The disappearance, theft or carrying of the lids of the hot wad sewage, leaving victims in the streets of Oujda

Abdul Qadir Katrah

In a serious incident, the covers of Al-Wad hot sewers disappeared at the level of Al-Madhi Darwish Street near the Gulf Esley Complex on the road leading to the Al-Nasr neighborhood and the Al-Fath Plaza neighborhood in the city ​​of Oujda lead. , leaving dangerous holes in the middle of the road, one of which caused a serious traffic accident.

One of the victims of this abnormal situation, a woman from the Moroccan community in the diaspora, when she passed by the mouth of a sewer without a cover on one of the roads in the Al-Fath Plaza neighborhood in the city ​​of Wahda, and her cars stopped due to one of her wheels falling into the drain. She fell hard into the sinkhole and was only pulled out with difficulty, before an ambulance transported her to the hospital to receive the necessary help after she suffered injuries and bruises. according to eyewitnesses who attended the accident.

Infrastructure hoods or plugs for basic services (dangerously deep) were vandalized and stolen near the main bridge connecting the golf and the “CGE” neighborhood in the direction of Marjan.

Stealing the covers of the hot water pipes is not a new process, rather a group of criminals commit this crime in several Moroccan cities, where they monitor the sites during the day, and wait for the night after the cities sleep and the roads and alleys is empty, to commit their despicable deeds, before paying them out at low prices to other people, who melt them.

Members of the Judicial Police, attached to the Regional Commission for Security in Zayo, arrested six people, three of whom are minors, accused of stealing sewer covers. Investigations led to the identification of two people suspected of involvement in the purchase of stolen goods, and they were arrested.

In the early morning hours of Wednesday, December 29, the anti-gang group members of the Fez Judicial Police Department arrested three people, between the ages of 19 and 57, on suspicion of their involvement in a case related to the theft described by a motorized tanker and defect Institutions of public interest.

The interests of the judicial police in Fez opened a judicial investigation against the background of the recording of the theft of iron covers for sewage facilities (sinks), where research and investigations allowed the identification of the suspects, before they were in the rural area of ​Awlad Tayeb on the outskirts of Fez while in flagrante delicto in possession of equipment. Iron and a car believed to be used to commit these criminal acts.

The inspection carried out inside a warehouse in the rural area of ​​Ouled El Tayeb led to the seizure of a large group of iron covers for sewage facilities and metal equipment related to the connection of canals with potable water, believed to be the proceeds of theft is. operations.

On the other hand, due to the absence of compensation for the covers of this sewer or real maintenance and not prosthetics in the city of Oujda, citizens are forced to look for quick and prosthetic solutions to avoid the risk of being in this large and dangerous holes that occur in roads, streets and alleys, by placing barriers around them so that the “shock less Damage from the fall.

Stolen, hidden or worn sewers that are broken due to the weight of vehicles such as trucks, cars, Hondas, tricycles, and loaded towed vehicles that leave potholes that pose a danger to the visitors by citizens on foot, drivers, passers-by and young children.

A number of unsuspecting motorists who initially paid no attention to the potholes were confused and horrified by the jolts caused by the wheels falling into the pit, and they vented their anger on the elected officials of the Community Council who spend time in sessions of fruitless discussions and party fighting without succeeding in reconciling the interests of the city and its inhabitants.

It is the duty of the interests of the urban community of Oujda, which is responsible for the safety of citizens, to program monitoring outputs and to alert the company or agency responsible of the need to repair what has been destroyed and collapsed or was about to recover. fall and to speed up its repair, restoration or renewal, or at least to install temporary protective signs and barriers to prevent serious traffic accidents that can lead to life Innocent citizens are indifferent to them (for example, but not limited to , dilapidated roads in the street of the neighborhood Mauritania… Corroded roads and potholes in the alleys of neighborhoods in Aouniyah and the neighborhoods adjacent to the commercial center, Aswaq al-Salam…).

The road pioneers were surprised that the collective interests abandoned their duty and the citizens near these wells abandoned the initiative to find solutions, which often consist of placing barriers of barrels, stones or wheels, or planting wood – or iron posts that may not attract attention. as much as they can cause other accidents, and instead of falling into the pit The alternative can be a painful shock for the citizen and devastating for his car or bicycle.

One wonders who is responsible for these accidents and who bears the consequences if they happened to the citizen. Undoubtedly, those who are responsible are directly responsible for the municipal councils, urban groups, or agencies entrusted to them, since the law expressly provides that the party charged with the maintenance of that road is relatively responsible for the damage resulting from the accident, and liability here is established in all cases in which a person is bound to pay for the damage done to another person to compensate and when the first can be the cause of this damage, whether it is a personal person or a legal entity.

We conclude this article with an introduction to a long and detailed research carried out by Professor Abdullah Al-Idrisi, former Dean of the Faculty of Law, Economics and Social Sciences at the University of Mohamed I, Oujda, and previously published , under the title “Administrative responsibility for territorial communities” which said:

The theory of administrative responsibility is one of the theories invented by the recent jurisprudence, which came as an inevitable consequence of the increase in government interference and the expansion of its activities, which often lead to mistakes that lead to people being injured as a result of these activities The broad outlines of administrative responsibility The judgment confirmed that administrative responsibility cannot be dominated by the rules of civil law, since the judge thus freed himself from the rules of civil law and the principles and rules of administrative responsibility began to be invented regarding the development of administrative conditions.

Administrative responsibility is a technical tool that obliges public persons to accept responsibility for their actions and actions that generate damage that must be compensated according to legal rules different from those applied in the civil liability system, although in some cases the judiciary is guided in cases of administrative responsibility in the rules recognized in private law.

The territorial collectivities are considered as a person of public law that enjoys legal personality and financial and administrative independence, which makes them bear responsibility for all their legal and material actions. If civil liability is based primarily on error, the jurisprudence has introduced the theory of no-fault responsibility as an inevitable response to the expansion and complexity of management activities.

Administrative responsibility activities are generally based on an error based on the principle of compensation, but there are cases in which individuals are exposed to risks as a result of administrative activities and the administration bears its responsibility towards the legal decision that does not cause harm . judiciary decides the responsibility of management in such cases, and it is known as administrative responsibility without fault.

This is what is understood from the requirements of Chapter 79 of the Moroccan Code of Obligations and Contracts, which in its content referred to the responsibility of the territorial communities for damages resulting directly from the actions of their administration, which the same principle is what happened in Chapter 8 of the Administrative Courts Act. Directly for the work he does, or for his failure to perform the work entrusted to him, or the tardiness in the performance of the service, and this is what gives the victim the right to claim compensation in light of the administrative responsibility without errors.

And if the fault responsibility is based on the principle that whoever by his fault causes harm to others bears the responsibility for this fault, then the administrative responsibility without fault is based on considerations of justice and equality which require that the weight placed on fell the individual and caused the administrative authority to achieve public good.

The importance of establishing administrative responsibility is clear to enable individuals to claim the right to compensation whenever they are exposed to damage caused by the territorial communities. ».

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