The proceedings against him constitute a violation of his basic rights protected both by the Moroccan Constitution and by the International Covenant on Civil and Political Rights, to which the State is party, and in particular of the provisions of Article 19 guaranteeing freedom of expression.
Mr. Rachid Niny (رشيد نيني), now 41 years old, is the founder and editor in chief of one of Morocco's biggest Arabic-language dailies, Al Massae. He is one of the few critical voices in the media landscape, regularly denouncing in his writing injustices, repression and the corruption of many high officials.
Mr. Rachid Niny has previously already been prosecuted after publishing articles particularly critical of the authorities and denouncing abuses of power and corruption, including the judicial system, which brought his paper a very heavy fine in 2008.
After publishing a series of articles in recent months in which he questioned fraudulent award of public contracts by high State officials, bias in justice, the unfair trials of Islamist militants following the Casablanca events, serious violations of human rights, and excesses in the anti-terrorist struggle, he was subjected once again to various pressures by the authorities.
Thus, on 26 April 2011, his newspaper was required to pay 6 million dirhams in damages and interest to which it had been condemned following a previous trial. On the same day, Mr. Niny was summoned to the National Judicial Police Brigade in Casablanca to be interrogated at length regarding his recent publications.
He was once again summoned two days later for the same purpose and was placed in custody for two days before being brought before the Royal Prosecutor in Casablanca on 1 May and charged with "insults and violence against a public official." He was therefore placed in provisional detention in solitary confinement in Oukacha prison at Casablanca.
His many applications for bail have been rejected by the judicial authorities, even though he offered all guarantees of appearance. His trial, scheduled for 17 May 2011, has just been delayed to next Thursday 19 May.
It seems clear that the authorities are trying to muzzle journalists, in particular those who are critical and denounce corruption and serious abuses committed by certain important people in the political and judicial world.