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Press releases & protests
January 12, 2007
Ms. Luisa Fernanda Rudi Ubeda
Member of the European Parliament
Chairwoman
European Parliament’s Delegation for Relations with the
Maghreb Countries and the Arab Maghreb Union
Rue Wiertz
BE-1047 Brussels, Belgium
Dear Madam Chairwoman:
On behalf of the World Press Freedom Committee —an organization representing 45 press freedom groups from six continents— I wish to join my voice to the growing international wave of condemnation of the unjust judicial harassment Moroccan authorities are directing at editor-in-chief and publisher of Nichane magazine, Driss Ksikes, one of his journalists, Sanaa Al-Aji, and the publication itself.
On Dec. 20, 2006, Mr. Ksikes and Ms. Al-Aji were accused of committing “offenses against the Islamic religion,” and of “publishing and distributing written material opposed to moral values.” The indictments have already triggered the shutting down of the magazine and could cost both Mr. Ksikes and Ms. Al-Aji prison sentences of up to five years and fines of up to USD12,000.
The authorities brought up the charges after Nichane published an analysis of traditional Moroccan street jokes about politics, religion and sex. On the same day, Prime Minister Driss Jettou banned the sale and distribution of the magazine, ordering the withdrawal of all copies from newsstands and the shutting down of its web site.
After receiving death threats and being the focus of such a harsh judicial harassment, Mr. Ksikes and Ms. Al-Aji have expressed that the article does not share their personal views about religion and issued a public apology.
We believe this behavior by the Moroccan authorities show total disrespect
for the principles of press freedom and freedom of expression which are
emblematic of a free and democratic society. These actions, and the laws that
have been used to indict and harass these journalists, are in direct violation
of Article 19 of the United Nations Universal Declaration of Human Rights, which
reads as follows:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Morocco, as a full member of the United Nations, is a signatory of the Universal Declaration and therefore needs to adhere to these basic principles of human liberty. Furthermore, freedom of opinion and of expression are guaranteed in Article 9 of the Moroccan Constitution.
Likewise, there exists abundant international jurisprudence that rejects the existence of laws —such as Morocco’s 2002 Press and Publication Law, the one used to indict the journalists— that contravene press freedom and freedom of expression.
Specifically, the European Court of Human Rights, in its landmark case Castells vs. Spain, ruled that, “Freedom of expression […] constitutes one of the basic functions of a democratic society and […] is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb.”
What we find shocking and disturbing is how these journalists have been shut down and their rights trampled for the mere reason of exercising their legitimate right to free expression and fulfilling their duty to keep their readers informed.
Therefore, we urge you and your delegation to exert your influence in order to convince the Moroccan authorities to drop all charges against Mr. Ksikes and Ms. Al-Aji and immediately reopen Nichane magazine.
Respectfully Yours,
E. Markham Bench
Executive Director
World Press Freedom Committee
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