Latest news with #OmarArbib
Ya Biladi
20-02-2025
- Ya Biladi
Gang rape near Marrakech : Light sentences spark plans for appeal
The Criminal Chamber of First Instance at the Marrakech Court of Appeal sentenced three men to prison terms ranging from six to ten years on Wednesday evening after they were found guilty of abducting a minor with a mental disability and raping her. Following the childbirth of the 13-year-old victim, a DNA test identified one of the accused, a 74-year-old man, as the biological father. Based on Articles 471, 475-2, and 485 of the Penal Code, he was sentenced to eight years in prison for these offenses, in addition to an attempted bribery charge involving a gendarme. The second accused received a ten-year sentence under Articles 471, 475-2, 485, and 488 for rape resulting in the victim's loss of virginity. The third defendant was sentenced to six years based on Articles 471, 475-2, and 485. The court also ordered the three men to pay the victim 100,000 dirhams in damages. Additionally, a symbolic one-dirham compensation was awarded to the Marrakech-Menara branch of the Moroccan Association for Human Rights (AMDH), which joined the case as a civil party, supporting the victim's father with legal representation from 18 lawyers. Following the verdict, the NGO confirmed to Yabiladi that the civil party intends to appeal, arguing that the sentences handed down are too lenient compared to the minimum penalties prescribed by the applicable Penal Code articles. Another legal procedure will be initiated to establish the paternity of the child, given that DNA test results confirmed a 99.9999% match with the accused. Lenient sentences for crimes punishable by up to 20 years Omar Arbib, president of AMDH's local branch, criticized the verdict, calling it both «lenient » toward the perpetrators—despite the repeated nature of the assault—and «unjust » toward the victim. «This ruling fails to meet the standards of justice and fairness, which are essential for true reparation. The sentences are far from exemplary and fail to serve as a deterrent, despite the severity of the crimes. They do not even align with the penal code, which prescribes sentences of 20 years or more in cases involving aggravating circumstances». Omar Arbib After exposing the case and the victim's childbirth, the AMDH branch in El Attaouia raised concerns over the growing normalization of «rape, sexual exploitation of children, pedophilia, and child abuse » in Morocco. While commending the legal team representing the civil party, Saïd Fadili, president of the AMDH branch, condemned the verdict as «disproportionately light, lacking any real deterrent effect, and failing to reflect the severity of the crime ». He emphasized that the association had pushed for the maximum penalties, which could have reached 30 years in prison under the penal code. The association reiterated its call for «zero tolerance » for crimes involving rape, pedophilia, and the sexual exploitation of children, stressing the need for tougher sentences—especially given the similarities between this case and the Tiflet gang rape trial, where sentences were increased on appeal. Calls for harsher sentences and stronger child protection laws For the NGOs supporting the civil party, this trial is an opportunity to advocate for stronger enforcement of the principle of the best interests of the child—both for the 13-year-old victim and her newborn. This aligns with Articles 6, 7, and 8 of the UN Convention on the Rights of the Child, which Morocco has ratified. These provisions guarantee a child's right to protection, identity, and the ability to know their parents. « We will also advocate for these provisions to be included in the ongoing reform of the Family Code, ensuring that paternity recognition is explicitly mandated in law, despite opposition from groups resisting universal human rights », stated Omar Arbib. The NGO Don't Touch My Child « Matkich Weldi » described the first-instance ruling as « a step forward» but still «insufficient given the gravity of the case». Najat Anwar, the organization's president and legal representative in the case, reiterated calls for harsher penalties for sexual crimes against children. She also praised the role of human rights organizations, particularly AMDH, in ensuring the case received public attention. Additionally, the NGO renewed its appeal for «enhanced child protection mechanisms, particularly for those in vulnerable situations», alongside a «strong and exemplary judicial response against perpetrators to eliminate all forms of impunity».
Ya Biladi
20-02-2025
- Politics
- Ya Biladi
Morocco : DNA confirms parentage in El Attaouia gang rape case
After a new hearing this Wednesday afternoon in Marrakech, as part of the trial of three defendants in the repeated gang rape of a minor with a mental disability in El Attaouia, the judges are now deliberating. Activists have asked the criminal chamber of first instance at the Court of Appeal to consider the DNA test results ordered by the prosecution after the 13-year-old gave birth. Added to the case file on February 12, this evidence confirms the biological link between the newborn and one of the three defendants, aged 60 to 72, who are being prosecuted in detention. Omar Arbib, President of the local section of the Moroccan Association for Human Rights (AMDH-Marrakech Menara), told Yabiladi that the «scientific evidence» against them is irrefutable, and «must lead to tougher penalties». On the eve of Wednesday's hearing, the NGO, which has become a civil party, reiterated its «firm condemnation» of the acts in question and the «violation of human dignity» they represent. The minor gave birth at the Kelâa des Sraghna hospital on January 10. «The civil party is now represented by 18 lawyers», Arbib confirmed. Considering the new facts, the NGO demanded «that the indictment be legally adapted to ensure the child's right to an identity, in accordance with the Convention on the Rights of the Child, specifically Article 7, which stipulates that the child must be registered immediately after birth and has the right to a name, a nationality, and, as far as possible, the right to know their parents». The main defendant is being prosecuted under articles 471, 475-2, 485, and 488 of the Penal Code for the abduction of a minor with a mental disability, and rape with violence leading to the loss of the hymen. The second is charged with abduction of a minor and rape with violence, under articles 471, 475-2, and 485. The third faces penalties under articles 471, 475-2, and 485 of the same text. The association has called for «more severe and deterrent penalties», to make this trial «exemplary in its response to crimes that constitute serious human rights violations, with guarantees of reparation for the victim, her child, and her family». This trial is unfolding in a context where the use of DNA testing as proof of parentage is debated, both in the application of penal provisions and in the reform of the Moroccan Family Code. In this case, the association believes that the proceedings highlight «the need for an overhaul of the Penal Code, which must expressly recognize pedocriminality and the rape of minors as physical and psychological sexual violence», while ensuring «the best interests of the child». Along the same lines, the NGO argued that «any refusal or circumvention of the obligation to prove parentage by DNA testing in amendments that could be introduced into the Family Code would render these amendments meaningless, perpetuating inequalities that ignore the rights of victims and the best interests of the child». In the same vein, the association called for the implementation of «a large number of the recommendations made to Morocco, following the adoption by the Human Rights Council in March 2023 of the Universal Periodic Review report». These recommendations total 306, more than 30 of which specifically address children's rights.
