Brutal arrest and incommunicado detention of Hamo Hassani

On 15 December 20014, Hamo was violently arrested near his house by security agents without judicial warrant. Initially held incommunicado in an unknown location, he was then charged with trafficking and illegal possession of weapons, despite the absence of material evidence.

On 26 December 2004, he was then transferred to central Temara, near Rabat – a secret detention centre where, under Mohammed VI, the Moroccan secret services "perpetuated the practice of torture, the most sadistic abuses, in appalling detention conditions" – where he remained imprisoned for eight days, during which he was subjected to torture and other forms of ill-treatment. Among others, Hamo was beaten on all parts of his body, electrocuted, quartered and waterboarded. The victim was then transferred to Maarif police station in Casablanca, where he was again subjected to interrogation under torture and ill-treatment. Following this ordeal that lasted a dozen days, the 23-year-old salesman was forced, under threat, to sign police records without being allowed to see them.

Detained incommunicado until 15 January 2005, he was finally brought before the prosecutor in Rabat. Against all expectations, the prosecutor charged him with complicity to murder, even though no victim had been identified in the criminal case file. His lawyer requested the investigating judge to adopt additional investigation measures, in particular to determine the identity of the alleged victim, a request which the judge did not take any follow-up action, in violation of the rights of the defence.

An unfair and arbitrary trial

In the end, Hamo was randomly accused of "complicity to murder", "concealment and mutilation of the alleged victim's body", "constitution of an organised gang aiming at committing terrorist acts", "assembly without prior authorisation" and "carrying out activities as part of an unauthorised association". Despite the victim's allegations of torture and the absence, in his file, of any evidence incriminating him and likely to confirm the police reports, the judge found it unnecessary to open a proceeding.

Brought before the Rabat Court of Appeal on 9 November 2005, Hamo was therefore sentenced to death for complicity in murder on the sole basis of police records containing statements obtained under torture and threat. Moreover, while Hamo was convicted for complicity in a murder, his accomplice, Ben Daoud Al Khamli was released been released following a decision to dismiss his case.

Nine years later, following a significant media and political campaign, Hamo's case was reviewed by the Rabat Court of Appeal. On 20 November 2013, the court reduced his sentence to 15 years, taking into account his young age at the time of the alleged facts.

Hamo then decided to lodge an appeal with the Court of Cassation. On 28 May 2014, the Criminal Chamber of the Court of Cassation rejected his appeal and upheld the Court of Appeal's judgment of 20 November 2013.

Alkarama recalls that Hamo's deprivation of liberty for over 10 years, following a grossly unfair trial, is undoubtedly arbitrary. "The case of Hamo Hassani is only one example of a problem that affects hundreds of prisoners serving long sentences on the sole basis of confessions extracted under torture," said Imene Ben Younes, Legal Officer for North Africa at Alkarama. "Today, we are extremely concerned to note the passivity of the Moroccan authorities with regards to this issue, and in particular their persistent refusal to cooperate with the UN Working Group on Arbitrary Detention, which notably urged the release of Mohamed Hajib and Abdessamad Bettar, currently both on a hunger strike."

Steps taken by Alkarama

In view of the facts and the impossibility for the victim to obtain remedy at the country level, Alkarama asked the UN Working Group on Arbitrary Detention (WGAD) to issue an opinion on the arbitrary nature of Hamo's detention and to urge the Moroccan authorities to take immediate steps to remedy to his situation. The Moroccan authorities must be reminded of their obligations under the International Covenant on Civil and Political Rights (ICCPR), binding upon them by virtue of Morocco's ratification in May 1979, and immediately release Hamo Hassani and grant him adequate compensation in accordance with ICCPR, Article 9(5) .

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