Morocco’s Court of Cassation has dismissed the appeal of two imprisoned journalists, Omar Radi and Soulaimane Raissouni, upholding their convictions on appeal on charges of sexual assault of which they claim to be innocent. The kingdom’s highest court “rejected [Tuesday, July 18] our appeal and confirmed the prison sentences against Omar and Soulaimane,” Miloud Kandil, their lawyer, told AFP on Wednesday. The judgment of the Court of Cassation will not be published for several days.

Omar Radi, 37, and Soulaimane Raissouni, 51, were sentenced on appeal to six and five years in prison respectively in 2022 in sexual assault cases, charges they deny. They have been behind bars since 2021.

“We expected this decision despite the countless irregularities that marred the procedure, reacted to AFP Driss Radi, the father of Omar Radi. We know that justice is not independent in this case, but we hope for a royal pardon to close this file which has damaged the image of our country so much. In Morocco, pardon can be granted by the sovereign or by Parliament.

Last week, lawyers for the detainees and human rights defenders in Morocco urged the authorities to find a “judicial, political and legal way out” so that the two journalists can regain their freedom. The lawyers had warned about their state of health and their conditions of detention, “which do not respect basic rights”, according to them.

“The signal sent is disastrous,” reacted Khaled Drareni, the representative of Reporters Without Borders (RSF) in North Africa. RSF calls on the Moroccan authorities “to put an end to this inhuman legal ordeal and to release” the two journalists, he added. In a statement, the New York-based Committee to Protect Journalists (CPJ) expressed “deep disappointment.” “Morocco has lost an opportunity to turn the tide on its retaliatory measures against independent journalists, whose voices are so desperately needed in the country,” said Sherif Mansour, CPJ’s Middle East and North Africa Coordinator.

Hunger-strike

But for the Moroccan authorities, Omar Radi and Soulaimane Raissouni were tried for common law crimes that “have nothing to do” with their profession or respect for freedom of expression. Questioned by AFP, feminist lawyer Aïcha Guella, president of the Association for the Rights of Victims (AMVD), welcomed the judgment, deploring that “MM. Radi and Raissouni and their supporters are trying to politicize these cases when the facts have been established in court.” Ms. Guella criticized foreign NGOs for “instrumentalising the two cases for purely political ends”.

Raissouni, a columnist critical of the authorities, was sued for “sexual assault” by a young LGBT activist, a charge he always rejected in court, saying he was being prosecuted “because of his opinions”. Arrested in May 2020, he did not attend most of his trial at first instance, between February and July 2021, due to a 122-day hunger strike.

Mr. Radi, a freelance reporter and human rights activist, was arrested in July 2020. He was prosecuted for “undermining internal state security” with “foreign funding” and “rape”, two separate cases tried together. Accused of rape by an ex-colleague, the journalist spoke of “voluntary relations”. Journalist Imad Stitou, who had corroborated Mr. Radi’s version and said he was in the same room at the time, was sentenced to one year in prison, including six months, for “failure to assist a person in danger”. The judgment confirmed the sentence of Mr. Stitou, who left Morocco.

In a report published in July 2022, the NGO Human Rights Watch (HRW) denounced in Morocco the use of trials for common crimes, in particular sexual crimes, as “techniques of repression” aimed at silencing journalists and opponents. Faced with these criticisms, the authorities insist on “the independence of justice” and “the rights of victims”.

In January, the European Parliament expressed concern about the deterioration of press freedom in Morocco, referring in particular to the imprisonment of Omar Radi, in a resolution adopted by a large majority and which had triggered the wrath of the Moroccan political class and media.