Morocco: a citizen has the state condemned
The courts have ruled, but the damage is done. The administrative court of Rabat has just condemned the state to compensate a bank executive who was wrongly imprisoned. Definitively recognized as innocent after an abusive pre-trial detention, the man receives financial compensation, which is quite meager compared to the social and professional disaster he has suffered.
The verdict came as a belated recognition of the ordeal endured. While the victim was claiming five million dirhams to repair the material and moral damage, the court awarded him 100,000 dirhams.
The judge based his decision on Article 122 of the Constitution, considering that the definitive acquittal of the accused proves that his pre-trial detention constituted a judicial error engaging the responsibility of the State. While the prosecution has the power of appreciation to incarcerate, this must not infringe on the presumption of innocence or veer into excess.
This judgment closes a nightmare that began in March 2015. Arrested by the Royal Gendarmerie in Berrechid while driving a car he had just bought, this bank executive was accused of document forgery and belonging to an international vehicle trafficking network.
The consequences of this unfounded accusation were devastating. Although cleared by the Court of Appeal, the man lost everything in the meantime: dismissed by his bank due to the prosecution, he also suffered a media lynching, his name being associated with organized crime before his innocence was fully established.
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