Latest news with #MarrakechCourtofAppeal
Ya Biladi
01-07-2025
- Ya Biladi
Gang rape in El Attaouia defendants appeal for lighter sentences despite DNA evidence
Last April, three men convicted in the gang rape of a 13-year-old girl in El Attaouia, a town in El Kelaa des Sraghna Province, received sentences lighter than those prescribed by law. The Marrakech Court of Appeal sentenced them to 12, 10, and 8 years in prison, along with a total compensation of 200,000 dirhams for the victim. Said Fadili, head of the El Attaouia branch of the Moroccan Association for Human Rights (AMDH), confirmed to Yabiladi on Monday that the defendants have appealed to the Supreme Court, suspending the execution of the verdict until a final decision is rendered. Although the appeal court increased the prison terms by two years compared to the initial ruling in February, the sentences remain lenient in light of the severity of the crime, the legal provisions in place, and the aggravating circumstances. Under Moroccan law, indecent assault on a minor, particularly when committed against a person with a mental disability and resulting in childbirth, is punishable by 20 to 30 years in prison. «That is why, both at first instance and on appeal, we argued for the maximum penalty of 30 years, as provided by the Penal Code in such cases», Fadili stated. The association reiterated its call for «zero tolerance» for «crimes of rape, pedophilia, and the sexual exploitation of children», and emphasized the need for harsher sentences, especially since this case echoes that of a similar gang rape in Tiflet, where sentences were also revised on appeal. «The DNA Test Must Lead to Legal Filiation» Also contacted by Yabiladi, Omar Arbib, president of AMDH's Marrakech-Menara branch, said the NGO plans to return to court. «Yes, the appeal increased the prison terms, and the compensation for the victim was doubled. But the sentences are still below the legal minimum, especially considering the prosecution itself ordered a DNA test that linked the main accused to the newborn with 99.9999% certainty», he explained. Now that the case is headed to the Supreme Court, the association—acting as a civil party—insists the DNA test must not serve only to identify a main perpetrator. It must also secure the civil rights of the child, including a name and legal identity. «We will pursue legal action beyond the gang rape case to establish filiation. The outcome of this case should also recognize the rights of the mother, who is herself a minor. Meanwhile, the issue of DNA-based filiation remains unresolved in the debate around Morocco's family code reform», Arbib said. Also serving as AMDH vice president, Arbib expressed dismay at the defense strategy. «During the trial, the main accused was confronted with DNA results confirming the link. Yet even faced with 99.9999% certainty, he completely denied paternity», he said, adding that «this is about the child's best interest». The association believes this case should reignite a long-overdue debate around legal recognition of filiation for children born out of wedlock, especially in cases involving rape of minors. «We're facing a clash of perspectives—between a theological view that resists DNA-based filiation, legal recommendations focused on the child's best interest, and contradictory institutional positions. But at the heart of it all is the fate of thousands of children, who risk being treated as second-class citizens», Arbib stressed.
Ya Biladi
20-02-2025
- Ya Biladi
Gang rape near Marrakech : Light sentences spark plans for appeal
The Criminal Chamber of First Instance at the Marrakech Court of Appeal sentenced three men to prison terms ranging from six to ten years on Wednesday evening after they were found guilty of abducting a minor with a mental disability and raping her. Following the childbirth of the 13-year-old victim, a DNA test identified one of the accused, a 74-year-old man, as the biological father. Based on Articles 471, 475-2, and 485 of the Penal Code, he was sentenced to eight years in prison for these offenses, in addition to an attempted bribery charge involving a gendarme. The second accused received a ten-year sentence under Articles 471, 475-2, 485, and 488 for rape resulting in the victim's loss of virginity. The third defendant was sentenced to six years based on Articles 471, 475-2, and 485. The court also ordered the three men to pay the victim 100,000 dirhams in damages. Additionally, a symbolic one-dirham compensation was awarded to the Marrakech-Menara branch of the Moroccan Association for Human Rights (AMDH), which joined the case as a civil party, supporting the victim's father with legal representation from 18 lawyers. Following the verdict, the NGO confirmed to Yabiladi that the civil party intends to appeal, arguing that the sentences handed down are too lenient compared to the minimum penalties prescribed by the applicable Penal Code articles. Another legal procedure will be initiated to establish the paternity of the child, given that DNA test results confirmed a 99.9999% match with the accused. Lenient sentences for crimes punishable by up to 20 years Omar Arbib, president of AMDH's local branch, criticized the verdict, calling it both «lenient » toward the perpetrators—despite the repeated nature of the assault—and «unjust » toward the victim. «This ruling fails to meet the standards of justice and fairness, which are essential for true reparation. The sentences are far from exemplary and fail to serve as a deterrent, despite the severity of the crimes. They do not even align with the penal code, which prescribes sentences of 20 years or more in cases involving aggravating circumstances». Omar Arbib After exposing the case and the victim's childbirth, the AMDH branch in El Attaouia raised concerns over the growing normalization of «rape, sexual exploitation of children, pedophilia, and child abuse » in Morocco. While commending the legal team representing the civil party, Saïd Fadili, president of the AMDH branch, condemned the verdict as «disproportionately light, lacking any real deterrent effect, and failing to reflect the severity of the crime ». He emphasized that the association had pushed for the maximum penalties, which could have reached 30 years in prison under the penal code. The association reiterated its call for «zero tolerance » for crimes involving rape, pedophilia, and the sexual exploitation of children, stressing the need for tougher sentences—especially given the similarities between this case and the Tiflet gang rape trial, where sentences were increased on appeal. Calls for harsher sentences and stronger child protection laws For the NGOs supporting the civil party, this trial is an opportunity to advocate for stronger enforcement of the principle of the best interests of the child—both for the 13-year-old victim and her newborn. This aligns with Articles 6, 7, and 8 of the UN Convention on the Rights of the Child, which Morocco has ratified. These provisions guarantee a child's right to protection, identity, and the ability to know their parents. « We will also advocate for these provisions to be included in the ongoing reform of the Family Code, ensuring that paternity recognition is explicitly mandated in law, despite opposition from groups resisting universal human rights », stated Omar Arbib. The NGO Don't Touch My Child « Matkich Weldi » described the first-instance ruling as « a step forward» but still «insufficient given the gravity of the case». Najat Anwar, the organization's president and legal representative in the case, reiterated calls for harsher penalties for sexual crimes against children. She also praised the role of human rights organizations, particularly AMDH, in ensuring the case received public attention. Additionally, the NGO renewed its appeal for «enhanced child protection mechanisms, particularly for those in vulnerable situations», alongside a «strong and exemplary judicial response against perpetrators to eliminate all forms of impunity».
