The criminal chamber of the Court of Appeal in Salé decided on Tuesday, 11 July, to resume consideration of the case concerning the events in Gdim Izik, July 18, 2017, said Attorney General of the King at the Court of Appeal in Rabat, Hassan Daki.
Tuesday's hearing was devoted to the continuation of the prosecution's response to the pleadings of the defendants lawyers, focusing on 22 points essentially on the jurisprudence of the Court of Cassation which state that the substantive courts are not required to specify the material act committed by each of the defendant in the case of multiple perpetrators of homicide and the fact that the defendants were not prosecuted for kidnapping crime before military court since police force was not victim of such an act, said Mr. Daki in a statement to the press.
The public prosecutor explained that he had referred to the criminal record of some of the defendants, not to prove their offense, but rather to demonstrate the danger they represented, which made inadequate exception of non-submission of sheets 2 , Mr. Daki said.
He also noted that the failure to try the defendants for unlawful assembly by the military court does not prevent prosecuting against crimes committed during the dispersal of the gathering in accordance with article 23 of the Dahir concerning public gatherings.
Similarly, the exception on the non-decisive nature of the conclusions of the medical reports is unfounded and runs counter to the obligation of the Medical Committee to comply with the criteria laid down in international conventions, in particular the Istanbul Protocol, Public Prosecutor said, who concluded by confirming the contents of indictment, supported by the memorandum he had produced in previous hearings.
The defense of the civil party reacted, saluting the professional treatment given to the to the case, presenting an honourable image to the "profession".
The defense of the civil party also pointed out that although criminal law established the principle of presumption of innocence and impunity, noting that the Court of Cassation, by breaking the judgment of the Military court for failing to specify the constituent elements of the crime provided for in Article 267 of the Criminal Code (CP), did not rule on the facts that could be requalified (on the basis of article 432 of the Code of Criminal Procedure ), in the crimes provided for in Article 201 of CP.
The public prosecutor explained that, in execution of the order of the Court, the Registrar went to the premises for the detainees to read the minutes of the hearing before but, once again, they interrupted him by refusing to listen to him, which prevented him from properly accomplishing his mission, adding that he then went to the penitentiary to inform the other defendants about the conduct of the hearing.
Mr. Daki also noted that the defendants in custody were brought back to appear at this hearing, with the exception of two of them who produced medical certificates issued by the prison doctor.
Similarly, the two defendants were tried in the state of freedom, lawyers assigned to defend them, and the defense of the civil party, he added, indicating that the defendants refused to join the courtroom to appear before the Court, which decided to continue the examination of the case in their absence in accordance with the provisions of Article 423 of the Code of Criminal Procedure, and inform them at the end of the hearing of the trial, through the clerk.
The King's prosecutor also stressed that all measures have been taken to facilitate access for anyone wishing to attend the trial, followed by relatives of victims and defendants, observers and national and foreign media.
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