1973: Lt. Col. Mohamed Amekrane, no asylum

Add comment January 13th, 2017 Headsman

On this date in 1973, Morocco shot 11 officers for a regicidal mutiny.

Amekrane (left) with the coup’s leading spirit, Mohamed Oufkir

Their deaths were the consequence of the near-miss bid to bring down Morocco’s King Hassan II by bringing down his airplane, a plot to which Lt. Col. Mohamed Amekrane, the commander of the air base that launched fighters against the king’s convoy, was utterly pivotal. It’s no surprise that he’d be in the way of the royal revenge domestically after this incident; more surprising and controversial was the role the British would play in dooming the man.

As he discovered that the king’s passenger plane had somehow escaped the predations of his F-5s, Amekrane (it’s also sometimes spelled Amokrane) alertly requisitioned a helicopter and fled with another officer to British soil at nearby Gibraltar, where they requested asylum on Aug. 16.

This put Westminster in an awkward situation: repatriate the men to sure execution, or give refuge to the would-be assassins of a friendly head of state.* Still more was it a procedural twilight, where the power of bureaucratic discretion prevailed by declaring the form of the law in ambiguous circumstances.

After a flurry of consultations “at ministerial level” that also weighed “the possibility of repercussions with other governments,” (London Times, Aug. 18, 1972) the Heath government classified the fugitives as refugee illegal aliens and repatriated them within days, lamely explaining that Gibraltar, a small place, didn’t have much room for asylum claimants. And once they were fitted with the “illegal alien” hat it was simple: “they were returned to Morocco because that was the place from which they came.” (the Times, Aug. 19) Application, rejection, and deportation all took place within a mere 15 hours, purposefully too fast for anyone to get wind of what was happening or to mobilize resources in support of the Moroccans.

London’s legal chicanery drew a discomfited response from some other elites as well as members of the public or at least those with a propensity towards letters to the editor in the early 1970s. Parliamentarian Ivor Richard fumed that “there was surely no necessity in international law or in humanity deliberately to have sent them back to what appears to be their deaths.”

The Times would editorialize in that same Aug. 19, 1972 edition against the “haste and informality in the procedure which contradict Britain’s long tradition of care in such cases” — noting the irony that

the absence of an extradition treaty [might have been thought] would make it more difficult for the Moroccan authorities to reach out to fugitive offenders on British soil. In fact it has made it easier for them … because of British ministers’ willingness to use the power to deport aliens whose presence is judged undesirable in such a way as to achieve the result of extradition. And the exercise of that power is not subject to the same safeguards.

Amekrane had no safeguards at all once he was back in Moroccan hands. That November, he was condemned to die along with his companion on the Gibraltar caper Lt. Lyazid Midoaui, plus nine other members of the Moroccan Air Force complicit in the coup attempt; the whole batch was executed together on this date at a prison in Kenitra.

But in Britain his case outlived the fusillade. For the overhasty asylum refusal, Amekrane’s widow filed suit against the UK in a European Commission of Human Rights court, eventually winning a £37,500 settlement.

* The relations between the states in question went beyond mere chumminess: Franco’s Spain was maintaining a blockade against Gibraltar, in consequence of which the imperial outpost was heavily supplied by and from Morocco. The men’s lives were sold, so critics carped, for “lettuces.”

On this day..

Entry Filed under: 20th Century,Capital Punishment,Death Penalty,England,Execution,Gibraltar,History,Mass Executions,Morocco,Notable for their Victims,Notable Jurisprudence,Shot,Soldiers,Treason

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