Académique Documents
Professionnel Documents
Culture Documents
Student prisoners
Group Companions of
El Uali
Isabel Loureno
15th November 2017
1. Introduction
2. Western Sahara Legal Status
3. Background
4. Accusations/Charges, evidence file, convictions
5. Arbitrary detention
6. Tortures
7. Hunger strikes
8. Conditions in Oudaya Prison
1. Introduction
My name is Isabel Maria Gonalves da Silva Tavares Loureno, I have
Portuguese nationality, and am a member of Fundacin Sahara Occidental
and collaborator of www.porunsaharalibre.org.
Since February 2013 I attend the trials of Saharawi Political Prisoners as an
International Observer with accreditation from Fundacin Sahara Occidental. In
2014 I have visited the occupied territories of Western Sahara and attended the
trials of 4 political prisoners in Western Sahara and one in Agadir, travelling from
El Aaiun to Rabat by the same route and in public transportation passing several
prisons throughout the way to size the difficulties and distances families have to
overcome and travel to see the Saharawi political prisoners. In Rabat I had
meetings with several embassies and also with a representative of the General
Administration of Penitentiaries and Social Reintegration. I stayed in the
apartment of the families of the Gdeim Izik group in Sal. In 2015 when I was
travelling to attend the trial of two Saharawi journalists that where illegally
detained I was expelled from El Aaiun Airport by force by the Moroccan
authorities without any explanation other that I was "persona non grata". A few
months afterwards I have attended another trial in Agadir, always under huge
pressure and surveillance. In 2016, 2016 and 2017 I continued to attend trial of
Saharawi political prisoners in Agadir and Sal, Rabat, as well as issued reports
on this matter and follow up with the families of the detainees the situation of
several prisoners. The situation of the group of Students held in Marrakesh, since
2016 , I have been following up through contacts with several organizations on
the ground as well as close relatives.
During all my visits police and other representative of the Moroccan authorities,
in uniform as well as in plain clothes, continually followed me. I was filmed and
photographed and even detained (2014), and my passport was repeatedly
taken for long periods of time by the police officers.
It is obvious that the occupation is only possible due to the huge presence of
military, police and auxiliary forces and their brutal tactics, and also due to the
fact that the international community is complicit with the silence about the
occupation and the stalemate in the United Nations Security Council.
26 years after the ceasefire that was never broken by the Saharawi, who resist
peacefully, the patience of the population is coming to an end and a peaceful
and just solution must be implemented in the last African colony.
For the last four years I have been gathering information and denouncing the
situation of the Saharawi political prisoners in Moroccan jails in the occupied
territories as well as in the Kingdom of Morocco. My reports are based on direct
observation during trial and visits, interviews with family members of current
political prisoners, and ex-political prisoners, as well as several international
observers who attend trials of Saharawi political prisoners. In some cases it was
possible to have direct phone contact with Saharawi prisoners.
Arbitrary detention, abductions, ill-treatment and torture, are a reality vastly
documented by numerous national and international NGOs including Amnesty
International and Human Rights Watch and present in the reports submitted by
Mr. Christopher Ross, special envoy of the Secretary General the United Nations
and the 2013 report of special Rapporteur on torture and other cruel, inhuman
or degrading treatment or punishment, Juan E. Mndez . Mr. Mndez reaffirmed
Saharawi citizens are abducted from their homeland by the occupying forces
and transferred to prisons in the Kingdom of Morocco, the legal procedures and
international requirements were not observed with the over 60 Saharawi political
prisoners that are currently in Moroccan jails, their trials were faulty, with no
evidences produced other than confessions obtained under torture. Currently
almost all Saharawi political prisoners are detained in the Kingdom of Morocco,
hundreds and thousands km from their homeland.
The present Information is far from exhaustive and gives only a partial view of the
continues and grave ill treatment the Saharawi Students, detained in Oudaya
Marrakesh were subjected to, as well as, the violations committed by the
Moroccan authorities in this case. The information gathered were verified with
CODAPSO, Mr. Sidi Haiba Habibi of the Saharawi League for the Defence of
Political Prisoners, Mr. Sidi Mohamed Balla of AFRAPEDESA, the Student
associations and family members, Mrs. Cristina Martinez Bentez de Lugo,
observer at the trial session of thw 9th of June and Mr. Emilio Garca, member of
SOGAPS and accredited as International Observer on the session of 13th of June
2017 as well information of the families of the detainees.
1
http://webtv.un.org/media/watch/jens-modvig-committee-against-torture-malcolm-evans-subcommittee-on-prevention-
of-torture-and-juan-mendez-un-special-rapporteur-on-torture-press-conference-18-october-2016/5175282306001
2
UN General Assembly, 1966, Resolution 2229 (XXI).
3
ICJ Reports, 1975, p. 68, para. 162.
4
Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights.
On 21 December 2016 the European Court of Justice delivered its judgment, 5in
the Appeal in Case C-104/16 P, under Article 56 of the Statute of the Court of
5
http://curia.europa.eu/juris/document/document.jsf?text&docid=186489&pageIndex=0&doclang=EN&mode=req&dir&occ=first&
part=1&cid=529355
3. Background
In the occupied territories of Western Sahara there are no higher education
institutions of any kind. Those young people who wish to continue their studies
are forced to go to Universities and Institutes in the Moroccan Kingdom. This
forced displacement has from start a bias effect since the families have to
gathered the economical means to send their children to at least 620km to
Agadir the nearest University, which has a nucleus in Guelmin with only few
courses.
The majority of the Saharawi University Students are therefore in Agadir and
Marrakesh. Medicine, Physics, Chemistry, Pharmacy and aeronautics are
courses that are forbidden to the Saharawi Students.
Saharawi Students are organized having groups inside each Campus to help
The segregation of the Saharawi students is also evident in the fact that their
scholarship is identical to the Moroccan students who study in their own cities,
where they live, whilst the Saharawi have forcefully to displace themselves,
which represents a completely different economical effort.
After this attack the Saharawi students in Marrakesh and Agadir discussed and
analysed the situation, and the escalation of racism and harassment against
them by Moroccan students.
The group that had injured Lazar Yahia enjoyed impunity and the Moroccan
authorities did not act to punish the act nor prevent future attacks. In light of this
the Saharawi students decided to make a non-violent sitting protest demanding
justice and denouncing the situation, in the campus of Marrakesh university on
the 23rd January 2016.
During the sitting protest several groups of Moroccan students arrived and
started a confrontation with the protesters, a fight broke out between the two
groups. Among the Moroccan groups was Omar Khalek, a Moroccan, who was
Information - Saharawi Student prisoners 9
not a student at the time in the University, but who joined the fight with his friends
and ended up dead. It is not possible to clarify how he died nor who the
perpetuators were.
In the aftermath over a dozen Saharawi Students and activists were detained in
the first trimester of 2016 and the following months.
The students denounced that their detention was mainly due to their political
beliefs towards the cause of Western Sahara. They were arrested and suffered
torture and ill treatment on the hands of the Moroccan police. In the absence
of a serious investigation and a fair trial, as well as the respect for their status as
political prisoners, they decided to enter several hunger strikes during their
detainment.
The trial of theses students was postponed twelve times. The majority was in
prison for 501 days without trial, which is far more than allowed by Moroccan
law.
Abedmoula Elhafidi said that he was abducted in Boujador and that he was not
in Marrakesh on the 23rd of January, but in Agadir. He regretted that his
witnesses were not summoned to testify by the court.
During the session three of the accused had to leave the room since they were
sick.
4 Defense attorneys were present at this session.
The 4 International Observers present (Mustapha Mohamed; Fernando Magn,
Unai Orbegozo and Cristina Martnez) had difficulties to receive authorization to
enter and had to stand outside the court for over two hours, their translator was
not allowed to enter.
The trial was postponed to the 13th of June 2017. On the 13th of June, Mr. Emilio
Garca, accredited by Fundacin Sahara Occidental, went to Marrakesh but
was not allowed to enter the court room as well as his translator, Mr. Sidi
Mohamed Balla. The trial was scheduled for 10 a.m. but the session started one
hour earlier, only so that the Judge informed that the trial would be postponed
to the 22nd of June. Mr. Garca wanted to contact with the defence lawyers
inside the court.
On the 22nd of June 2017 no International Observers were present, the trial
lasted for 8 hours, starting at 13h00. The charges presented were not the initial
ones, but instead murder without intent to kill, namely articles 401, 402 and 403
of the Moroccan Penal code with sentences between 2 to 20 years.
The lawyer of the civil party demanded that messages published in Facebook
would be included in the file of evidence but the court did not accept it. The
whole case was solely based on the minutes that were written by the police and
which the accused denounced as being false and signed under torture.
The trial ended with the sentencing of 4 accused to ten years in prison and 11 to
3 years in prison. Laghdaf Lakan and Mustafa Hmaidat had not been sentenced
5. Arbitrary detention
According to the information given by the detainees none of them were shown
any warrant for their detention when they were taken by the police nor any
warrant to enter their residences in the cases they were detained inside their
living quarters.
They accused were not informed about their rights when detained.
6. Tortures
The first group of 11 students detained in January 2016, denounced that they
were tortured during18 days, during which the police redacted the minutes that
are the base of this case, obtained false confessions and forced the signature of
the documents.
The remaining prisoners were tortured for the time span needed for them to sign
the minutes that were already redacted based on the minutes of the first group.
The tortures used were: grilled chicken; beating with batons, beating of the foot
soles, psychological torture and threats of sodomy and rape, sleep deprivation,
starvation, beatings with fists and boots in the whole body, including the head.
Azziz Wahidi, who has a degree, made an individual hunger strike that lasted for
53 day, demanding his right to continue his studies in prison to obtain his master.
The Moroccan authorities did not comply with his demand although it is a right
according to law.
Ahmed Abba Ali, detention No. 4327, student in Agadir, detained in Marrakesh,
responsible of contacts with Moroccan students and student groups born in
1992 in Tantan, arrested 24/01/2016; sentenced to 3 years
Ali Shargui, detention No. 4335, first year student in Agadir, detained in
Marrakesh, born in 1994 in Assa, arrested on 24/01/2016; sentenced to 3 years
Ibrahim Almasih detention No. 4329, student in Agadir, born in Assa in 1993,
arrested on 24/01/2016 in Marrakesh; sentenced to 3 years
Salek Baber, detention No. 4332, student in Agadir, born in 1993 in Tantan,
spokesperson of the first year Saharawi Students in Agadir, arrested on
24/01/2016 in Marrakesh; sentenced to 3 years
Mustafa Burkah, detention No. 4326, student in Agadir, born in Tantan in 1989,
arrested on 24/01/2016 in Marrakesh, sentenced to 3 years
Omar Beijni, student in Marrakesh detention No. 4661, born in 1991 in Guelmin,
arrested in El Aaiun 15/03/2016; sentenced to 3 years
Nasser Amenkour, detention No. is not a student, he was in one of the sutdent
houses when he was arested El kantouai in marrakesh, 24/01/2016 , sentenced
to 3 years
Laghdaf Lakan - detention no. , 1993 Zak, arrested in 06/2017 in Estaacoin bus
marrakech, student in Marrakesh - released in Ocotber 2017 with time served
Lawyers: