Royal power and judicial independence in Morocco
chairman of CIH, Moulay Zine Zahidi,8 who had fled abroad. He had been made the subject of a wanted notice and was due to be tried in his absence. The message from Zahidi, who had held several ministerial positions including the privatisation portfolio, had a breathtaking clarity. Neither the parliamentary investigation nor the documents on which the proceedings were based gave a true picture of the facts. The most dubious credits and unfair transactions that he had had to authorise were at the request or instruction of well-placed individuals in the state. His attempts to address the late Hassan II and King Mohammed VI about these matters were met with signals that he should ‘wipe the slate clean’.
reforms intended to combat corruption, the special court of justice was abolished. This means a written order from the Minister of Justice will no longer be needed to initiate criminal proceedings, something Transparency Maroc and other NGOs have long been seeking. The minister’s power to obstruct inquiries has not been reduced, however. He still heads the prosecuting authorities, which follow his instruction on when to commence proceedings, and he exercises extensive power through the judicial service commission. This prevents the system from assuming its real responsibilities in the fight against corruption.
As of September 2006, no political or administrative responsibility has been recognised beyond that of CIH’s senior management. The judicial process is expected to ensnare only lower-level staff who may have acted out of greed, but certainly also out of fear in a public service where principles of order and secrecy guide personal conduct and career advancement.
Lack of transparency in trials like the CIH affair and flagrant interference by the government in their handling leave the independence of the judicial system in question. This is why judicial reform is a priority for civil society. More support is needed, especially for the notion of judicial security of tenure, which would shield judges from government pressure. At present, this prospect remains remote.
Has this affair contributed to judicial reform? It is difficult to be certain. Among specific
Transparency Maroc, Casablanca
8 The first interview was published in Nouvel Hebdomadaire, 19 October 2003; a second appeared in Le Journal Hebdomadaire on 20 May 2006.
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