Le Point Afrique: Why is this rape case beyond belief?
Najat Anwar: Initially, it was an unfortunate case of child rape. The culprits were behind bars, except that it became an extraordinary case given the very young age of the victim, 11 years old, the pregnancy and the child born. So, motherhood at an age that is too young, even impossible, and finally the incredible outcome by ridiculous verdicts from which the rapists benefited. This is a case that moves all Moroccan people, because it looks like the little girl who was punished for being raped by “respectable” neighbors. This case has grown out of control, because it has called into question the protective shield of our justice supposed to protect our children from sexual predators.
Can we say that you have there all the ingredients that participated in the creation of your association? If yes, which ones ?
It’s unfortunate to say it like that, but it’s a whole panoply but not all the ingredients. Because our association created in 2004 and became an NGO in 2015, recognized as being of public utility, was made up of a handful of parents who first wanted to fight the two aspects of pedophilia that threaten our children, one local, and the other, tourist from elsewhere. Also, to fight against the best accomplice of the pedophile who is taboo in an African, Arab and Muslim country. It was, and still is, a hard and long fight. And with this verdict, we are far from seeing the end of the tunnel.
If we go back to the girl who was raped, abused and then impregnated, it should be noted that 15 or 16 years ago, her father would have been handcuffed by “hchouma” (shame) and would never have dared to file a complaint. He would rather have tried to camouflage this tragedy at the expense of the future of his child. The taboo was almost overcome by a change in Moroccan mentalities and civil society supported by the media and social networks which have fought hard to reach this stage where denouncing these crimes has become a civic duty. We are also on a mission to raise public awareness, provide advice and support to child victims and their families, also to advocate for stricter legislation and effective and non-affective enforcement of the law to protect the rights of our children.
What legislation and especially what jurisprudence would seem to you to be in line with contemporary Morocco?
The legislation of the Kingdom of Morocco relating to the protection of our children is based on the 2011 Constitution which imposes special protection of the child against any abuse, violence or exploitation. In addition, our country is a signatory to all international conventions on this subject. It also has articles of law that punish the offenses of child abuse or rape such as articles 484 and 485 which heavily penalize child rapists. As far as case law is concerned, the Supreme Court and other courts have issued important judgments and decisions in recent years in the area of ??child protection. So as you can see, we have an impressive battery of laws to deter any predator who dares touch our children.
But that still remains insufficient, because the problem lies in the human element or especially in the discretionary power of the judge and in the extenuating circumstances in favor of the rapist of the child. For me, remissions should be banned from dealing with such despicable cases. Imagine the little girl from Tiflet who was repeatedly raped by several individuals, who gave birth to a baby whose age difference with her is 12 years, in your opinion what should be the reasonable and fair verdict to pronounce in this scenario? And what extenuating circumstances could be offered to these monsters who took advantage and abused a legally incapacitated and helpless 11-year-old girl for months.
The Penal Code is in the process of reform, what are your proposals?
As the NGO Touche pas à mon enfant, we aspire to a strengthening of the Penal Code and above all of the laws already in place and their compliance with international laws and conventions. As well as a better application of these laws by fairly dissuasive sanctions for pedocriminals without the possibility of mitigating the sentences. And we also call for the implementation of measures to prevent sexual violence and the mistreatment of our children as well as for greater public awareness that it is necessary to prevent, to protect. We should continue to denounce such heinous acts committed against innocent children.
Why the rape of minors in Morocco does not have a severe punishment yet?
I do not completely agree with this assertion, because it is important to emphasize that the rape of minors is considered a crime in Morocco, unlike other countries where it is only a misdemeanor. The perpetrators of these crimes are subject to significant criminal penalties. One of the problems is that unfortunately the legislation does not provide for high enough and mandatory “minimum sentences” for these kinds of crimes. This gives, as in the case of the little girl from Tiflet, sanctions that are sometimes weak, even ridiculous, when the judge uses his power of appreciation. Which is unacceptable when it comes to a child. A child rapist is a monster who deserves no other sanctions than the maximum of the article provided for in the criminal law, without consideration of social or family pressures, of parental withdrawal or other absurd reasons of compassion.
Pending the verdict of the April 13 appeal, what actions are planned by civil society?
While awaiting the verdict of the appeal, we will continue, together with the civil society for the protection of women and children, to raise awareness among the general public and to plead for better protection of children against sexual violence of the type What happened to this poor girl. We are currently providing, with the help of experts and other associations, legal and psychological support to the little victim and her family. Finally, we are campaigning, in collaboration with all civil society, the media and social networks, to put pressure on the judicial authorities in order to obtain an exemplary, dissuasive and reassuring verdict for the girl.
For her, the damage is already done knowing that she needs a serious psychological follow-up to correct or attenuate this drama which will handicap her for many years during her existence. This little girl did not deserve to be the victim of such a tragedy. And the wolves who abused this little shepherdess deserve no indulgence. May God protect her.
