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Naf’i as-Sah and Abdallah al-Boussati are both residents of El-Ayoun who were born
in 1988. They were not involved in human rights organizations before their arrest.
Rather, their case is one among many trials of Sahrawi youths who had participated
in street demonstrations and who authorities charged with committing acts of
violence.
As-Sah and al-Boussati faced charges under Article 580 of the Penal Code for
throwing Molotov cocktails at a police car in El-Ayoun on June 30, 2007, damaging
the vehicle and injuring three of the policemen inside. Article 580 provides a sole
punishment – death – for persons who deliberately set fire to structures that are
occupied by persons or that are intended for that purpose, or to vehicles that contain
persons. 74
The police arrested As-Sah and al-Boussati several days after the incident. They
remained in custody through their trial. The trial opened December 5, 2007 but the
judge adjourned the case to January 9 and then to February 6, 2008, so that all of the
witnesses could appear in court to testify.
In his “confession” to the police, as-Sah stated that Boussati had contacted him and
proposed to pay him to recruit youths to throw Molotov cocktails at the police. 75 Al-
Boussati, in his police “confession,” describes a person who introduced himself as
“Bikam” and who offered to provide al-Boussati with incendiary materials and pay
him to use them against the police. 76 Both defendants made these statements in the
absence of a lawyer. Moroccan law does not grant suspects the right to a lawyer
during garde à vue (pre-charge) detention.
Al-Boussati repudiated this statement when he appeared before the investigating
judge. As-Sah told the investigating judge, according to the court’s written ruling,
that “everything he had said to the police was untrue, that he had not participated in
the events, and that he had made up what he told the police so as not to undergo
further torture.” 77
74 Morocco continues to impose the death sentence and has prisoners on death row but has not executed anyone since 1993.
75 Court of Appeals of El-Ayoun, judgment 2008/21, p.2.
76 Ibid., p.3.
77 Ibid., p. 4.
Human Rights in Western Sahara and Tindouf 44