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.

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Ministry of Justice in Reform
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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."

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Reform: Better Infrastructure, Judges, and Training
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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.

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Open to Assistance
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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.


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Jackson