAL

UNCLAS RABAT 000443 SIPDIS SENSITIVE STATE FOR L/LEI, NEA/PI AND NEA/MAG E.O. 12958: N/A TAGS: PHUM CJAN EAID PGOV KJUS KCRM MO SUBJECT: MOROCCO: JUSTICE MINISTER SUMMARIZES JUDICIAL REFORM STRATEGY ¶1. (SBU) Summary: The Moroccan Ministry of Justice (MOJ) plans on upgrading and expanding the number of courts, increasing the number of judges, and raising the standards of training for judges and other legal professionals in Morocco. On May 20, Minister of Justice Abdelwahed Radi told Charge and a visiting American Bar Association (ABA) delegation about some of the major provisions of MOJ's much anticipated reform plan, to be presented to King Mohammed VI within the next few months. To address the acute problem of case backlogs, Radi expressed the need to computerize legal functions and upgrade Morocco's penal code. The MOJ is open to U.S. assistance through government channels or through organizations such as the ABA. End Summary. -------------- Ministry of Justice in Reform -------------- ¶2. (SBU) On May 20, Charge, accompanied by D/PolCouns and representatives from the American Bar Association (ABA),met with Minister of Justice Abdelwahed Radi, Secretary General Mohamed Lididi, Director of Penal Affairs M,Hamed Abdennabaoui, and Director of Cooperation and Modernization Abdelmajid Rhomija at the Moroccan Ministry of Justice (MOJ) to discuss Moroccan judicial reform efforts. Radi began the meeting by complimenting the work of the ABA, adding that Morocco was prepared to cooperate with the ABA on judicial reform efforts. In addition to defending the population against the menace of corruption, organized crime, drugs, and terrorism, Radi said Morocco needs a stronger judiciary to keep up with its developing democracy and free market. Citizens and entrepreneurs need a means to defend their property rights and efficiently resolve business conflicts, he added. ¶3. (SBU) Radi said the Ministry is reaching the final stages of a judicial reform package that it intends to present to King Mohammed VI within the next several months. He said that the MOJ has been in consultations with politicians, labor unions, and legal/civil society groups to arrive at a set of recommendations. Radi said that the document focused on two major areas of reform: institutional and tribunal (i.e., court) reform. At the institutional level, he underscored the need for increased safeguards for the independence of the judicial branch of government vis-a-vis executive authority, which Radi clarified to mean "independence from royal and governmental influence." -------------- -------------- Reform: Better Infrastructure, Judges, and Training -------------- -------------- ¶4. (SBU) Radi emphasized that tribunals need improvements at every level. He opined that the first area of focus should be to upgrade and expand the physical infrastructure of the courts. In addition to improving existing buildings, Morocco needs to expand the number of courts to better serve Moroccans, he said. ¶5. (SBU) Radi explained that the MOJ is trying to improve court efficiency and reduce case backlogs stemming from technical and legal defects. Radi said that by the end of 2009, the Ministry plans to introduce computers into most tribunals. This year, he said that 38 percent of the budget is dedicated to modernization and physical upgrades of the tribunals. The European Union is assisting by implementing a program of modernization and computerization of 40 tribunals in Morocco. The Ministry hopes to bring the remaining 40 tribunals in Morocco up to a similar standard of automation. ¶6. (SBU) As a second priority, Radi complained about an acute lack of legal professionals serving in the judicial field, particularly judges and qualified legal staff. To address the problem, he said MOJ has drafted a recruitment and training plan for judges and other critical positions with a four- to eight-year time horizon for implementation. Radi recalled that in the last eight years, the MOJ had doubled the number of judges, adding that it was aiming to double again the current number of judges in the next four years. ¶7. (SBU) Emphasizing the need to "moralize the profession," Radi said the Ministry's plan calls for raising the professional standards of legal staff through training and increasing requirements and experience levels for judges. He said that in addition to seeking greater safeguards of independence, the Ministry plans to recruit judges with a record of integrity and who will not yield to pressures of money, political leaders, media, and "central authority," i.e., the Palace. Radi said the Ministry plans to train new judges to be aware of their unique position in society and to defend their independence. ¶8. (SBU) The civil and criminal codes must be modernized to keep up with broader modernization and democratization efforts in Morocco. Radi complained that some statutes go back to the days of the protectorate. Identifying another critical area, Radi said that the inability of the state to adequately pay public defenders was a major shortfall and source of inefficiency in the current court system. Although a legal defense is guaranteed by the Moroccan penal code, many public defenders assigned to cases are not compensated adequately, or at all, for their services. -------------- Open to Assistance -------------- ¶9. (SBU) Radi expressed openness to any assistance that the U.S. Government or ABA might offer to the Ministry. "We will take whatever assistance you can provide," he said, before inviting ABA officials to engage in follow-up meetings with members of the DOJ Secretary General's staff. He said that "his Ministry's policy is to be open to everyone;, that no country has the complete truth; and that it can benefit from inputs and experiences from all countries." ¶10. (SBU) Comment: This is the first glimpse that the MOJ has provided into its judicial reform strategy. We were heartened by Radi's prescriptions for addressing Morocco's troubled judicial system. Even if the plan submitted to King Mohammed VI in the coming months falls short of all goals laid out by Radi, his unusually candid assessment of the judicial system's problems, especially internal corruption, was refreshing. The comprehensiveness of the plan and the MOJ's apparent openness for increased U.S. assistance, suggests the MOJ's reform efforts not only have Royal impetus but may actually improve the situation in Morocco's court system in the coming years. Post will examine possible areas we may be able to assist the MOJ with its reform strategy. We understand that the ABA has submitted five proposals for possible Middle East Partnership Initiative funding. End Comment. ***************************************** Visit Embassy Rabat's Classified Website; http://www.intelink.sgov.gov/wiki/Portal:Moro cco ***************************************** Jackson