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The GDEIM IZIK Case

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The GDEIM IZIK Case The GDEIM IZIK Case Report by International Observer Isabel Maria Gonçalves da Silva Tavares Lourenço Human Rights Activist Member of Fundación Sahara Occidental Collaborator of porunsaharalibre.org [email protected] The GDEIM IZIK Case Isabel Lourenço (Human Rights Activist) LIST OF CONTENT 1. List of content ............................................................................................................... 2 2. Introduction ................................................................................................................... 4 1.1 About the author: .................................................................................................. 6 3. Western Sahara Legal Status ........................................................................................ 8 1.2 Legal Sources: ........................................................................................................ 9 4. MINURSO/UN ............................................................................................................. 12 5. The fourth Geneva Convention ................................................................................... 16 6. Universal Declaration of Human Rights ...................................................................... 21 7. The establishment and dismantling of the Gdeim Izik Camp ...................................... 23 8. The military trial ......................................................................................................... 31 9. Acceptance of the appeal presented in 2013 and new trial ........................................ 37 10. The fairness of the trial ............................................................................................... 41 10.1 Introduction ......................................................................................................... 41 10.2 Torture - The right not to be compelled to confess guilty or to testify against oneself and exclusion of evidence elicited by illegal means, including torture or ill treatment. ....................................................................................................................... 42 10.3 Medical examinations .......................................................................................... 46 10.4 Independence and impartiality............................................................................. 48 10.5 The presumption of innocence ............................................................................. 50 10.6 The identification process .................................................................................... 52 10.7 The right to equality before the law and courts and the principle of equality of arms 53 10.8 The obligation to examine both incriminating and exonerating evidence ............. 55 10.9 The role of the judge ............................................................................................ 58 10.10 The role of the prosecution............................................................................... 60 10.11 The role of the civil party .................................................................................. 61 2 The GDEIM IZIK Case Isabel Lourenço (Human Rights Activist) 10.12 Right to call and examine witnesses ................................................................. 63 10.13 Right to defence and right to be informed promptly of the charge and lawyer/client confidentiality ............................................................................................ 64 10.14 The right to be tried without unfair delay ......................................................... 66 10.15 The right to a public hearing and circumstances surrounding the trial .............. 67 11. New elements to support the accusation ................................................................... 72 11.1 Weapons, Cell phones and Walky-talky ................................................................ 73 11.2 Vehicles ............................................................................................................... 74 11.3 Phone calls ........................................................................................................... 75 11.4 Visits to Algeria .................................................................................................... 76 11.5 Movie .................................................................................................................. 77 11.6 Autopsies ............................................................................................................. 79 12. Intent to link the case to Terrorism charges ............................................................... 81 13. Final Verdict ................................................................................................................ 82 14. Conclusion and final remarks ...................................................................................... 84 15. Annex .......................................................................................................................... 87 Annex I - Summary from the proceedings ........................................................................ 87 Annex II - Interview with Mr. Deich Daff and Mr. El Laarabi Bakay, on the 19th of July 2017, in Salé, Rabat after their release .......................................................................... 233 Annex III - The Gdeim Izik case in the Moroccan Media .................................................. 236 Annex IV - Medical Attention and Hunger strikes ........................................................... 239 Annex V - Imprisonment in Moroccan territory - Psychological, social and economical Impact ........................................................................................................................... 247 Annex VI - Memorandum on 4th Geneva Convention of the French Defence Lawyers .... 254 Annex VII - Written verdict............................................................................................. 271 Annex VIII - Decision of the Supreme Court .................................................................... 273 3 The GDEIM IZIK Case Isabel Lourenço (Human Rights Activist) INTRODUCTION The goal of this report is to bring the discussion to the table about the Gdeim Izik Trial, but also about the events that led to this trial. The Trial of Gdeim Izik cannot be limited to the timeframe and proceedings of the new criminal trial held from 26th December 2016 to 19th of July 2017. To understand this trial it is necessary to introduce the background, the history and the legal status of Western Sahara, as well as the reasons that led the Saharawi population to leave their occupied capital/other cities and join in a peaceful protest camp during one month until the day of the unannounced dismantling by the Moroccan forces. Furthermore, it is essential to deal with the Military Trial in 2013 that led to this new trial. The detainees have been deprived of their liberty due to their exercise of their most basic human right, the right to self-determination. The detainees have been deprived of their liberty in violation of international law. On the outset, I therefore wish to highlight that the Working Group on Arbitrary detention1 regards deprivation of liberty as arbitrary when: “When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights” and in instances of “When the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; 1 See among others Working Group on Arbitrary Detention, No. 26/2016 concerning Hamo Hassani (Morocco) 4 The GDEIM IZIK Case Isabel Lourenço (Human Rights Activist) sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights” Throughout my report and in the summary of the proceedings one has to conclude that this trial was a political one with goals that go beyond the condemnation of 24 accused. The political agenda of the Kingdom of Morocco has been put forward in the speeches of the civil party, the Prosecutor and the judge himself on several occasions. It is also obvious that Moroccan law and International law including agreements and covenants signed by Morocco where violated. As a consequence, this trial cannot be evaluated as a fair trial. As a consequence the Group of Gdeim Izik is to be regarded as political prisoners from Western Sahara subjected to arbitrary detention. The main findings and the evaluation of the fairness of the trial regarding international standards have been already introduced during the proceedings in several reports issued by Ms. Tone Sørfonn Moe and me 2 . The mentioned evaluation of the fairness of the trial is inserted in paragraph 10 of this report. This report will then try to go deeper into the background of this case. In the case of the Gdeim Izik trial it is imperative to apply International law criteria since it is also an occupied territory and has the unique situation of being a non- autonomous territory with two administrative powers (whilst Spain did
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