Morocco moves to abolish death penalty

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Morocco has not carried out an execution since 1993, although courts continue to place those convicted of aggravated murder on death row. [Getty]

For the first time, Morocco will vote to abolish the death penalty, marking a pivotal moment for human rights in the North African Kingdom and, according to activists, the start of a broader fight for freedom.

On 9 December, Justice Minister Abdellatif Ouahbi informed the Moroccan Parliament of the country’s decision to support the United Nations’ 10th resolution on a moratorium on the death penalty, scheduled for the UN General Assembly on 15 December.

This marks the first time the North African kingdom will back such a resolution, after abstaining for two decades.

“This is a commitment to protecting the right to life, in line with the Moroccan Constitution”, Ouahbi told the Parliament on Monday.

Article 20 of Morocco’s Constitution asserts that “the right to life is the foremost right of every human being, protected by the law.”

The vote will impose a two-year moratorium on executions. The Justice Minister has also pledged to amend the penal code to abolish capital punishment permanently.

Since 2016, the government has struggled to push through broader penal code reforms due to political infighting. Earlier this year, the government passed a bill that focuses on rehabilitation for convicted criminal, except for those convicted of serious crimes or repeat offenders.

The Justice Minister is now urging lawmakers to unite across party lines to enshrine the abolition of the death penalty in the country’s penal code. The proposal has found support among most opposition parties, but the Islamist Justice and Development Party (PJD) has so far refrained from commenting on the decision.

While in the majority, the PJD advocated for limiting the death penalty. However, the party argues that complete abolition requires a national and religious dialogue, citing Sharia law as a critical consideration.

Morocco has not carried out an execution since 1993, although courts continue to place those convicted of aggravated murder on death row.

The National Human Rights Council has reported that, before the suspension of executions, the death penalty in Morocco was often politically motivated. “Out of 41 executions carried out in the country, 38 were politically motivated”, the council stated.

Today, there are 88 people on death row, including one woman. Since 2020, 161 sentences have been commuted to life imprisonment, part of Morocco’s broader efforts to reduce the use of the death penalty.

The Moroccan legal system prescribes the death penalty for over 30 crimes, including murder, terrorism, and crimes against the state, through both the Penal Code and the Military Justice Code. 

“We will continue our struggle until Morocco decides to abolish the death penalty from all civil and military laws, and clears its prisons of death row,” said the Moroccan Coalition for Human Rights on 10 December

In the MENA region, Malta and Djibouti are the only countries that have fully abolished the death penalty for all crimes. Countries like Tunisia, Algeria, and Lebanon have not carried out executions in decades and are considered abolitionist in practice.

In a region where the death penalty is still a tool of state control, Morocco’s shift is a glimmer of hope. However, the opposition is pushing for more than just a symbolic vote. They are calling for broader reforms that ensure political motives no longer dictate judicial decisions. 

“We hope for a victory for all other rights to ensure a dignified life for citizens,” said the Moroccan Opposition Party of Progress and Socialism, following the minister’s announcement. The party has repeatedly called for the release of jailed journalists and activists and the protection of freedom of speech.

While most journalists were freed earlier this year in a royal pardon, several activists from the Hirak Rif uprising are still imprisoned, including Nasser Zefzafi, who was sentenced in 2017 to 20 years in jail.

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