Justice Served: Moroccan Man Receives Compensation After Acquittal in France
In a powerful affirmation of justice, a Moroccan man detained in Khémisset under a French warrant has been awarded a remarkable €100,900 in compensation following his acquittal. The Rennes Court of Appeal recognized a total of 790 days of compensable detention, thanks to a provision in the extradition treaty between France and Morocco. This case shines a light on the complexities of international law and the rights of detainees.
The saga began on April 23, 2020, when the individual was arrested in Morocco at the request of a judge from Rennes. Initially incarcerated in Khémisset, he was subsequently transferred to Fleury-Mérogis on December 4, and later to the Santé prison in Paris, where he remained until June 21, 2022. Following his detention, he was placed under judicial control. It wasn't until January 24, 2025, that the Ille-et-Vilaine Assize Court declared him definitively acquitted, as per an order issued on September 23, 2026.
Following his release, the man sought reparations for the ordeal he endured. His claim outlined moral damages amounting to €80,000, along with €56,000 in legal fees and an additional €5,000 in procedural costs. However, the public prosecutor contested this figure, arguing that only 239 days of detention warranted compensation, citing other sentences that had been executed during his incarceration.
Extradition Treaty Provisions Impact Compensation Calculations
In his defense, the individual invoked Article 8 of the Franco-Moroccan Extradition Treaty, signed in 2008. This provision, known as the "specialty" rule, typically prohibits the execution of sentences related to offenses that occurred before the extradition and are distinct from those that justified the extradition. The presiding judge applied this protective measure to the additional sentences listed in the case.
The court ultimately determined that the period of detention from April 23, 2020, to June 21, 2022, amounted to 790 days, which is significantly greater than the 239 days suggested by the prosecutor. The judge also considered the prolonged family isolation until March 2021, restrictions imposed during the health crisis, and the well-documented overcrowding conditions at the Santé prison, all of which exacerbated the moral suffering endured by the detainee.
In conclusion, the ruling awarded €50,000 for moral damages, €48,900 for legal fees related to the detention, and €2,000 for procedural costs. The expenses incurred are to be borne by the public treasury, marking a significant moment in the pursuit of justice for the man who faced unjust detention.
As reported by bladi.net.
