Each day brings us its allotment of situational conflicts which only reinforce our conviction that a global and urgent reform of the Moroccan system of justice is called for. The reforms should encompass jurisdictions under Islamic law as well as common law courts.
These reforms are even more necessary as judicial proceedings demonstrate in a glaring manner that the native Moroccan is not covered by any legal guarantees in his homeland.
In Islamic courts, he is relieved of his money and his rights are dismissed.
In tribunes for the common law, he is unable to ensure his legal defense. His lot is in the hands of the Pasha or Caid who do as they please.
The least that could befall the plaintiff is to be sent to prison without taking into consideration the most elementary rules of judicial due process.
The violation of his home is commonplace, confided to the most ignorant of assistants for law and order who invade without legal proof and without a proper search warrant dictated by explicit public security concerns.
Justice is the most sacred of powers the government is called upon to uphold. If it fails, everything will thrown upside down, and the affairs of the nation risk tumbling into the deepest abyss.
In Morocco, there is little to think highly of with respect to justice. It is conducted in a very superficial manner and is far removed from the reforms demanded by the Moroccan people to ensure a better working of justice with a new organizational structure better adapted to the spirit of fairness which it lacks at present. To speak frankly, Morocco's system of justice could be defined as the setting for where one finds injustice par excellence.
In contrast to foreign residents, the native Moroccan is deprived of all guarantees which can safeguard his freedom because he is condemned to deal with jurisdictions where chaos reigns supreme and where he finds himself in the hands of judges with no scruples. He is judged by the Cadi, the Pasha or the Caid [5] , who announce their verdicts not in the name of fairness and justice, but for something else that all Moroccans, if asked on this matter, would respond spontaneously: 'for the money.'
If one wishes to be devoted to a business which brings in substantial profits; if one wants rapid access to great wealth, then the best means to attain these is to choose to be a judge in Morocco. Will this predicament continue? Only God knows for how long. The patience of Moroccans has run dry, tales of embezzlements committed by judges are on the tips of every tongue and justice has lost its sacred meaning.
Morocco has on many occasions been insistent and demanded that any reform of its system of justice must be subjected to review based on new foundations which take into account no criteria other than that of equity. Results from previous attempts to review the justice system have all been below expectations. Hence the moment has come to submit the questionable practices of our justice system to a serious study whose conception and elaboration should be conferred upon a team of experts carefully chosen from those specialists in judicial matters from Moslem countries and from countries who have placed justice at the top rung of their priorities.
When will we see these jurists at work so we can look forward with optimism and hope that Morocco will at last have a guarantee for a justice system of some respect?
[5] The legal system in Morocco under the protectorate was based on Islamic law or 'Chariaa' and on common law as derived from French and Spanish civil law. The two systems were separate. Religious litigation involving Moslems was addressed in Islamic courts, while civil complaints for all Moroccans regardless of their religion were handled by common law tribunals. At the municipal level the ultimate authority presiding over the Islamic court was the Cadi. His counterpart on common law matters was the Pasha who not only served as the executive officer of the city's administration but also oversaw common law proceedings. The Pasha appointed a Caid to be his assistant to perform a similar function in the surrounding rural communities outside the city limits.