#Thursday, #December 31, 2020 at 8:03 PM
#Rabat – The observations of the so-called “National #Commission of #Solidarity with #Maati #Monjib” on the arrest of this one “have nothing to do with the sound application of the law”, underlined #Thursday the public prosecutor near the #Rabat court of first instance.
#After having read a press release from the so-called “National #Commission for #Solidarity with #Maati #Monjib” in which she considered that “the arrest was abusive and outside the provisions of the criminal procedure” since it was is made “at 3:00 p.m. on #Tuesday, #December 29, 2020 – in a restaurant in the city of #Rabat while he was having his meal – by plainclothes security elements who arrived in two police cars”, indicates a statement from the prosecutor of #King.
#Regretting these judgments which are based neither on the law, nor on reason and logic, the general prosecutor wonders about the nature of the elements having made it possible to qualify the arrest of “improper arrest and outside the provisions of the criminal proceedings ”: #Does the abusive character and outside the law and the procedures concern the fact that the arrest took place at 3:00 pm? that it happened on a certain #Tuesday? that it took place in a restaurant? that the restaurant is in #Rabat? that the person arrested was having his meal? that the arrest was made by several elements of the security? that these elements were in civilian clothes? or that they arrived in two police cars?
#On the other hand, the authors of the press release have assumed the role of a court which assesses the validity of legal proceedings but on the basis of their own law, underlines the same source.
#Indeed, the press release of the so-called commission considered that the legal arrest is that which occurs in the place of residence and only in flagrante delicto, and that the outcome of the preliminary investigation “does not allow any case for the general prosecutor to arrest an individual with the aim of forcibly bringing him before the investigating judge ”, and that the general prosecutor has the right only to submit a request to open an investigation without the possibility of bring the accused before the examining magistrate, remarks the public prosecutor.
#While refraining from discussing these remarks which have nothing to do with the sound application of the law, leaving it to legal public opinion to judge their correctness, and affirming that only justice is empowered to rule on their legality, the general prosecutor regrets the instrumentalization of these methods to undermine national institutions which always endeavor to comply with the provisions of the law.
The prosecution would like to affirm that the offices of the investigating judges and the courtrooms are the appropriate place for discussing this data.
The prosecution emphasizes that its press releases are drafted out of respect for national public opinion and in order to guarantee the citizen’s right to information when it comes to matters which arouse his interest or which are mentioned in various platforms, as well as to put an end to certain rumors and false or misleading information.
These press releases, it is pointed out from the same source, do not act as reports of research or investigations which constitute the basis of the trials.
Therefore, the public prosecutor calls for refraining from using said press releases in discussions for which they were not intended, because they do not stop a particular legal situation, but only provide information to the various components of public opinion, in a simplified language that does not obey the legal terminology used in the minutes and court decisions.
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