Monday 11 May 2020 – 07:00
Away from the courts, their private space, through this series, we open the door to the judges and the owners of the black suit to talk about their path in the palace of justice. We shed light on the beginnings of names that have shone in the wires of the judiciary and the law firm, and have been able to chart a path full of which few of us know.
“In the Rehab of Justice”, a series prepared by the newspaper Hespress, through which you meet with faces in the wires of the law and the judiciary. They were able to print their names in this field. We bring you close to us, introduce you to their beginnings, and explore the path they took, which was not without your thorns.
In this episode, we are hosting the Captain of the Bar Association of Tetouan, Kamal El Mahdi, Muzdad in Chefchaouen and the slope of the Shatihat region, which was prompted by cinematic obsession to wear a “black suit” to support the truth and defend the political detainees.
In this meeting, Kamal Al Mahdi reveals how he rebelled against his father’s decision to reach his girlfriend, and how he included in this path of law until he reached the position of captain of the commission.
How did you choose to enter the legal profession?
Leaked into my emotional love of law through reading some novels and watching some cinematographic films, which drew on my mind a beautiful image of law as a profession of truth, and its owner has for this reason an honorable social status, which is appreciated by people and institutions, as well as being a free profession.
At that time, myself was always eager to freedom in action and practice in all walks of life as a Moroccan youth settling in northern Morocco and affected like the rest of the youth of the northern regions by the atmosphere of openness and freedom prevailing in the northern neighbor Spain; besides, I was in the beginnings of being influenced by the leftist thought within the student movement in the high school Judge Ayad in Tetouan , With my friendship with my comrades who were pursuing their university education at the University of Dahr Al-Mahraz in Fez, which made me put my man on the path of political and trade union work, and at the beginning, I got to know what is being done in my country regarding issues of democracy and freedoms.
This matter helped me to get acquainted with the national political leaderships from the various authorities who assumed the Moroccan political scene, and chose law as a profession because of its complete harmony with its free and human dimension with its political aspirations, and if I did not like its time with the thought of these personalities, but I had a passion for the law that they chose and made it my choice as well, including leaders in my party. Independence and the Socialist Union.
After obtaining my license from the Faculty of Law in Fez, I did not hesitate a single moment to enter this profession, as if it was a long-awaited meeting with the beloved, and this was the reason for my disagreement with my father, may God have mercy on him, who chose me to spend her time due to my social status as a married, and the choice of a lawyer For me it was an insecure adventure, but I insisted on embodying my conviction, and I became a lawyer, and I remain fully satisfied with my choice, proud and proud.
Do you remember the first case you were assigned?
I still remember her in the smallest detail, as she was linked to my father, may God have mercy on him, who sent me a friend to him in order to represent him in a real estate case, based on a dispute over the merit of a plot of land located in my hometown of Shatihat in the Bani Zayyan tribe, which is among the tribes of Ghamarah in northern Morocco. At that time, for the first time, I received a fee while I was at the beginning of my professional career, and I remember that it was within the amount of 3500 dirhams, and it came to me through my father, may God have mercy on him, and fortunately for me I have succeeded in it in favor of my clients, which gave me radiation in that region.
When you entered this profession, who was your role model?
In the past, I spoke about lawyers who occupied the national political scene with their attitudes and their political actions, which increased my level of passion for the legal profession, led by the captains Abd al-Rahman bin Omar, Abd al-Rahman al-Yusufi, Muhammad al-Siddiqi and others, but I followed him in my arguments at the beginning of my professional career, and I tracked his arguments regularly with passion and fascination. Kabeer, is Captain Mohamed El-Iskrami El-Mrabet, one of the pyramids of the legal profession in Tetouan and on the national level, as he helped me in terms of not knowing to acquire public speaking skills in the art of pleading, and without forgetting my role model, as I was raised professionally in his office and in the direction of his directives, and he is Captain Ahm Zemmouri. These two captain were for me, and if their choices differed on the level of specialization, they set an example in the profession, and thanks to them my professional personality was formed, which I am still until now; may God prolong their life. Life wanted to join me with my captain, Mohamed El-Askarmi, who is stationed in our council. We managed together to work together as a lawyer in Tetouan, and I am happy about that.
As a progressive leftist, how do you feel while defending progressive students?
Even if I lived and examined the final stages of the assassination of the Moroccan University, in the mid and late eighties of the last century, due to what was known as university reform, and it was indeed a systematic sabotage of our universities, I was able to obtain great knowledge and experience by virtue of my association with the National Union of Moroccan Students School.
If it was practically prohibited at the time and still is, the student movement at that time knew a militant and intellectual glow, and that was sufficient to consider myself a debtor to it personally in my life in general and in the legal field in particular. As I left the university walls to join the law firm, and as soon as I was registered in the training list for the Bar Association of Tetouan, I remember my move as a trained lawyer to Ain Qadous Prison on a visit to my comrades from some of the grassroots students who were detained pending the decision to boycott the exams in 1989, and then I attended As a trained practicing lawyer, just try some of them in front of the criminal court at the Court of Appeal in Fez, and during it, and I follow the phases of the valuable arguments in which Captain Ben Amro and a number of colleagues from various bodies, and most of them were comrades of the martyrs / the Vanguard Party currently, confirmed to me the nobility of this profession, and on Their footsteps went After that, I visited many students and political actors during my career path, and I am still ready to do so until now, and this was my duty to join the legal profession.
Just as I volunteer to support citizens in trials of a political nature, I also volunteer with the same passion and enthusiasm to defend the cases of vulnerable people from my city from different groups, workers and women, and everyone who needs my legal assistance finds me ready to provide it to him all the time and when, which brings happiness to my heart, It makes me feel right to choose the nobility of the profession, and I have attached this description specifically to this reason.
Have you defended the Islamic students as progressive?
I have not been distinguished in my professional history, and I deal with issues of political detention and freedoms, among the detainees, because of their political affiliations or religious or ideological beliefs at all. I am imbued with human rights thought and culture, believe in the universality of human rights, and their inability to partition in the rights of persons and states alike, as well as That my experience as a human rights fighter in the ranks of the Moroccan Association for Human Rights and a chief official of its branch in Tetouan in the early nineties of the last century, immunized me from the bad political impulses, and enabled me to spontaneously be able to refrain from realizing the political background, on the occasion of my volunteer support to the victims of political detention C or detention for expressing opinion, and victims of human rights violations in general; in addition to the fact that law has existed throughout history to guarantee the rights of everyone’s defense without discrimination for any reason whatsoever, which I have been regular throughout my professional history.
I have already visited detainees affiliated with political Islam in all its varieties and factions without the slightest hesitation or embarrassment in it, and some colleagues affiliated with these currents know this, and I am still ready to provide the same humanitarian service if the reality requires that.
How did he marry between the position of captain and the head of the Socialist Union advisors group in the collective council?
One of the historical coincidences that I consider painstaking is that I was elected at the top of the list of the Socialist Union of Popular Forces in the recent collective elections, and after that I was elected as the head of the Bar Association of Tetouan.
In fact, I say that it is difficult to pair between the management of public affairs with the constraints it carries in our country related to the ambiguous relationship with the voters, and the nature of political practice within the collective council and the bad and tiring behavior it entails, settled in the voter and the elected in our country; and the management of the professional issue of the legal profession, which is Embracing the elites and the forefront of society on the one hand, and on the other hand, in light of the professional situation, financially and symbolically inevitable, the lawyers lost some of their historical luster, and at a time when female lawyers and lawyers were suffering on all judicial fronts, due to the difficulties resulting from the founding status of the independence of the Palestinian Authority. Judicial and public prosecution, the transitional situation ambiguous, which has become the law in light of that.
And on the social front, in view of the financial and social difficulties in general, which have been sacrificed for male and female lawyers, especially in bodies operating in small cities such as Tetouan, this has been reflected in the cost-effectiveness of the profession due to the nature of the cases that are popular before the courts of its judicial branch, with which we are obliged to spend a large part of their efforts in managing The side of the social reserve for lawyers, at the expense of some of the profession’s radiation and its human and human dimension.
Therefore, the pairing between the professional organizational act and the verb on the facade of the collective representative institution is very exhausting, and the balance often tends in favor of professional responsibility as the origin. When the two fields compete, I choose voluntarily and automatically allocate my effort to the legal interface at the expense of the political and representative interface.
I graduated from the bar and today you are the captain of the Tetouan Commission … Have you ever considered this position?
I joined the legal profession in 1989, and I am pregnant in my mind and found me progressive ideas and aspirations for freedom and preoccupations with the state of the country, and a constant willingness to contribute to the militants in various fields and sectors in the path of democratization, in a way that leads to building a state of right and law, based on respect for citizenship rights, democracy and the authority of institutions Constitutionalism emanating from the free will of Moroccans and respect for Moroccan human rights and freedoms, and all of this will not enrich its owner if it is not followed by tangible material action, at the level of reality, through a practicing struggle through which these convictions are dispensed between its neighbors, peers and colleagues, which imposes the And the regularity of political and civil rights tires alone to ensure the achievement of all.
This is what I did, as I organized and took primary responsibility in many cultural and legal societies, and she held the position of president of the Young Lawyers Association in Tetouan, and the Moroccan Association for Human Rights in the same city.
I remember at that time, the head of the branch of the Moroccan Organization for Human Rights in Tetouan was Professor and friend Mohamed Baabd Kadir, the current Minister of Justice. There is no doubt that the gradual assumption of these collective responsibilities always pushes you to accumulate in this regard, and develop your performance, goals and aspirations within the professional field in which you work, especially if this field is the most appropriate of all professions to accommodate your ideas and circulate them on the widest scale..and aspire accordingly and by necessity To assume responsibility in the organs of your profession to transfer your perceptions and ideas that you represented from them from mere ideas to a concrete reality that you have experienced in the performance of law and lawyers, so I gained the confidence of my colleagues and colleagues and I was elected as a member of the Council of Lawyers of Tetouan in the state in which the Captain and dear friend Boubekeur Portaman imitated between 201 years 2-2014, and during that time I held the director of an ancient institution in the history of law in our country and the world is the “training seminar”.
After that mandate came to office, I ran for the position of captain, and I did not have the same confidence, and I returned to the nomination for this state and elected a captain for the Bar Association of Tetouan, on the basis of a professional and human rights program that was implemented from him until the moment, and by a serious and responsible practice in which two Captain Captains, Captain Muhammad al-Askarmi al-Murabit and Captain Nur al-Din al-Musawi , And my fellow colleagues and fellow council members, over 70% of all program joints.
As a direct answer to your question, I will not divulge to you a secret that I really did, and in order to achieve these goals, I have always been eager and ambitious to assume the position of captain, following the example of senior captains for their sake, and they had the same convictions, some of whom spent his love of God’s mercy and some of them still based on the devices of this noble profession .
I followed the controversy that accompanied bill 22.20 submitted by your party’s Ministry of Justice before you postponed it. If you were in this position would you have presented such a law that stifles freedom of expression?
Of course, I followed regularly and comprehensively all the discussion raised by the draft law 20.22 and its influence within days on the public space in the country, especially on social media platforms. Here, I had to mention the popular gift that was launched in a heavy way to confront it, forcing the government to postpone its offer to take a legislative measure.
This popular rise, which is coherent with the cohesion of all the components, spectra and expressions of the Moroccan people, against the enactment of legal rules that are inconsistent with the constitution and the pledges of the Moroccan international state in the field of human rights and freedoms, makes me as a Moroccan citizen assured of the future of Morocco and the future of our daughters and sons from his youth, and I have established certainty that this country is immune from any evil Rights and not to return to the time of stifling freedoms and the silence of the Moroccans.
But you, as many media outlets, citizens, and citizens attribute this project to the Lead Minister of Justice in the Socialist Union of Popular Forces, and in this situation there is a great madness on both the man and the party, as we cannot, while we are quietly discussing this new project, to recognize the project It is up to the Minister of Justice alone, neglecting, intentionally or unintentionally, the provisions of the Constitution in this regard that determine the responsibility of ministers and limit them to the implementation of government policy, each in the area of its jurisdiction and sector, within the framework of government solidarity, which means that this project falls within the policy of this government aimed at Restrictions on access Using social media platforms, and the Ministry of Justice limited its role in preparing this text to the law that achieves the stated governmental goal.
What confirms this constitutional approach is the approval by the government in its weekly regular assembly meeting of the project, which was held on March 19, in line with Chapter 92 of the same constitution, which enumerated the topics of cabinet deliberations, including bills in relation to the general policy of the state, and human rights issues .
And what further confirms that this fateful project is a governmental will in which the responsibility of the entire government is promoted, and the law is not confined to any individual. Unfortunately, and in a blatant violation of the provisions of the Constitution and the requirements of the regulatory law related to the organization and conduct of government works, one of them leaked three segmented articles from the text of the said project, and simultaneously leaking what was called the observations of the Ministry of Human Rights about it, and I can only extract from this a political and electoral attempt targeting the Minister of Justice, And through him the Socialist Union of Popular Forces and we are on the verge of the upcoming general electoral entitlements, to torpedo all organizational initiatives aimed at bringing together the federalists within the framework of a comprehensive reconciliation and to alienate the unionists against each other with a desperate aim to weaken our party before the elections.
Moreover, whoever carried out this foolish act lacked all patriotic sense, and it aimed at anthrax in the public space that would undermine the cohesion of the Moroccan people with its institutions in an unprecedented way in facing the epidemiological situation that the country is passing through, and at a time when the level of confidence of citizens in their state increased, It addresses a national spirit and a high responsibility for this pandemic.
In general, the position of all federal women fighters and activists expressed publicly and extensively, through frequent media statements and statements issued by leaders and militants alike, was biased from the original to the position of the Moroccan people, in the same era of the Union throughout its history, which is a principled and frank position against everything It violates the provisions of the constitution in its part relating to the rights and freedoms of the Moroccan citizens, in line with the union’s legal reference that it has never changed and will not relinquish it under any justification or excuse, whether it is in a position of responsibility in managing public affairs or in the opposition.
What contributed to this union since its inception alongside the Moroccan people and its democratic forces in the wake of independence, through years of embers and bullets until the date of its history, and it was presented for its sake of martyrs, detainees and kidnappers, which cannot be ravaged now, as some prejudiced and Islamists market.
On this occasion, allow me to pay a high tribute to all Moroccan citizens and citizens who have shown great awareness of this fateful project.
There is a bill related to remote litigation .. As a lawyer, don’t you see that the Corona epidemic showed that we are very late in digitizing the courts and the administration in general?
We have received, as lawyers’ bodies, the draft law through a correspondence issued by the Minister of Justice, as well as the rest of the components of the justice system in order to express the opinion of everyone about its requirements, before submitting it to a government council, which is the project aimed at adopting electronic media in judicial procedures before the courts, which is a qualitative project in view of what it will provide The elevators of the judicial facility who are litigants and affiliated with the judicial professions, from the difficulty, effort and waste of time and time of the judiciary, there is no doubt that it will accelerate the management of the judicial process procedurally, and thus in the manufacture of the judicial decision.
The law is part of a general project of the Ministry of Justice aimed at digitizing justice in our country with all its dimensions and components, and important foundational steps have been taken in this regard, but we are already lagging behind what many countries have reached in this regard, and we have felt the need to digitize the judiciary and we live under the authority of this The dreaded epidemic, as if we had exhausted downloading it before the pandemic, the judicial facility would not have stopped and suspended all its sessions and procedures …
In this regard, I inform you that the masters of the bar association in Morocco deliberated in their remote meeting on April 3, 2020, and they favored most of the contents of the project, but they decided to deepen its study and study ways of downloading it to litigants and professionals alike, given the lawyers ’lack of the personal and logistical preparations to ensure their rapid involvement in This huge digital build. Here, I drew attention to the fact that the Ministry of Justice made a great effort aimed at training judges and law enforcement officers and enabling them to have all the logistical tools to help in this, and they unlawfully excluded lawyers who are the backbone of the judicial process and its engine; it is inconceivable that this project would succeed without having all the mechanisms involved in it.
If we exclude some school days organized by the Ministry of Justice with some of the lawyers ’organizations in Morocco, I can say that the latter’s contribution to modernizing the legal sector, as has happened to the judiciary and the writing of the seizures, is a poor contribution, and perhaps this is due to the view that the legal profession is a free profession and you must take care of this with its capabilities Subjectivity, which is a wrong viewpoint that jumps on the fact that the law is part of the judiciary and a major component of its components, and it is not possible to imagine a project of this magnitude if all of these components are not at the same level of qualification and modernization.
The Lawyers Association Office in Morocco called on the Minister of Justice under the book to postpone the presentation of the project to the rulings of legislation so that it will be discussed within the joint committee formed by the captains and gentlemen directors of the Ministry of Justice in the framework of the existing partnership between them, and his intonation. In Morocco, it is expected that the aforementioned committee will meet in the shortest time frame to expedite the production of this text into existence for its urgent need, which was clearly revealed by this difficult period.