VZCZCXYZ0000
PP RUEHWEB

DE RUEHRB #0443/01 1531237
ZNR UUUUU ZZH
P 021237Z JUN 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 0163
INFO RUCNMGH/MAGHREB COLLECTIVE

UNCLAS RABAT 000443 
 
SIPDIS 
SENSITIVE 
 
STATE FOR L/LEI, NEA/PI AND NEA/MAG 
 
E.O. 12958: N/A 
TAGS: PHUM CJAN EAID PGOV KJUS KCRM MO
SUBJECT: MOROCCO: JUSTICE MINISTER SUMMARIZES JUDICIAL 
 
REFORM STRATEGY 
 
¶1.  (SBU) Summary: The Moroccan Ministry of Justice (MOJ) 
plans on upgrading and expanding the number of courts, 
increasing the number of judges, and raising the standards of 
training for judges and other legal professionals in Morocco. 
 On May 20, Minister of Justice Abdelwahed Radi told Charge 
and a visiting American Bar Association (ABA) delegation 
about some of the major provisions of MOJ's much anticipated 
reform plan, to be presented to King Mohammed VI within the 
next few months.  To address the acute problem of case 
backlogs, Radi expressed the need to computerize legal 
functions and upgrade Morocco's penal code.  The MOJ is open 
to U.S. assistance through government channels or through 
organizations such as the ABA.  End Summary. 
 
----------------------------- 
Ministry of Justice in Reform 
----------------------------- 
 
¶2.  (SBU) On May 20, Charge, accompanied by D/PolCouns and 
representatives from the American Bar Association (ABA), met 
with Minister of Justice Abdelwahed Radi, Secretary General 
Mohamed Lididi, Director of Penal Affairs M,Hamed 
Abdennabaoui, and Director of Cooperation and Modernization 
Abdelmajid Rhomija at the Moroccan Ministry of Justice (MOJ) 
to discuss Moroccan judicial reform efforts.  Radi began the 
meeting by complimenting the work of the ABA, adding that 
Morocco was prepared to cooperate with the ABA on judicial 
reform efforts.  In addition to defending the population 
against the menace of corruption, organized crime, drugs, and 
terrorism, Radi said Morocco needs a stronger judiciary to 
keep up with its developing democracy and free market. 
Citizens and entrepreneurs need a means to defend their 
property rights and efficiently resolve business conflicts, 
he added. 
 
¶3.  (SBU) Radi said the Ministry is reaching the final stages 
of a judicial reform package that it intends to present to 
King Mohammed VI within the next several months.  He said 
that the MOJ has been in consultations with politicians, 
labor unions, and legal/civil society groups to arrive at a 
set of recommendations.  Radi said that the document focused 
on two major areas of reform:  institutional and tribunal 
(i.e., court) reform.  At the institutional level, he 
underscored the need for increased safeguards for the 
independence of the judicial branch of government vis-a-vis 
executive authority, which Radi clarified to mean 
"independence from royal and governmental influence." 
 
--------------------------------------------- ------- 
Reform:  Better Infrastructure, Judges, and Training 
--------------------------------------------- ------- 
 
¶4.  (SBU) Radi emphasized that tribunals need improvements at 
every level.  He opined that the first area of focus should 
be to upgrade and expand the physical infrastructure of the 
courts.  In addition to improving existing buildings, Morocco 
needs to expand the number of courts to better serve 
Moroccans, he said. 
 
¶5.  (SBU) Radi explained that the MOJ is trying to improve 
court efficiency and reduce case backlogs stemming from 
technical and legal defects.  Radi said that by the end of 
2009, the Ministry plans to introduce computers into most 
tribunals.  This year, he said that 38 percent of the budget 
is dedicated to modernization and physical upgrades of the 
tribunals.  The European Union is assisting by implementing a 
program of modernization and computerization of 40 tribunals 
in Morocco.  The Ministry hopes to bring the remaining 40 
tribunals in Morocco up to a similar standard of automation. 
 
¶6.  (SBU) As a second priority, Radi complained about an 
acute lack of legal professionals serving in the judicial 
field, particularly judges and qualified legal staff.  To 
address the problem, he said MOJ has drafted a recruitment 
and training plan for judges and other critical positions 
with a four- to eight-year time horizon for implementation. 
Radi recalled that in the last eight years, the MOJ had 
doubled the number of judges, adding that it was aiming to 
double again the current number of judges in the next four 
years. 
 
¶7.  (SBU) Emphasizing the need to "moralize the profession," 
Radi said the Ministry's plan calls for raising the 
professional standards of legal staff through training and 
increasing requirements and experience levels for judges.  He 
said that in addition to seeking greater safeguards of 
independence, the Ministry plans to recruit judges with a 
record of integrity and who will not yield to pressures of 
money, political leaders, media, and "central authority," 
 
i.e., the Palace.  Radi said the Ministry plans to train new 
judges to be aware of their unique position in society and to 
defend their independence. 
 
¶8.  (SBU) The civil and criminal codes must be modernized to 
keep up with broader modernization and democratization 
efforts in Morocco.  Radi complained that some statutes go 
back to the days of the protectorate.  Identifying another 
critical area, Radi said that the inability of the state to 
adequately pay public defenders was a major shortfall and 
source of inefficiency in the current court system.  Although 
a legal defense is guaranteed by the Moroccan penal code, 
many public defenders assigned to cases are not compensated 
adequately, or at all, for their services. 
 
------------------ 
Open to Assistance 
------------------ 
 
¶9.  (SBU) Radi expressed openness to any assistance that the 
U.S. Government or ABA might offer to the Ministry.  "We will 
take whatever assistance you can provide," he said, before 
inviting ABA officials to engage in follow-up meetings with 
members of the DOJ Secretary General's staff.  He said that 
"his Ministry's policy is to be open to everyone;, that no 
country has the complete truth; and that it can benefit from 
inputs and experiences from all countries." 
 
¶10.  (SBU) Comment:  This is the first glimpse that the MOJ 
has provided into its judicial reform strategy.  We were 
heartened by Radi's prescriptions for addressing Morocco's 
troubled judicial system.  Even if the plan submitted to King 
Mohammed VI in the coming months falls short of all goals 
laid out by Radi, his unusually candid assessment of the 
judicial system's problems, especially internal corruption, 
was refreshing.  The comprehensiveness of the plan and the 
MOJ's apparent openness for increased U.S. assistance, 
suggests the MOJ's reform efforts not only have Royal impetus 
but may actually improve the situation in Morocco's court 
system in the coming years.  Post will examine possible areas 
we may be able to assist the MOJ with its reform strategy. 
We understand that the ABA has submitted five proposals for 
possible Middle East Partnership Initiative funding.  End 
Comment. 
 
 
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Visit Embassy Rabat's Classified Website; 
http://www.intelink.sgov.gov/wiki/Portal:Moro cco 
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Jackson