Omar Radi（2020年推文案）

“Omar Radi is an award-winning Moroccan investigative journalist and activist.37 He is one of the only journalists to have closely monitored the financial holdings of the King of Morocco.38 Mr. Radi has carried out his work as a journalist in Morocco in spite of repeated denials by the Moroccan government of his applications for a press pass, often on the pretext that they could not find the necessary documents in his applications to issue one.39 (Mr. Radi was ultimately issued a press pass several months after the trial.) The case against Mr. Radi stemmed from a tweet he posted on Twitter on April 6, 2019.40”

报告确认Omar Radi调查记者及活动人士身份，并把该程序追溯至2019年4月6日推文。

“Mr. Radi’s attorneys requested bail, but the presiding judge denied the request. The next day, Mr. Radi’s attorneys appealed the bail decision and an appeal hearing was held on the same day. On December 31, 2019, the appeal court granted Mr. Radi bail.”

律师在保释被拒后于次日提出上诉，报告记载2019年12月31日准予保释。

“Mr. Radi’s trial was originally scheduled for January 2, 2020, but Mr. Radi’s attorneys applied for an extension t o prepare their defense, and it was granted. The judge scheduled the trial for March 5, 2020.”

辩方请求延期开庭以准备辩护，获准后庭期改为2020年3月5日；申请日未单列。

“On March 17, 2020, the trial judge convicted Mr. Radi and gave him a four -month suspended sentence and 500 Dirham fine.56 Mr. Radi’s lawyer filed a notice of appeal of the judgment in court that day.57”

报告记载Omar Radi于2020年3月17日被判四个月缓刑及500迪拉姆罚款，律师同日提交上诉通知；不是无罪。

“Mr. Radi’s three lawyers then began their oral arguments. The first lawyer argued that Mr. Radi was not arrested for his tweet, but instead for his investigation of public servants, which disclosed inconsistencies in the Moroccan government’s budget. He was also the first one to investigate issues surrounding the state’s distribution of free lands to state agents. The lawyer then emphasized that the Moroccan Constitution guaranteed Mr. Radi’s right to freedom of expression. He further argued that by using the word “bourreau” Mr. Radi meant “the shockingly unexpected sentences against innocent activists.”54 The second lawyer stressed that the government hindered Mr. Radi’s journalism by repeatedly denying him a press pass and losing Mr. Radi’s documents when he requested one. He also highlighted that it was unreasonable to prosecute a journalist under the Penal Code when the Press Code exists. Lastly, he stressed that Mr. Radi had tweeted eight months before his arrest.”

报告记载辩方就新闻调查背景、宪法表达保障、推文含义及刑法与新闻法的适用进行抗辩。

“USC’s International Human Rights Clinic, as part of the Clooney Foundation for Justice’s TrialWatch initiative, deployed two local monitors in Morocco to observe the proceedings against Omar Radi. Prior to the trial, background research, including preparation of the monitors, was undertaken. The monitors did not experience any impediments in entering the courtroom and were present for the trial on March 5, 2020.”

USC国际人权诊所部署两名本地观察员参加2020年3月5日庭审。

“As recommended by the UN Human Rights Committee, and in advance of Morocco’s seventh reporting cycle to the UN Human Rights Committee beginning in November 2020 with its State Party Report, Morocco should consider revising its Penal Code to address concerns regarding the protection of freedom of expression and to ensure congruence with the new Press Code.”

作者呼吁摩洛哥考虑修订刑法，以回应表达自由保障及与新新闻法一致性问题；不是已实施改革。