Legal Implications of Suspending Sentence Reductions in Morocco
In a recent statement, former Minister of Justice Luis Cordero raised significant concerns regarding the decision made by current Justice Minister Fernando Rabat to suspend the signing of decrees that reduce sentences for certain offenders. Cordero emphasized that such a suspension could expose Rabat to legal risks, as authorities are required to address requests for sentence reductions in a timely manner. During an interview with Estado Nacional on TVN, he highlighted that the communication strategy adopted by the government in response to controversies surrounding the reduction of sentences for individuals convicted of sexual offenses against minors was not only flawed but potentially damaging.
The debate surrounding this issue stems from the interpretation of legislation that, since 2022, has excluded convicted sex offenders against minors from benefiting from sentence reductions. While the administration of President Gabriel Boric has been dismissing these requests, some have still been granted by the courts through protective writs. Cordero critiqued the current Ministry of Justice’s interpretation, suggesting it is inconsistent and legally questionable.
Urgent Need for Judicial Resolution
Cordero elaborated on the implications of the government's decision to halt the processing of these decrees, stating that authorities have a legal obligation to respond to requests that could influence the freedom of convicted individuals. He firmly asserted that delaying these decisions only increases the legal risks for the minister, as judicial authorities tend to be particularly stringent regarding administrative delays that may unjustly prolong incarceration for individuals who could otherwise be freed through sentence reductions.
This warning comes at a time when certain opposition factions are contemplating a possible constitutional accusation against Minister Rabat. Cordero pointed out that one of the grounds for such an accusation is failing to enforce the law effectively. Nevertheless, he acknowledged that Rabat might defend his choice by providing a plausible legal interpretation, while expressing his reservations about using constitutional accusations as a political tool.
Moreover, he discussed the challenges associated with attempting to reverse already signed sentence reduction decrees if the government adjusts its legal interpretation. Cordero indicated that reverting granted and executed benefits would be practically impossible, underscoring that individuals who have regained their freedom would likely remain in that status.
In addition, Cordero criticized the government's communication strategy, particularly regarding the comparison of sentence reduction decrees from previous administrations. He argued that a decree signed by former Minister Jaime Gajardo was in compliance with a judicial ruling, contrasting it with the current administration's decisions, which he believes stem from a subjective interpretation of the law. Cordero urged the government to act transparently and acknowledge any errors rather than exacerbating existing controversies, stating that at times, it is better to apologize than to deepen conflicts.
Finally, he expressed skepticism about the necessity of introducing new legislation specifically addressing sentence reductions for sexual offenses against minors. He contended that efforts should concentrate on the existing Penalty Execution Law, which has already been approved by the Chamber of Deputies and is currently under consideration in the Senate. Cordero warned that a reform focusing solely on this contentious issue could inadvertently affect other mechanisms related to penalty enforcement and penitentiary benefits.
As reported by latercera.com.
