The Public Prosecutor’s Office Clarifies the Legal Background for Preventing El-Motii Mnajeb from Traveling
In light of recent discussions on social media platforms and various online outlets regarding claims of preventing El-Motii Mnajeb from leaving the national territory, accompanied by conflicting data and inaccuracies, the First Deputy Public Prosecutor at the Court of First Instance in Rabat, Mr. Zouhair El-Harash, has issued official clarifications aimed at enlightening public opinion and correcting the circulating misconceptions.
The judicial official stated in a statement to the Maghreb Arab Press that all allegations related to the motives for this travel ban bear no relation to reality. He confirmed that the case is not linked in any way to the individual’s political or academic activities or his exercise of any legally guaranteed rights, but rather concerns suspicions of money laundering. Preliminary investigations have revealed that he received substantial financial transfers from abroad and owns properties that have been subject to declarations of suspicion under Article 18 of Law No. 43.05 concerning the fight against money laundering.
Based on these facts, the Public Prosecutor’s Office ordered the initiation of a preliminary investigation, which led to the individual being brought before the Public Prosecutor, who decided to refer the case to an investigating judge with a request for an inquiry, based on Articles 574-1, 574-2, and 574-3 of the Penal Code. In the interest of uncovering the truth through all legal means, international judicial letters were sent in this regard, necessitating that the suspect remain within the national territory to confront the findings resulting from these letters and to be investigated based on what the information may reveal.
Regarding the legal basis for the travel ban, the First Deputy Public Prosecutor asserted that the decision was made by the investigating judge, who ordered the closure of borders and the withdrawal of the passport according to Article 142 of the Code of Criminal Procedure. This law allows the judge to take such measures whenever necessary during the preliminary investigation period, without being bound by a specific timeframe. Furthermore, claims suggesting that this measure is subject to Article 160 of the same law are incorrect, as the latter does not apply to the decisions of the investigating judge in such cases. He emphasized that the individual has the full right to pursue available legal appeal processes instead of resorting to media campaigns for discredit.
As for the circulating notion of a connection between this file and the royal pardon previously granted to the individual, it was clarified that the pardon did not cover the current case related to money laundering, which is still under investigation. It was emphasized that this crime stands on its own legally and is separate from the initial crime that the funds may relate to, contrary to what is being circulated.
The First Deputy Public Prosecutor concluded his statement by affirming that the individual enjoys all guarantees of a fair trial, and the judiciary continues to handle this case independently and according to the provisions of the law, reminding that respect for the principle of the rule of law necessitates adherence to legal procedures and abstaining from attempting to influence the course of the investigation through allegations and media misinformation.
