Morocco: Abdul Rahman Alhaj Ali still Pending Extradition More Than one Year After his Arrest
On 23 December 2015, Alkarama seized the Inter-ministerial Delegation for Human Rights (DIDH) regarding the case of Abdul Rahman Alhaj Ali, arrested on 30 October 2014 by the Moroccan police and still detained in Kénitra to this day without any legal basis.
Originally from Syria, Abdul Rahman had fled war and persecution of the Syrian regime in 2013 with his wife and three children to settle in Morocco where he applied for asylum. He is now registered with the UN Office of the High Commissioner for Refugees (UNHCR) in Rabat as an asylum seeker.
On 30 October 2014, Abdul Rahman was arrested by Moroccan police near his home in Kénitra. He was then informed that he was under an extradition request by Saudi Arabia for "breach of trust". Several years ago, Abdul Rahman had established a company in Saudi Arabia, where he worked until 2007. As provided for by the Saudi legislation, the contractor had to register the company and all its assets in the name of his kafil – a Saudi national − in order to carry on his business in the hotel services. In 2007, he left Saudi Arabia to return to Syria where he was arrested and charged with breach of trust on the basis of a complaint filed in Riyadh by his kafil, accusing him of diverting a large amount of money. The same kafil had however issued upon his departure a certificate recognising that no debt or obligation was issued against him.
The Syrian authorities had thus refused to extradite him, but sentenced him to three months in prison following an expedited and flawed trial. Arrested again in Morocco and threatened with extradition, Abdul Rahman opposed his extradition before the Court of Cassation. On 31 December 2014, the Rabat Court of Cassation gave a favourable opinion to his extradition despite the clear risk that this extradition represents to him. Indeed, it is feared that Abdul Rahman will be sentenced to corporal punishment after an unfair trial, a recurrent practice in Saudi Arabia, especially regarding foreigners.
On 23 May 2015, Alkarama sent an urgent appeal to the Committee against Torture (CAT) requesting that urgent provisional measures be taken to suspend the extradition procedure, under Article 3 of the Convention against Torture (UNCAT), which prohibits the discharge of a person to another State when there are substantial grounds for believing that this person risks torture or other inhuman, cruel or degrading treatment.
The Moroccan authorities have honoured their international commitments and suspended the extradition procedure as requested by the Committee. Nevertheless, it is clear that Abdul Rahman Alhaj Ali is today deprived of liberty without any legal basis, as the 60-day maximum duration of temporary detention provided for by the Riyadh Convention on Judicial Cooperation is largely exceeded. Alkarama calls on the Moroccan authorities to comply with their international commitments and to immediately release Abdul Rahman Alhaj Ali pending the decision of the CAT.
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