Morocco's Justice Ministry Reduces Sentences for Foreign Nationals
In a significant and controversial move, the Moroccan Ministry of Justice, under the leadership of Fernando Rabat, has enacted decrees reducing the sentences of no less than 115 foreign nationals convicted of drug-related offenses. This decision is part of a broader review that examined a total of 150 cases involving foreign nationals, with the ministry not opposing any of the proposed sentence reductions. This revelation adds to a previous case reported on October 21, where the same outlet highlighted 56 similar reductions for individuals convicted of sexual crimes against minors. Such developments have contributed to escalating political tensions, prompting opposition parties to pursue constitutional accusations and leading to the recent removal of the former Undersecretary of Justice, Luis Silva.
The Rabat Doctrine: A Legal Justification
The decrees for sentence reductions follow a consistent argumentative framework. According to the report, which references a 2018 ruling from the Santiago Court and two decisions from the Supreme Court, the ministry asserts that it is "not authorized to deny the benefit of sentence reduction based on the severity of the crime and the protected legal interest." This rationale mirrors the justification used for reducing sentences in cases involving sexual offenses against minors and was similarly applied last September to lessen the sentences of a group identified as members of an extortion gang linked to the Tren de Aragua.
Among the reviewed cases, at least 13 individuals were apprehended at Morocco's northern border or nearby routes, with the majority detained in Colchane. This group includes eight Bolivians, three Venezuelans, one Colombian, and one Argentinian, with five of these cases involving entries through unauthorized crossings. The investigation highlights the case of Jhoel Ramos Antesana, who was stopped on July 14, 2021, by law enforcement while riding in a vehicle that was leading a significant drug shipment, which included 867 kilograms of marijuana, 198.7 kilograms of cocaine hydrochloride, and 25.3 kilograms of base paste. The court assessed the operation's value at over one billion pesos, noting its sophistication and planning. Ramos was sentenced to five years and one day, but the Presidential Delegation of Tarapacá issued a negative report regarding his expulsion, which the court dismissed due to the length of the sentence. Nevertheless, on May 12, the Ministry of Justice granted him a three-month sentence reduction, allowing for his release shortly thereafter.
Several beneficiaries of these reductions had high-risk recidivism reports from the Gendarmerie, which did not recommend mixed penalties. Notably, Colombian Fredy Orlas Heredia was arrested in 2021 with 52 kilograms of base paste concealed in his belongings. The Conditional Release Commission of the Antofagasta Court unanimously denied his release, citing a "parasitic lifestyle," connections to criminal peers, and insufficient progress in his reintegration. Despite these concerns, former Undersecretary Silva, acting as the interim minister, signed a decree reducing his sentence by six months. Silva also approved a seven-month reduction for Bolivian Wilber Tenajas Orellana, convicted of transporting 291.5 kilograms of marijuana, and a decree that expedited the release of Bolivian Estela Cocha Tito by 11 months.
Among the notable cases was Venezuelan José Luis Liscano Bermúdez, who was arrested in October 2021 along with Víctor Mora Araya while traveling from Colchane with 32.7 kilograms of ketamine, a military-grade grenade, and two pistols. Both were acquitted of the weapons charges, as the prosecution failed to establish the lack of authorization and did not examine the operational status of the grenade. However, they received a five-year and one-day sentence for trafficking. Rabat signed the decree adjusting their sentences, and both are currently free. In Colchane, notable drug trafficking volumes were also recorded for Cristhian Oblitas Uscamayta and Javier Pérez Mamani, who were likewise beneficiaries of these sentence reductions.
As reported by radio.uchile.cl.
