Naziha El Khalidi
Cases- Location of case in SG report
- 2019-074-001
- Relevant SG report
- Year of the report
- 2019
- From Country
- Country Geolocation
Latitude: 31.791702
Longitude: -7.09261999999999
- Country Geolocation (linked Cases)
- Morocco
- From Region
- UN body that raised the case prior to the SG report
- UN Special Procedures: Thematic
- Dates of prior UN action
- 4 June 2019
- Type of record
- Named individual
- Gender
- Female
- Was the victim a foreign national?
- No
- Was the victim a minor?
- No
- Individual's/organization's activity
Sahrawi journalist from the Equipe Media based in Laayoune,
- Type of rights defended
- Civil/political rights
- Was the victim a civil servant or member of the security forces or of the judiciary?
- No
- Reported trigger of reprisal
after the mandate holders had submitted a communication to the authorities on 3 April 2019 about her reported arrest, ill-treatment, and criminal charges for her journalistic work (MAR 1/2019)
- Engagement with UN body
- UN Special Procedures: thematic
- Dates of engagement
- 3 April 2019
- Type of attempted engagement
- Submission of information to UN
- UN raised case of person/organization
- Dates of mentioned reprisals
- 17 May 2019
- Reprisal information
Ms. El Khalidi was reportedly interrogated on 17 May 2019 for three hours without the presence of her lawyer, during which time police officers informed her about the communication sent by the mandate holders. They inquired whether she was the source of the complaint, asked her to provide the e-mail address used to send the complaint, and she was compelled to sign a document with references to the special procedures communication.
- Types of reprisals suffered
- Threats/Intimidations (incl. "fear of reprisal")
- Alleged/likely perpetrators
- State actors
- Was the reprisal based on new legislation?
- No
- Does the report make general comment about country’s environment for engagement with UN?
- No
- Is the country cited for a "pattern of reprisal" in the context of this case?
- No
- Is a pattern of reprisals mentioned otherwise in the context of this case?
- No
- Does the report cite "self-censorship" as an issue in the context of this case?
- No
- How many times has the case been followed up in subsequent SG reports?
- 2
- In which SG report was this case followed up on? 0
- 2020
- Follow up information provided in SG report 0
The case of Ms. Naziha el-Khalidi was included in the 2019 report of the Secretary- General (A/HRC/42/30, Annex I, para. 74) on allegations of interrogation following action of special procedures mandate holders on her case. 58 On 4 June 2019, mandate holders expressed their concern about the interrogation of Ms. el-Khalidi following their first communication (MAR 2/2019). On 5 August 2019, the Government refuted the allegations that the questioning by police was an act of reprisals against Ms. el-Khalidi, rather indicating it was part of an investigation into the reported ill-treatment during her arrest, which had come to their attention through the first communication by mandate holders. 59 91. It has been reported to OHCHR that on 8 July 2019, Ms. el-Khalidi was convicted in absentia by the Court of First Instance of Laayoun for practicing journalism without accreditation (article 381 of the Penal Code). The sentence included a fine of 4,000 Moroccan dirhams (about USD 400) and the confiscation of her mobile phone seized by the police during her 2018 arrest. During the reporting period, Ms. el-Khalidi has been the subject of a vilification campaign through sexist and gender-biased posts on social media from an account known to target Sahrawi human rights defenders and journalists, and her close relatives receive notifications of these postings on their cell phones. Some posts have allegedly included intimate photos and private messages taken from her seized mobile phone. 92. On 17 July 2020, the Government responded in detail to the note verbale in connection to the present report. The Government reiterated the information provided to the Committee against Torture pertaining to Mr. Asfari, including that which was presented during the August 2019 meeting between the Permanent Representative and Committee. The Government stated that Mr. Asfari and his wife are not subject to acts of reprisal and provided information about the conditions of detention of Mr. Asfari. The Government categorically refuted the allegations that Ms. el-Khalidi was the subject of an online smear campaign, and informed that she has not brought any complaints about such allegations to national administrative or judicial instances.
- Followup Trends 0
- Deterioration/further reprisals
- Did the government respond? 0
- Yes
- In which SG report was this case followed up on? 1
- 2021
- Follow up information provided in SG report 1
- The case of Ms. Naziha el-Khalidi was included in the 2020 and 2019 reports of the Secretary-General204 on allegations of interrogation following action of special procedures mandate holders on her case. She was further convicted for practicing journalism without accreditation, and reportedly subject to an online vilification campaign through sexist and gender-biased posts on social media. On 7 January 2021, special procedures mandate holders addressed allegations of death threats against Ms. el-Khalidi on social media following her posting of information on 3 October 2020 about alleged repression against Sahrawi activists (MAR 5/2020). Mandate holders noted an example of a death threat on social media which stated there was an alleged order from the King which implied that she would be attacked and killed. On 21 and 22 November 2020, police and military officers reportedly surrounded Ms. el-Khalidi’s home and adjacent streets in Laayoune preventing anyone from entering or leaving when she and her fiancé were preparing for their wedding. Law enforcement officers reportedly justified the measures as necessary to prevent the spread of COVID-19, even though the ceremony reportedly respected the required physical distances (MAR 5/2020).
- On 19 April 2021, the Government responded, noting that the home of Ms. el-Khalidi was surrounded on 21 and 22 November 2020 while she was preparing for her wedding. It stated that a delegation of administrative authorities and law enforcement visited the homes of Ms. el-Khalidi and her husband to sensitize them on preventive sanitary measures to combat the spread of COVID-19 (Decision n° 5916 of 12 November 2020). The Government rejected allegations that military officers surrounded Ms. el-Khalidi’s home and adjacent streets which prevented anyone from entering or leaving.205
- Followup Trends 1
- Deterioration/further reprisals
- Date of follow up 1
- 7 January 2021
- Did the government respond? 1
- Yes
- Was this case followed up by a UN body? 1
- UN Special Procedures: UN Special Procedures - General