NON OFFICIAL TRANSLATION from French

Kingdom of Morocco
Ministry of Justice
Cour d'Appel de Laayoune
Tribunal du première instance à Laayoune
Ministère publique

No : 80.G/2000

Request by the public ministry for the dissolution of la section Sahara of the Forum Marocain Vérité et Justice (the Sahara section of the Moroccan Forum for Truth and Justice).

Le Procureur du roi (King's Public Prosecutor) with the tribunal de première instance à Laayoune (El Ayoun Magistrate's Court).

In virtue of the provisions of article 7 of the Dahir (the King's decree) of 15 November 1958, as amended by the Dahir of 23 July 2002, in the execution of Law No: 00-75 relating to the organisation of the right to constitute associations.

Considering the aforementioned section lodged the constitution of the section Sahara of the Forum Marocain Vérité et Justice (Sahara section of the Moroccan Forum for Truth and Justice) with the Public Prosecutor's department, registered under number 80 G/2000.

In virtue of report N° 222/SHK/S dated 18 November 2002, transmitted to the said Public Prosecutor's department by communication N° 427, dated 10/04/2001, concerning the application for the dissolution of the section Sahara of the Forum Marocain Vérité et Justice (the Sahara section of the Moroccan Forum for Truth and Justice) by the Head of Provincial Security in El Ayoun.

And in view of the fact that the aforementioned report bases its application for dissolution on the following reasons :

Firstly : the failure of the section Sahara to respect the statute of association concerning the form of the name adopted, since the word "Moroccan" has been removed from the original name registered with the competent administrative and judicial authorities.

Secondly : undertaking actions liable to lead to a breach of public order through the encouragement of a few young people disillusioned by their social situation to commit crimes of a subversive and destructive nature in different towns of the Saharawi provinces.

Thirdly : encouraging the holding of demonstrations on the public highway with young people carrying sticks, batons and knives.

Fourthly : undertaking actions liable to attack the territorial integrity of the kingdom and doing this through the following:

a - by having links with foreign parties with the aim of damaging the territorial integrity of the Kingdom (case of Ali Salem TAMEK who appeared before the court in Agadir, procedure N° 157/ GG 2002 - National unit of the criminal investigation department).

b- by conspiring with international bodies and organisations which are hostile to Morocco, with the aim of causing the diplomatic position of the Kingdom to deteriorate

c- being responsible for slogans hostile to territorial integrity.

d - making flags of the puppet Republic and distributing them to the public with publications which are hostile to territorial integrity.

And in view of the fact that the aforementioned application is accompanied by a list containing the means of proof.

Discussion

Concerning formal matters:

- In view of the fact that the application for dissolution of the section Sahara of the Forum Marocain Vérité et Justice has been submitted by the head of the provincial service of the criminal investigation department of provincial security in Laayoune.

- In view of the fact that the public prosecutor's department has the capacity to apply for the dissolution of the section mentioned in virtue of the provisions of paragraph 2 of article 7 of the dahir (royal decree) of 15 November 1958, as amended by the dahir dated 23 July 2002, in execution of the law No 00-75 relating to the organisation of the right of constitution of associations.

- In view of the fact that in consequence the public prosecutor's department possesses the faculty and the interest and that the application fulfils all the formal conditions required in law.

Concerning the content :

- In view of the fact that the application for dissolution of the section Sahara of the Forum Marocain Vérité et Justice, submitted by the head of the provincial service of the criminal investigation department of provincial security in Laayoune is supported with means of proof.

- In view of the fact that the acts which have been committed by the section Sahara of the Forum Marocain Vérité et Justice, constitute acts contrary to the dahir relating to the constitution of associations, as amended.

- In view of the fact that in consequence, the section mentioned finds itself in a situation contrary to the law, and therefore, the provisions of paragraph 2 of article 7 of the dahir bearing on the constitution of associations, becomes strictly applicable in this case.

- And in view of the fact that the section mentioned has contravened the provisions of article 3 of the same dahir in committing acts undermining the territorial integrity and in doing so has not respected the objectives outlined in the statutes of the Forum marocain vérité et justice, which means that the provisions of this article are also strictly applicable.

- And in view of the fact that one can deduce from what has been outlined above, that the section mentioned has committed acts contrary to the provisions of articles 3 and 7 of the dahir concerning the constitution of associations.

- And in view of the fact that these acts have been proved by sufficient means and have been annexed to the application presented by the criminal investigation department of the provincial security service of Laayoune.

- And in view of the fact that in consequence, a verdict of dissolution must be delivered.

For these reasons :

We beg the court to do the following :

Firstly : on formal matters:

- to declare the application passed formally.

Secondly : on questions of content :

a - to summon the President of the section Sahara of the Forum Marocain Vérité et Justice, Mr Houcine MOUTIK, residing at boulevard Assila, N° 164, Laayoune, in accordance with article 33 of the law of constitution of associations.

b - to declare that the section Sahara of the Forum Marocain Vérité et Justice has committed acts contrary to the law in accordance with provisions of articles 3 and 7 of the dahir of 15 November 1958, as amended by the Dahir of the Cherif (royal decree) of 23 July 2002, in execution of law N°: 00-75 relating to the constitution of associations.

c - to deliver a judgement for the dissolution of the section mentioned and to regulate the legal effects which arise therefrom.

Made in the public prosecution department on 15/04/2003

Seen by the King's prosecutor

signed and sealed

Abdelkader EL FATAHI