The Moroccan judicial scene is witnessing an unprecedented crisis after the recent statements by the Minister of Justice on the draft Code of Criminal Procedure, which triggered a wave of resentment among judges. The Club of Moroccan Judges considered that these statements crossed all red lines and carried a clear threat to the independence of the judiciary, which prompted the club’s executive office to issue a strongly worded statement expressing its categorical rejection of any interference in the work of judges or an attempt to impose a trusteeship on the judiciary.
Judges reject ‘control’ of the judiciary
In a strong statement issued by the Moroccan Judges Club, the judges emphasized that the Minister of Justice’s statements contradict the spirit of the Moroccan constitution, which enshrines the independence of the judiciary and grants it full powers away from any political or administrative influence. The statement emphasized that the judiciary is not an administrative sector under the Ministry of Justice, but rather an independent authority that is not subject to any interference or dictation from any party, adding that the attempt to influence judges and interfere in their jurisdiction is a serious violation of constitutional principles and directly affects the credibility of justice in Morocco.
An unprecedented attack on the Minister of Justice
The judges’ statement did not stop at a warning, but rather harshly criticized the Minister of Justice, arguing that his statements reflect a mentality that still tries to control the judiciary and treats judges as employees of the ministry, which is completely contrary to the provisions of the 2011 Constitution, which enshrined the separation of powers and put an end to any form of subordination. The club also pointed out that the independence of the judiciary has never been a gift or a favor from the executive authority, but rather a firm royal choice and a fundamental principle in the state of law and justice.
The statement added that the minister did not only try to influence the independence of the judiciary, but also attacked the judges themselves through statements that were considered provocative and insulting, which will not be tolerated.
A categorical rejection of any amendments without the involvement of judges
Regarding the draft amendments to the Criminal Procedure Code, the Judges Club stressed that any amendments to Article 12 of the Code cannot be made without involving the professional associations of judges and taking their opinion seriously, not just as a formality. The club emphasized that any attempt to pass amendments without consulting the judicial bodies directly concerned with implementation would be a clear violation of the principles of consultation and respect for constitutional institutions.
Are we facing an open confrontation between judges and the executive authority?
The current indicators suggest that the relationship between the judiciary and the executive authority is heading towards escalation, as judges have never before confronted the Minister of Justice with such severity. It seems that the crisis will not stop at statements and criticisms, but may evolve into other forms of protest, especially with increasing talk of the possibility of organizing protest vigils for judges, or even boycotting some procedures related to the Ministry of Justice.
In this charged atmosphere, the most important question remains: Will the Ministry of Justice reverse its positions and reconsider the way it deals with judges, or will the crisis worsen further, which could negatively affect the image of justice in Morocco?
The coming days will be decisive in determining the direction of this unprecedented conflict, which may shape the relationship between judges and the executive branch and reopen the debate on guarantees of the independence of the judiciary in Morocco.
Source : Fes News Media