The recent introduction of an online platform by the Moroccan Ministry of Justice for in absentia proceedings has ignited a significant debate regarding potential violations of personal data protection laws and the fundamental principle of the presumption of innocence. This platform aims to publish the names and details of individuals who are wanted in connection with criminal cases while they remain at large, a move that has raised concerns among legal experts and civil rights advocates alike.
The initiative is part of the implementation of the Criminal Procedure Law No. 03.23, which came into effect in January 2026, and is integrated into the broader "Courts" portal. According to available information, over 625 individuals are currently subject to these in absentia proceedings, all of whom are involved in criminal trials rather than minor offenses. The authorities have urged individuals who find themselves on this list to report to judicial or security bodies promptly to address their legal predicaments. Furthermore, they have appealed to the public to notify the relevant authorities if they possess any information regarding the whereabouts of these individuals.
The allegations against these suspects encompass a wide array of serious offenses, including embezzlement and misappropriation of public funds, aggravated theft, forgery along with the use of counterfeit official documents, assault resulting in permanent disability, forming a criminal organization, obstructing public roads, traffic disruptions, and even public intoxication. Additionally, the platform includes heinous crimes such as kidnapping, rape, and unlawful possession of explosive materials, all of which are in violation of existing laws.
A major concern surrounding this platform is its potential infringement on the presumption of innocence, a cornerstone of judicial fairness and a constitutional right. The platform discloses sensitive personal information about the individuals involved, such as national ID numbers, home addresses, names of their parents, and details regarding the charges they face. This type of information is classified as personal data under Law No. 09.08, which governs the protection of individuals concerning the processing of personal data.
This law assigns oversight and regulatory responsibilities to the National Commission for the Control of Personal Data Protection (CNDP), which is tasked with ensuring the legality of personal data processing and enforcing compliance with the necessary legal protections. The gravity of the situation is underscored by the fact that the individuals listed are still undergoing judicial proceedings, which necessitates a strict adherence to their presumption of innocence.
Reports from Yabiladi indicate that the new platform has not secured prior approval from the CNDP. The commission's president confirmed to Yabiladi that the CNDP is aware of the situation and is currently in discussions with the governmental body that launched the platform to reach a decision regarding its compliance with legal standards.
As reported by en.yabiladi.com.
