CAT/C/53/D/321/2007
8.
On 24 April 2013, the complainants’ counsel reiterated his initial claims and pointed
out that, in accordance with the State party’s obligations under the Convention against
Torture, the International Covenant on Civil and Political Rights and the Convention
relating to the Status of Refugees, the State party should have considered the complainants’
asylum applications and taken a decision in that regard before deporting them. In addition,
the State party should not have expelled them in a desert area on the Algerian border, given
the many dangers that they would face there and the inability of the State party to ensure
their survival.
9.
On 22 September 2014, the State party was once again invited to provide
clarification regarding the current situation of the complainants and to indicate whether
they had been allowed to stay in Morocco or if they had left the country.
10.1 On 23 October 2014, the State party indicated that the names of the complainants
did not appear in the expulsion order issued by the administrative and judicial authorities in
respect of 230 sub-Saharan immigrants in an irregular situation nor in the records on
foreign nationals present in the territory of the State party at the time of the events in
question. Investigations conducted by the authorities regarding the sub-Saharan community
indicated that the complainants were not among that group. Information from the UNHCR
office in Morocco and the Office of Refugees and Stateless Persons of the Ministry of
Foreign Affairs and Cooperation confirmed that the names of the complainants did not
appear in their databases.
10.2 The State party points out that, as a result, the Moroccan authorities are unable to
open a proper investigation concerning either the individuals themselves or their fate,
especially since no reliable, updated information has been provided by their lawyer and
since no member of the group has taken action or alleged any ill-treatment on the part of
law enforcement officers. In this regard, the State party notes that, when the Committee
took its decision on the admissibility of the case in November 2008, it had expressed
disapproval of the fact that the lawyer had not indicated whether any complaint had been
lodged regarding the alleged ill-treatment and that, if no such complaint had been filed, he
had not explained why not.
10.3 In addition, the State party provides information on the introduction of a new
migration policy in September 2013 that is more humane and in conformity with its
international obligations. For example, on an exceptional basis, the State party began a
drive in January 2014 to regularize the status of migrants in an irregular situation; that
campaign is to be concluded in December 2014. Thousands of people have already begun
the necessary application process. Moreover, as part of an effort to regularize the status of
asylum seekers who have been recognized by UNHCR, it has processed the cases of 424
individuals from various African countries. None of the names listed in the complaint
appears on the list of asylum seekers or on the list of persons in an irregular situation who
are applying for a residence permit. The State party asserts that the above-mentioned
information demonstrates its good faith and calls into question the credibility of the
information submitted to the Committee.
Consideration of the merits
11.1 The Committee has considered the present complaint in the light of all the
information made available to it by the parties, as required under article 22, paragraph 4, of
the Convention.
11.2 Firstly, the Committee finds it regrettable that an excessive amount of time has
elapsed before the consideration of the present complaint and notes that both parties share
the blame for this.
GE.15-00382
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