مقتضيات العدالة الانتقالية في المغرب العربي

Abstract

This study aims to show the political and social transformations experienced by Algeria, Morocco and Tunisia, and the need that each of them called for transitional justice establishment.

It tried to highlight these three experiences and compare them.

She concluded that each of these experiences has its own particularities.

The Algerian experience established the Charter for Peace and National Reconciliation, which recognized that the state was responsible for compensating victims and excluded criminal responsibility of its agents’ actions and armed groups members.

As for the Moroccan experience, it had many flaws, such as the inability of the equity and reconciliation institute to reveal the fate of personalities who appeared on lists of missing persons, and the transitional justice process was managed by the power.

And the role of civil society has also been excluded despite its primary effectiveness in the events that paved this way and forced the authority to engage in it.

The individual responsibility principle and the investigation of some officials implicated in violations was also absent, and many of them even remained in their posts despite their convictions.

As for the Tunisian experience, the study concluded that it below the objectives set by Law 53 of 2013, because it was marred by the absence of accused statements, and it was limited to victims only.

 The compensations had big problems, and most of the victims were excluded, others received their reports after the appeal deadlines.

The study concluded that achieving security, peace and democratic transition on solid foundations is more important than applying the spirit of the law based on judicial monitoring and sanction.