CHARGE RAISES CASES WITH HUMAN RIGHTS COUNCIL

C O N F I D E N T I A L RABAT 000543

SIPDIS

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

E.O. 12958: DECL: 06/26/2019
TAGS: PHUM PGOV PREL KPAO MO
SUBJECT: CHARGE RAISES CASES WITH HUMAN RIGHTS COUNCIL
CHAIRMAN

Classified By: CDA Robert P. Jackson for reasons 1.4 (b) and (d).


1. (C) Summary: Ahmed Herzenni, Chairman of Morocco's
Consultative Council on Human Rights (CCDH),told Charge that
the Council would look into the case of human rights activist
Chakib al Khyari, President of the Association for Human
Rights in the Rif (ARDH). Post will follow up in light of al
Khyari's June 24 sentencing to three years, imprisonment and
a USD 90,000 fine for "insulting state institutions." The
Charge also pressed for greater freedoms for political
organizations in the Western Sahara and raised concerns about
harassment of those advocating independence. The CCDH was
responsible for both domestic and international observation
of Morocco's recent elections. Despite isolated complaints
of vote buying and bribery, Herzenni expressed satisfaction
at the turnout and overall integrity of the elections. End
Summary.


2. (SBU) Charge (CDA),PolCouns, PolOff and Pol Intern met
with Consultative Council for Human Rights (CCDH) Chairman
Ahmed Herzenni and a council staffer on June 24 to discuss
Morocco's progress in the human rights arena and the recent
local council elections, which the CCDH monitored.

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Trial of Chakib al Khyari
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3. (SBU) The CDA expressed our strong concern over the
continued detention of President of the Independent Human
Rights Association of the Rif Chakib al Khyari, who had
publicly questioned the effectiveness of Moroccan authorities
in preventing drug smuggling. Asked why al Khyari continues
to be detained given the minor charges, Herzenni seemed taken
aback, remained silent for a while and then responded, "I do
not really have an answer." He then explained that repeated
trial postponements are normal in the Moroccan judicial
system and stressed that the CCDH is more concerned with the
fairness of the trial than its length, or the length of
detention. He agreed, however, that the CCDH would look into
al Khyari's case. Shortly after the meeting, a judge in
Casablanca found al Khyari guilty of "gravely offending state
institutions" and sentenced him to three years in prison and
fined him USD 90,000.

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"Political Detainees" in the Belliraj Trial
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4. (SBU) Asked about irregularities in the trial of six men
accused of having connections to the Abdelkader Belliraj
terrorism network, including inability to call witnesses or
to present evidence, Herzenni acknowledged that the CCDH had
also noticed irregularities in the trial. He stated that the
trial would soon close, at which point the CCDH would review
the process for any irregularities on the part of judges and
prosecutors. If the CCDH determines that irregularities took
place, it will declare the trial unfair, he said, clarifying
that "we do not want to draw any conclusions before the end
of the trial."

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Political Expression in the Western Sahara
--------------


5. (SBU) Responding to the CDA's observation that the
Ministry of the Interior continues to defy court orders to
allow the Association of Sahrawi Victims of Grave Human
Rights Violations Committed by the Moroccan State (ASVDH) to
register as a political organization, Herzenni recommended
that ASVDH pursue its case through the Administrative Court.


6. (SBU) The Charge also noted that the Mission recently
sent an ASVDH member to the U.S. for a training program and
that, while he was abroad, security forces visited his home
and asked his family to tell him to report to the police upon
his return. Upon arrival in Morocco, he was briefly detained
and questioned at the airport. Herzenni underscored that the
police have a right to do their job, including watching
people they suspect of illegal activities. Since the ASVDH
member is still free and has not been "disappeared," arrested
or tortured, and his family has not lodged a formal
complaint, as far as the CCDH and Herzenni are concerned,
nothing of consequence has happened. The CCDH is an "a
posteriori, not a priori" organization, he said, explaining
that the organization cannot act preventatively, they can
only judge past actions.

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Elections

--------------


7. (SBU) Expressing satisfaction with the over 50 percent
turnout rate for the June 12 communal elections, Herzenni
said the rate of participation demonstrated a continued
commitment to the democratic process. He told the CDA he had
expected the turnout to be higher than the low 37 percent of
the 2007 legislative elections but was anxious until the
turnout reached the 52.4 percent mark. He expressed
satisfaction that turnout in the Western Saharan provinces
was higher than in many other areas of the country, despite
calls for a boycott from POLISARIO President Abdelaziz.


8. (SBU) Asked about allegations of vote buying, Herzenni
responded that although it likely took place, and may even
have been common, full-scale fraud and manipulation of
elections is a thing of the past, particularly after the
intense scrutiny of the 2007 parliamentary elections. He
added that such allegations are difficult to prove. Herzenni
underscored the difficulty in distinguishing between local
traditions and bribery, observing that within Moroccan
culture, a host of a meeting or gathering is expected to
provide food, which could be seen as bribery in a political
context. He noted that the CCDH has received very few
complaints of irregularities, and said that allegations of
voting misconduct are generally the responsibility of the
Ministry of the Interior. Herzenni admitted that the number
of observers fielded in this election was too small to do
anything other than spot checking. He noted that a U.S.
think tank, the Institute for Strategic Studies, had
approached the CCDH unilaterally with an offer to provide
observers.

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Opportunities for Cooperation
--------------


9. (SBU) The CCDH is on the verge of completing its mandate
from the IER. Most of the project is complete, but community
reparations will be an ongoing issue. Currently, there are
32 community reparation development projects, with a total of
60 planned, though many more projects have been submitted.
Herzenni mentioned an opportunity for U.S. involvement to
support some of the worthy projects that the CCDH could not
implement because of budget or mandate constraints. He
explained that, on a smaller scale, CCDH was promoting social
and economic rights by empowering the people and informing
them of their rights in this sphere.

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Comment
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10. (C) Herzenni, a Ph.D. from the University of Kentucky
and former political prisoner, has been criticized for being
overly solicitous to the Makhzen (the palace system),of
which he is clearly a part. After a brief foray into the
Western Sahara, he now appears to be shying away.
Nonetheless, when it is mobilized, CCDH can be an important
advocate of pro-reform cooperation. The openness with which
Herzenni addressed some sensitive issues illustrates
Morocco's commitment to expand human rights and prevent
serious abuse.


11. (C) We are concerned about the trial and sentencing of
Chakib al Khyari and plan to raise this issue again in
consultation with our European partners. The Mission will
also monitor the on-going Belliraj trial, particularly the
cases of the so-called "political detainees," continuing to
document irregularities as they appear (Septel) and raise
them with the Government as appropriate. End Comment.


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Jackson