HIBAPRESS – Ahmed Al-Musaed
In order to enlighten public opinion and clarify the reasons for the escalating protest steps undertaken by those in black robes in Morocco, Professor Karim Miftah, a lawyer at the Oujda Bar Association, confirmed that the decision to completely stop work came in response to a statement from the Association of Bar Associations in Morocco, in protest against the contents of draft law No. 66.23 related to the organization of the legal profession.
Professor Miftah considered, in his statement to HIBAPRESS, that the new project constitutes a "clear deviation from the spirit of the Moroccan constitution," stressing that it strikes at the heart of the basic and universal principles of the profession, foremost of which are independence, the immunity of defense, and acquired rights. He explained that this project seeks, in an unprecedented manner, to annex the legal profession to the Ministry of Justice, which deprives it of its essence as a free and independent profession.
In an analytical reading of the provisions of the project, Professor Miftah stopped at Article 77, describing it as dangerous, as this article stipulates the possibility of the court preparing an independent record about any "breach" that occurs during the session and referring it directly to the dean and the attorney general.
Miftah commented on that, saying: "The legislator did not specify the nature of this breach, which makes the lawyer threatened by the sword of the penal code while performing his duty. The citizen needs a brave and independent lawyer, not a lawyer bound by fear of follow-ups."
The speaker also revealed that the new project significantly reduced the lawyer's duties by excluding several cases (such as oral procedures, misdemeanors, and violations) from the necessity of appointing a lawyer, exceptions that constitute about 80% of the cases presented to the courts, which is considered a marginalization of the role of defense.
Professor Miftah also recorded the transfer of the "guardianship" of the Ministry of Justice from only 3 cases in the current law to about 22 cases in the new project, including intervention in training, determining membership duties, and communicating disciplinary decisions. He considered that this "subservience" contradicts the general trend of the Moroccan state based on the separation of powers and the independence of the Public Prosecution.
Professor Miftah reminded that the legal profession emerged from the womb of the national movement and that the gains it has achieved throughout history are threatened with loss today. He pointed out that Arab countries (such as Egypt, Tunisia, and Bahrain) have enshrined the principle of independence, while the Moroccan project is going in the opposite direction, even though the right to defense is a constitutional right and an integral part of the conditions for a fair trial.
Professor Karim Miftah concluded his statement by emphasizing that this project "does not concern lawyers" in its current form, demanding the necessity of withdrawing the project immediately; opening a serious and responsible dialogue with the office of the Association of Bar Associations in Morocco as the institution representing professionals; drafting a law that provides real guarantees for practicing the profession away from restrictions and subordination.
