18 May 2011

Morocco: Arrest and arbitrary detention of Rachid Niny, editor in chief of the daily Al Massae

Mr. Rachid Niny is editor in chief of one of Morocco's biggest Arabic language dailies, Al Massae. He has more than once been prosecuted for writing critical articles. On 28 April 2011 he was summoned to the office of the National Judicial Police Brigade in Casablanca and placed in custody. On 1 May, he was charged based on the penal code, rather than for a press offence.

On 17 May 2011 Alkarama addressed an urgent appeal to the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and to the Working Group on Arbitrary Detention, asking them to enjoin the Moroccan authorities to stop their persecution and immediately free Mr. Niny.

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.

Our organisation, the family and relatives of Mr. Rachid Niny, and his Support Committee and lawyers, express our serious fear that he will be punished for the peaceful exercise of his right to freedom of expression.

Yemen - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Accessed on 09.02.1987
Optional Protocol: No

State report: Due on 30.03.2015 (6th)
Last concluding observations: 23.04.2012

Convention against Torture (CAT)

CAT: Accessed on 05.11.1991
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Overdue since 14.05.2014 (3rd)
Last concluding observations: 17.12.2009

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 01.2014 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

No