Senate approves law dismantling special court of justice
Morocco, Judicial, 5/12/2004

The House of Advisers (Parliament's Upper House) on Monday passed a law dismantling the more than three decade old special court of Justice.

The Rabat-based Special Court of Justice, is a jurisdiction of exception set up in 1972 to sanction fund misuse by civil servants or magistrates when the amount of money embezzled or misappropriated equals or is higher than 25,000 Dirhams (nearly US$ 2,500). Its prerogatives will be transferred to Courts of Appeal.

The dismantling of this Court, that was long criticized by Human Rights activists, is part of the ongoing reforms of the justice system in Morocco.

A new High Court of justice will be created in Morocco with the aim to "promote ethics in public life,." It will also be able to judge Government members in case of complaints against them by citizens.

Minister of Justice Mohamed Bouzoubaa said, back in January, the creation of this court conformed to article 88 of the Constitution. He denied allegations that this court will be an exceptional tribunal as was the case for the Special court of justice.

According to article 88 of the Constitution, "members of the Government are fully responsible of the crimes and offences committed in the exercise of their duty. They can be accused by the two Chambers of the Parliament and tried by the High Court."

In a speech delivered on January 29, 2003 King Mohammed VI announced a package of measures to reform justice.

"Our objective is to create a specialized justice that, in addition to an efficient settlement of disputes, will guarantee the right to a fair trial and to citizens' equality before the law in all circumstances and in all cases," the monarch said. He also insisted in his speech on the "paramount necessity to set in place a jurisdiction specialized in financial offenses, in order to moralize public life, protect public finances against all kinds of corrupt practices and engrain in the minds the culture and ethics of accountability."

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