Case History: Abdelkhalik Elmarkhi
On 29 April, Abdelkhalik ElMarkhi was released after serving his prison sentence.
Abdelkhalik Elmarkhi is a member of the Sahrawi Committee for the Defence of Human Rights, and a member of the Moroccan Association for Human Rights (AMDH) local branch in Guelmim. The Sahrawi Committee for the Defence of Human Rights performs human rights-based advocacy and documents human rights violations in the Moroccan-administered Western Sahara. The AMDH promotes and raises awareness of human rights and reports on violations of those rights in Morocco.
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- 3 August 2016 : Court rejects appeal against human rights defender Abdelkhalik Elmarkhi
- 23 March 2015 : Sentence upheld against Abdelkhalik Elmarkhi
- 8 February 2015 : Concern for Abdelkhalik Elmarkhi's health as he resumes his hunger strike
- 30 April 2014 : Arbitrary detention of human rights defender Mr Abdelkhalik Elmarkhi
UPDATE: On 29 April, Abdelkhalik ElMarkhi was released after serving his prison sentence.
On 3 August 2016, the Court of Cassation of Rabat rejected a request to review the case of human rights defender Abdelkhalik Elmarkhi, following his sentence on 27 November 2014 to four years imprisonment. He is currently being detained in Tiznit prison.
Abdelkhalik Elmarkhi is a Sahrawi human rights defender and member of the Sahrawi Committee for the Defence of Human Rights, an organisation that documents human rights violations in the Moroccan-administered Western Sahara. He is also a member of the Moroccan Association for Human Rights (AMDH) in Guelmim, which promotes human rights through education and awareness-raising, monitors human rights violations in Morocco, particularly related to the Sahrawi peoples and provides legal support for victims of human rights abuse in Morocco.
On 1 October 2013, an arrest warrant was issued against Abdelkhalik Elmarkhi following his participation in protests condemning the killing of a young Sahrawi man in Assa city during a demonstration in support of self-determination of Sahrawi’s in September 2013.
On 29 April 2014, he was arrested at Guelmim central police station in southern Morocco where he had gone to make an inquiry, on the basis of a raid he was subjected to by the Moroccan police. He was held in pre-trail detention for seven months and was subsequently charged with “obstructing traffic”, “incitement to commit violence and disobedience”, “participating in an armed mob at night” and “beating and wounding public servants while they carried out their duties”. Abdelkhalik Elmarkhi was sentenced to four years' imprisonment by the First Instance Criminal Chamber at the Court of Appeal in Agadir.
On 23 March 2015, the Second Instance Criminal Chamber of the Court of Appeal upheld the sentence against Elmarkhi, even though the defence was reportedly not given the opportunity to plea.
On 3 August 2016, an appeal to review the case of Elmarkhi was declined by the Court of Cassation of Rabat, this is the court of final instance.
Front Line Defenders expresses its concern at the decision to uphold the sentence against Abdelkhalik Elmarkhi. Front Line Defenders urges the Moroccan authorities to review and quash the conviction, and to unconditionally release Abdelkhalik Elmarkhi, as it is believed that his imprisonment is solely motivated by his work to promote and protect the rights of the Sahrawi peoples.
On 23 March 2015, the Second Instance Criminal Chamber at the Court of Appeal in Agadir upheld the sentence of human rights defender Mr Abdelkhalik Elmarkhi. On 27 November 2014 he had been sentenced to four years' imprisonment on charges relating to “obstructing traffic”, “incitement to commit violence and disobedience”, “participating in an armed mob at night” and “deliberately beating and wounding public servants while they carried out their work duties”. During the trial, the defence was reportedly not given the opportunity to plea.
Abdelkhalik Elmarkhi is a member of the Sahrawi Committee for the Defence of Human Rights, and a member of the Moroccan Association for Human Rights (AMDH) in Guelmim. The Sahrawi Committee for the Defence of Human Rights documents human rights violations in the Moroccan-administered Western Sahara. The AMDH promotes and raises awareness of human rights and also reports on violations of the rights of Sahrawis in Morocco.
Abdelkhalik Elmarkhi was initially arrested on 29 April 2014 inside Guelmim central police station in southern Morocco where he had gone to make an inquiry. He was arrested on the basis of a warrant issued against him on 1 October 2013, but no reasons were given for the arrest. In September 2013, Abdelkhalik Elmarkhi had participated in demonstrations condemning the killing of Rasheed Al Sheen, a young Sahrawi man who was killed in Assa city while demonstrating for the self-determination of Sahrawis.
Front Line Defenders expresses its concern at the decision to uphold the sentence against Abdelkhalik Elmarkhi. Front Line Defenders urges the Moroccan authorities to review and quash the conviction, and to unconditionally release Abdelkhalik Elmarkhi, as it is believed that his imprisonment is solely motivated by his work to promote and protect the rights of the Sahrawi people.
On 8 February 2015, human rights defender Mr Abdelkhalik Elmarkhi resumed his hunger strike, which he had suspended on 28 January 2015 after a public official from the prosecution office reportedly promised that his demands would be considered. He is currently held in the prison's medical unit.
Abdelkhalik Elmarkhi is a member of the Sahrawi Committee for the Defence of Human Rights, and a member of the Moroccan Association for Human Rights (AMDH) in Guelmim. The Sahrawi Committee for the Defence of Human Rights documents human rights violations in Western Sahara. The AMDH promotes and raises awareness of human rights and reports on violations of the rights of Sahrawis in Morocco.
Abdelkhalik Elmarkhi originally began his hunger strike on 15 January 2015 to demand a fair trial and to protest the conditions of his detention, including ill-treatment and restrictions imposed on his communications with his family. His health was reported as being in serious conditions, and he had lost seven kilograms during the initial hunger strike. His family was informed by telephone by other detainees that the human rights defender was transferred to the prison's medical unit in poor health.
The human rights defender was sentenced to four years' imprisonment by the First Instance Criminal Chamber at the Court of Appeal in Agadir on 27 November 2014, after spending more than seven months in pre-trial detention. The human rights defender was convicted on charges relating to “obstructing traffic”, “incitement to commit violence and disobedience”, “participating in an armed mob at night” and “beating and wounding public servants while they carried out their duties”. The next appeal trial session is scheduled to take place on 16 February 2015.
Abdelkhalik Elmarkhi has been in detention since his arrest on 29 April 2014 inside Guelmim central police station in southern Morocco where he had gone to make an inquiry. He was arrested on the basis of a warrant issued against him on 1 October 2013. At the time of his arrest, Abdelkhalik Elmarkhi was not informed of the reasons for his the action. Abdelkhalik Elmarkhi participated in demonstrations in September 2013 condemning the killing of Rasheed Al Sheen, a young Sahrawi man who was killed in Assa city while demonstrating for the self-determination of Sahrwais.
Front Line Defenders is concerned for the health of Abdelkhalik Elmarkhi and reiterates its call to quash the sentence against him, which appears to be motivated solely by his human rights work.
On 29 April 2014, human rights defender Mr Abdelkhalik Elmarkhi was arrested inside Guelmim central police station in Southern Morocco. Upon Abdelkhalik Elmarkhi's arrival at the station to make an inquiry, the head of security ordered his arrest. The human rights defender was aggressively hand-cuffed and detained, and friends accompanying him were coerced to leave the premises. Abdelkhalik Elmarkhi was attempting to retrieve personal possessions and official documents confiscated by the police during a raid on the human rights defender's home on 29 September 2013. The search was conducted without a valid warrant, and the items include the human rights defender's passport and driving license.
Abdelkhalik Elmarkhi had sent an official communiqué to the head of security in Guelmim, stating that the prosecutor's office denied having issued a warrant permitting a search of the human rights defender's home, and inquiring as to the fate of his confiscated documents. As the possessions had still not been returned, Abdelkhalik Elmarkhi visited the station to make the inquiry in person.
It is not known whether the Moroccan authorities will charge Abdelkhalik Elmarkhi, or how long his detention will last.
Front Line Defenders expresses its concern regarding the arbitrary detention of Abdelkhalik Elmarkhi and continued failure to return his personal documents, as it is believed that these actions are solely related to the human rights defender's peaceful and legitimate human rights work.
