Unveiling Morocco's Untapped Potential: The Case for Conditional Release

Wednesday 05 June 2024 - 15:00

In a nation grappling with the weighty challenge of prison overcrowding, the concept of conditional releasen, a mechanism widely recognized as an effective means of reducing inmate populations and facilitating inmate reintegration, has yet to find its rightful place within Morocco's judicial landscape. Despite its long-standing existence within the nation's legal framework, the implementation of conditional release remains a mere afterthought, overshadowed by a prevailing culture of conservatism and rigidity. As the nation seeks to address the pressing issue of prison overcrowding, the time has come to shed light on this underutilized tool and explore its transformative potential.

Recently, El Hassan Daki, the president of the public prosecutor's office, delivered an impassioned plea during a symposium organized by the Ministry of Justice, urging a more frequent recourse to conditional release. Daki's call to action echoed the pressing need to alleviate the strain on Morocco's overburdened prisons, whose population has surpassed a staggering 103,000 individuals by the end of 2023. Yet, despite the long-standing existence of conditional release within the nation's legal framework, enshrined in Articles 622 to 632 of the Code of Criminal Procedure, a mere 408 inmates received positive responses in 2023, reflecting a meager 5.8% acceptance rate—a stark contrast to nations like Canada and France, where conditional release is granted to an average of 18,000 and 8,000 inmates annually, respectively.

The "conditional release" process, as outlined by the law, grants incarcerated individuals the right to seek conditional release after serving half of their sentence, provided they demonstrate good conduct, participate in rehabilitation and reintegration programs, and possess means of subsistence or employment prospects. Having a family is considered an additional advantage. However, the law excludes individuals convicted of severe felonies or crimes, such as homicide, rape, sexual assault against minors, or large-scale drug trafficking, from eligibility for conditional release.

The application for conditional release is initiated once the verdict becomes final, either by the inmate themselves or their legal counsel, accompanied by a report from the director of the correctional facility housing the applicant. The request is then submitted to the Directorate of Criminal Affairs and Pardons under the Ministry of Justice, where a dedicated commission may order an environmental inquiry to gather further insights into the applicant's circumstances and potential post-release life.

Should a conditional release recipient fail to uphold their commitments, they face reincarceration to serve the remainder of their initial sentence, with the enforcement judge overseeing the entire process.

Omar Mahmoud Bendjelloun, an attorney admitted to the Rabat and Marseille bars and a staunch advocate of this sentencing mechanism, explains, "The law is clear regarding the criteria that must be met by the applicant for conditional release. For instance, they may be subject to judicial supervision, requiring weekly or monthly check-ins." He believes that conditional release should primarily benefit specific categories of inmates, such as the elderly, those suffering from chronic illnesses, or those pursuing educational opportunities.

However, the path to embracing conditional release is fraught with challenges, as the Moroccan judicial system exhibits a deep-rooted conservatism and an unwavering reliance on incarceration as the primary form of punishment. Hatim Beggar, an attorney practicing at the Kenitra bar, laments, "Our judicial system is conservative and still largely centered on punishment, with imprisonment being the default sentence." Judges, at times, may harbor concerns about issuing lenient verdicts without custodial sentences, fearing potential repercussions.

"A shift in mindset is necessary among all stakeholders, especially as we delve into discussions surrounding alternative sentencing," Beggar argues. "Additionally, we must raise awareness among inmates, as some are unaware of the existence of conditional release procedures. Ideally, cases that meet all the requisite conditions should be processed automatically, without the need for an application."

Abdellatif Ouahbi, the Minister of Justice and a lawyer by profession, recently asserted before Parliament that "detention is not a solution but a problem." With his penchant for bold statements, he assured that "if it were up to him," he would advocate for 20,000 conditional releases annually.

As the nation grapples with the exacerbating issue of preventive detention, Morocco's prisons, comprising over 70 facilities across various categories, remain critically overcrowded. In a recent development, the General Delegation for Prison Administration and Reintegration (DGAPR) has been granted access to 11 hectares of forestland near Essaouira to construct a new correctional facility. The debate begs to be raised: Should Morocco continue to open more prisons, or should it embrace the transformative potential of conditional release?