

Currently released so far... 12478 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AU
ASEC
AE
AF
AORC
AEMR
AMGT
ABUD
AFFAIRS
APER
AS
AMED
AY
AG
AR
AJ
AL
AID
AM
AODE
ABLD
AMG
AFIN
ATRN
AGAO
AFU
AN
AA
ALOW
APECO
ADM
ARF
ASEAN
APEC
AMBASSADOR
AO
ASUP
AZ
AADP
ACOA
ANET
AMCHAMS
ACABQ
ASECKFRDCVISKIRFPHUMSMIGEG
APCS
AGMT
AINF
AIT
AORL
ACS
AFSI
AFSN
ACBAQ
AFGHANISTAN
ADANA
ADPM
AX
ADCO
AECL
AMEX
ACAO
ASCH
AORG
AGR
AROC
ASIG
AND
ARM
AQ
ATFN
AC
AUC
ASEX
AER
AVERY
AGRICULTURE
BL
BR
BO
BA
BD
BM
BK
BG
BU
BB
BH
BTIO
BY
BEXP
BP
BE
BRUSSELS
BF
BIDEN
BT
BX
BC
BILAT
BN
BBSR
BTIU
BWC
BMGT
CA
CASC
CVIS
CM
CH
CO
CU
CD
CWC
CI
CS
CY
CMGT
CF
CG
CR
CB
CV
CW
CE
CBW
CT
CPAS
COUNTERTERRORISM
CJAN
CODEL
CIDA
CDG
CDC
CIA
CTR
CNARC
CSW
CN
CONS
CLINTON
COE
CROS
CARICOM
CONDOLEEZZA
COUNTER
CL
COM
CICTE
CIS
CFED
COUNTRY
CJUS
CBSA
CEUDA
CLMT
CAC
COPUOS
CIC
CBE
CHR
CTM
CVR
CITEL
CLEARANCE
CACS
CAN
CITT
CARSON
CACM
CDB
CAPC
CKGR
CBC
EC
EG
EPET
ECON
ETRD
EFIN
EIND
EMIN
ENRG
EAID
EAGR
EUN
ETTC
EAIR
ENIV
ES
EU
EINV
ELAB
ECIN
EFIS
ELTN
EWWT
ECPS
ECONOMIC
ENGR
EN
EINT
EPA
ELN
ESA
EZ
ER
ET
EFTA
EINVECONSENVCSJA
EUMEM
ETRA
EXTERNAL
EI
EUR
EK
ERNG
ENGY
ETRDEINVECINPGOVCS
ENERG
EINVEFIN
ENVR
ECA
ELECTIONS
ETC
EUREM
ENNP
EFINECONCS
EURN
ECINECONCS
EEPET
EXIM
ERD
ENVI
ETRC
ETRDEINVTINTCS
ETRO
EDU
ETRN
EAIG
ECONCS
ECONOMICS
EAP
ECONOMY
EINN
EIAR
EXBS
ECUN
EINDETRD
EREL
EUC
ESENV
ECONEFIN
ECIP
EFIM
EAIDS
ETRDECONWTOCS
EUNCH
EINVETC
IZ
IT
IR
IS
IN
IC
IAEA
IO
ICAO
IWC
ID
IV
ISRAEL
IAHRC
IQ
ICTR
IMF
IRS
IDP
IGAD
ICRC
ICTY
IMO
IL
INRA
INRO
ICJ
ITU
IBRD
INMARSAT
IIP
ITALY
IEFIN
IACI
ILO
INTELSAT
ILC
ITRA
IDA
INRB
IRC
INTERPOL
IA
IPR
IRAQI
ISRAELI
INTERNAL
ISLAMISTS
INDO
ITPHUM
ITPGOV
ITALIAN
IBET
INR
IEA
IZPREL
IRAJ
ITF
IF
KDEM
KU
KPAL
KNNP
KCRM
KZ
KN
KS
KJUS
KTFN
KSCA
KV
KISL
KPAO
KPKO
KIRF
KTIA
KIPR
KFLO
KFRD
KTIP
KAWC
KSUM
KCOM
KAID
KE
KTDB
KMDR
KOMC
KWBG
KDRG
KVPR
KTEX
KGIC
KWMN
KSCI
KCOR
KACT
KDDG
KHLS
KSAF
KFLU
KSEO
KMRS
KSPR
KOLY
KSEP
KVIR
KGHG
KIRC
KUNR
KIFR
KCIP
KMCA
KMPI
KBCT
KHSA
KICC
KIDE
KCRS
KMFO
KRVC
KRGY
KR
KAWK
KG
KFIN
KHIV
KBIO
KOCI
KBTR
KNEI
KPOA
KCFE
KPLS
KSTC
KHDP
KPRP
KCRCM
KLIG
KCFC
KTER
KREC
KTBT
KPRV
KSTH
KRIM
KRAD
KWAC
KWMM
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KOMS
KX
KMIG
KRCM
KVRP
KBTS
KPAONZ
KNUC
KNAR
KPWR
KNPP
KDEMAF
KNUP
KNNPMNUC
KERG
KGIT
KPAI
KTLA
KFSC
KCSY
KSAC
KTRD
KID
KOM
KMOC
KJUST
KGCC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KO
KNSD
KHUM
KSEC
KCMR
KCHG
KICA
KPIN
KESS
KDEV
KCGC
KWWMN
KPAK
KWNM
KWMNCS
KRFD
MOPS
MCAP
MPOS
MARR
MO
MNUC
MX
MASS
MG
MY
MU
ML
MR
MILITARY
MTCRE
MT
MEPP
MA
MDC
MP
MAR
MASSMNUC
MARAD
MAPP
MZ
MD
MI
MEETINGS
MK
MCC
MEPN
MRCRE
MAS
MIL
MASC
MC
MV
MTCR
MIK
MUCN
MEDIA
MERCOSUR
MW
MOPPS
MTS
MLS
MILI
MTRE
MEPI
MQADHAFI
MAPS
NO
NATO
NL
NP
NZ
NSF
NI
NH
NG
NAFTA
NU
NASA
NR
NATOPREL
NSSP
NSG
NA
NT
NW
NK
NPT
NPA
NATIONAL
NPG
NSFO
NS
NSC
NE
NGO
NDP
NIPP
NRR
NEW
NZUS
NC
NAR
NV
NORAD
OTRA
OPCW
OVIP
OAS
OREP
OPIC
OIIP
OPRC
ODIP
OEXC
OPDC
OSCE
OIC
OSCI
OECD
OFDP
OFDA
OMIG
OPAD
OFFICIALS
OVP
OIE
OHUM
OCS
OBSP
OTR
OSAC
ON
OCII
OES
PGOV
PREL
PHUM
PTER
PINS
PINR
PREF
PK
PROP
PA
PARM
PBTS
PMAR
PM
PGIV
PE
PRAM
PHUH
PHSA
PL
PNAT
PO
PLN
PAO
PSA
PHUMPGOV
PF
PEL
PBIO
POLITICS
PHUMBA
PAS
POL
PREO
PAHO
PMIL
POGOV
POV
PAK
PNR
PRL
PG
PREFA
PSI
PINL
PU
PARMS
PRGOV
PALESTINIAN
PAIGH
POLITICAL
PARTIES
POSTS
PROG
PORG
PTBS
PUNE
POLICY
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PP
PS
PY
PTERE
PGOF
PKFK
PSOE
PEPR
PPA
PINT
PRELP
PSEPC
PGOVE
PINF
PNG
PGOC
PFOR
PCUL
POLINT
PGGV
PHALANAGE
PARTY
PGOVLO
PHUS
PDEM
PECON
PROV
PHUMPREL
RS
RU
RELATIONS
RW
RO
RM
RP
ROOD
RICE
RUPREL
RSO
RCMP
REACTION
REPORT
REGION
RIGHTS
RF
RFE
RSP
RIGHTSPOLMIL
ROBERT
SU
SCUL
SNAR
SOCI
SF
SA
SHUM
SENV
SP
SR
SY
SANC
SC
SMIG
SZ
SARS
SW
SEVN
SO
SEN
SL
SNARCS
SNARN
SI
SG
SN
SH
SYR
SAARC
SPCE
SHI
SCRS
SENVKGHG
SYRIA
SWE
STEINBERG
SIPRS
ST
SNARIZ
SSA
SK
SPCVIS
SOFA
SIPDIS
SAN
TC
TI
TBIO
TH
TSPL
TRGY
TSPA
TPHY
TU
TW
TS
TAGS
TK
TX
TNGD
TZ
TF
TL
TV
TN
TD
TIP
TR
TP
TO
TT
TFIN
THPY
TERRORISM
TINT
TRSY
TURKEY
TBID
US
UK
UNGA
UP
UZ
UNMIK
USTR
UNO
UNSC
UN
UNESCO
UNAUS
UNHRC
UY
UG
UNHCR
UNCND
USOAS
USEU
UNICEF
UNEP
UV
UNPUOS
UNCSD
USUN
UNCHR
UNDC
USNC
UE
UNDP
UNC
USPS
USAID
UNVIE
UAE
UNFICYP
UNODC
UNCHS
UNIDROIT
UNDESCO
UNCHC
Browse by classification
Community resources
courage is contagious
Viewing cable 09RABAT719, PHONE CALL JUSTICE: MEDDLING IN MOROCCO'S JUDICIARY
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #09RABAT719.
Reference ID | Created | Released | Classification | Origin |
---|---|---|---|---|
09RABAT719 | 2009-08-24 18:11 | 2010-12-20 21:30 | CONFIDENTIAL | Embassy Rabat |
VZCZCXYZ0007
PP RUEHWEB
DE RUEHRB #0719/01 2361811
ZNY CCCCC ZZH
P 241811Z AUG 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 0593
INFO RUCNMGH/MAGHREB COLLECTIVE
C O N F I D E N T I A L RABAT 000719
SIPDIS
STATE FOR L/LEI, DRL/NESCA, NEA/PI AND NEA/MAG
E.O. 12958: DECL: 08/24/2019
TAGS: PHUM CJAN EAID PGOV KJUS KCRM MO
SUBJECT: PHONE CALL JUSTICE: MEDDLING IN MOROCCO'S JUDICIARY
REF: A. RABAT 0607
¶B. RABAT 0443
Classified By: CDA Robert P. Jackson for reasons 1.4 (b) and (d).
¶1. (C) Summary: The Moroccan judicial system suffers from both a lack of independence and a lack of public confidence, and it remains an impediment to the country's development and reform efforts. Recognizing these problems, King Mohammed VI has called for a comprehensive reform of the judicial system to include greater independence and efficiency, but it is as yet unclear how committed the Government is to making meaningful reforms. Judges are not even minimally independent of the Ministry of Justice, and officials use direct intervention, career consequences, and political pressure to influence outcomes. This is further exacerbated by many judges' inability to apply the law correctly, even without outside meddling. Judicial incompetence and lack of independence are stumbling blocks that the GOM and the King must overcome to achieve their stated social and political reform goals. The Mission will continue to assist as the Government demonstrates its willingness to act. End Summary.
-------------------------
The King Announces a Plan
-------------------------
¶2. (SBU) On August 21, the King, looking healthier and thinner than he has in years, unveiled the framework of his much-anticipated judicial reform plan, which focused on six priorities:
-- a more independent judiciary;
-- modernizing the legal system to include a new penal policy, the establishment of a national crime observatory, and the promotion of alternative sentencing mechanisms;
-- upgrading administrative mechanisms in the court system and delegating authority to judicial officers;
-- upgrading training and performance of judges and judicial
staff;
-- increasing efficiency, and
-- preventing corruption.
He appointed the Ministry of Justice to develop and implement
these priorities, explaining that judicial reform would support the other major modernization and development projects initiated by the Palace. The plan comes at a time of general public disaffection with the judiciary and amid calls for greater judicial independence from Moroccan non-governmental organizations (NGOs).
-----------------------------------------
Phone Call Justice and Political Meddling
-----------------------------------------
¶3. (C) When PolOff asked prominent judicial reform activist Abdelaziz Nouyidi to comment on the degree of judicial independence in Morocco, he laughed. "When it deals with anything political, there is zero independence. When it has to do with the press, there is zero independence. With all other cases, there is more room for independence, but not very much," he told PolOff. Nouyidi described an encounter with a judge who received a phone call from the Ministry of
the Interior during their conversation. The judge, responding to the caller's questions, stated, "The verdict was what you wanted." Nouyidi said the judge immediately became embarrassed by having this conversation in front of an activist for judicial reform, but had been so accustomed to reporting on his cases to ministry officials that he had forgotten to be discreet.
¶4. (C) XXXXXXXXXXXXX said the lack of independence allows the court system to be manipulated into an instrument of political repression. "Other countries use the army or the police to control politics," he mused, "but in Morocco, we use the justice system."
¶5. (C) In one recent case, Said Yabou, an attorney and member of the Istiqlal Party (PI), was elected Council President of Youssoufia (a township outside of Rabat), in an alliance with the Islamist-inspired Party of Justice and Development (PJD). The hotly contested council election required the intervention of security forces to prevent serious clashes between the PI-PJD coalition and the rival coalition made up of the Popular Movement Party (MP) and the Party of Authenticity and Modernity (PAM). Immediately after winning the council presidency, and in violation of the code for lawyers and proper procedure, Yabou was arrested on charges of fraud. He was speedily convicted, sentenced to two years in prison and lost his council seat. Several contacts speculated that this was an entirely political move, and illustrated the way in which the judiciary may be used to achieve political ends.
---------------------
No Legal Independence
-----------------------
¶6. (C) Despite language in the Moroccan constitution asserting the judiciary's independence from the legislative and executive branches, this is not implemented. According to Francois Ramsey, the Director of the American Bar Association (ABA) in Morocco, there is no judicial independence. The Ministry of Justice (MOJ) is one of five Ministries under the direct control of the King, and it hires and fires judges, controls promotions, and decides who can be appointed, and where. Judges can become civil servants in the MOJ, and can also serve concurrently as prosecutors. It is not unusual for a judge to serve in his capacity as a magistrate one day, and the next day to serve as a lawyer and defend the interests of the state. Legal reform advocates argue that this situation creates conflicts of interest and limits the degree to which judges can make impartial and independent decisions.
¶7. (C) The High Judiciary Council, which is headed by the King, oversees the disciplining of judges. The Minister of Justice also serves as a full-time member of the Council. Asked whether any judges had been prosecuted for corruption or other offenses, Rachid Filali Meknassi, Director of Transparency Maroc, noted that the High Judiciary Council had sanctioned 70 judges at its last meeting. However, he added that "because of the lack of independence, we can't tell if these 'professional faults' were for not following orders from above, or were for actual misdeeds."
¶8. (C)XXXXXXXXXXXXX, described the High Judiciary Council as willing to hold judges accountable for corruption-related offenses, provided there is sufficient evidence. He argued, however, that the Ministry of Justice was unlikely to use Judiciary Council sanctions to punish judges for failing to deliver the desired verdict. "If the Ministry wants to punish a judge for being too independent," he explained, "they don't bother with the Council. They just appoint him to an unwanted post in the desert somewhere and don't let him get promoted."
---------
Influence
---------
¶9. (C) The MOJ's ability to promote or reassign judges makes it difficult for justices to contradict ministry instructions, even if the judge's independent verdict would be in line with the law. Nouyidi, the judicial reform activist, opined, "When judges have not received explicit instructions on a case, they usually act in line with their expectation of ministry preferences," because of their interest in avoiding the disfavor of ministry authorities, which would risk damaging their careers. According to Nouyidi, instructions to judges can come from both inside and outside the Ministry of Justice. Power to influence judicial decisions also resides in the hands of Palace insiders or friends, including the Head of the Supreme Court.
¶10. (C) XXXXXXXXXXXXX. Ironically, he declined to provide the names of any independent judges, noting that is the duty of the MOJ. "Any meeting would have to be set through them," he explained, "they control who can talk." He also added that any judge would "be afraid" to take action without first consulting the Ministry.
¶11. (C) XXXXXXXXXXXXX blamed the political system, rather than
the individual judges, for the lack of principled decisions by magistrates. There are plenty of brave judges who are constrained by politics, he asserted, observing, "When it comes to politics, there is very little room for independence." Citing the irregularities that took place in
the June communal elections, including the use of extra-political pressure tactics to influence mayoral elections, XXXXXXXXXXXXX wondered how 3,000 judges could change the system when even independent political parties succumb to pressure from the State (Ref A).
---------------------------
Corruption and Incompetence
---------------------------
¶12. (C) Filali Meknassi of Transparency Maroc underlined a growing culture of corruption that has made judges amenable to receiving directions from above without complaint. Top level judges can earn as much as USD 4000/month, but even the highest salary is not commensurate with the lavish lifestyle enjoyed by many magistrates, he said.
¶13. (C) Particularly in cases that could have important implications, judges are so accustomed to receiving directions on how to rule that they find it difficult to assert their independence, Filali Menknassi explained. In addition, the lack of transparency in judicial decisions makes it impossible to determine how many decisions are made under direct government influence. A middleman with an agenda could sway judges' decisions by claiming to represent officials in the Ministry, he observed, and even without specific instructions, the judges may act on their own personal biases rather than the law.
¶14. (C) According to XXXXXXXXXXXXX, the incompetence of judges
serves as another major hindrance to independence. "A surprising number of judges do not know the law well enough to apply it correctly and therefore have no idea how to make an appropriate decision," he said. Judges therefore often rely on guidance or instructions from the Ministry as a crutch to compensate for their inability to apply the relevant legal principles. In addition to a lack of knowledge about the law, judges receive very little ethics training, compounding the problem, XXXXXXXXXXXXX added.
------------------------------------
Everyone Agrees It's Time for Reform
------------------------------------
¶15. (SBU) The lack of independence, efficiency, and impartiality in the judiciary remain areas of concern for the Moroccan public, according to a series of focus group discussions on the judicial system conducted by the People's Mirror, the first public opinion research center in the Arab World. Focus group participants expressed their belief that case outcomes "have been decided by the Minister of Justice in consultation with other actors in the government -- not by the judges," a sentiment echoed by many embassy contacts. Participants emphasized that strengthening and improving the role of the judiciary, particularly judicial independence, are necessary but as yet missing steps in Morocco's overall development.
¶16. (SBU) In April, a group of Moroccan NGOs submitted recommendations on justice sector reform to the Ministry of Justice. Without an independent judiciary, they argued, the success of other reforms, including the advancement of women's rights and implementation of the new family code, will be limited. They called for constitutional and legislative reform to remove the judiciary from executive control, and for greater transparency in legal decisions. It is too soon to determine whether and how these recommendations will be incorporated into the new legal reform plan.
-------
Comment
-------
¶17. (C) The judicial system's lack of independence and the corresponding lack of public confidence are impediments to the country's development and reform efforts. Fortunately, the highest levels of the GOM appear to be aware of the need for reform and have shared some of the major principles of their reform plan (Ref B). The King first described his judicial reform plans on July 30, 2008; after more than a year, details have emerged. The GOM has also expressed a desire for U.S. support in strengthening judicial competence and independence. The Mission will continue to work with the Ministry of Justice as it defines its plans, in order to find areas of possible cooperation. Professional training of judges in both law and ethics would be one potential area for assistance. However, assistance will only be "window dressing" without meaningful steps by the GOM to eliminate the opportunity for meddling by government officials. The continued use of the judiciary for political purposes undermines the GOM's otherwise laudable efforts to promote judicial reform and transparency. Ultimately, to reach the societal and political results that the King and GOM leaders have identified as goals, they will have to give up this retrograde lever for political control. In meeting with the
Moroccan authorities, the Mission will continue to press for greater judicial independence. End Comment.
*****************************************
Visit Embassy Rabat's Classified Website;
http://www.intelink.sgov.gov/wiki/Portal:Moro cco
*****************************************
Jackson