A/HRC/22/53/Add.2 6. Psychiatric institutions 59. The Special Rapporteur welcomes the efforts made by the Government to prevent ill-treatment of patients in psychiatric hospitals. He welcomes the strategic plan of the Ministry of Health and the draft law (2012) amending Royal Decree No. 1-58-295 with respect to the protection of persons in mental health institutions, explicitly prohibiting all forms of cruel, inhuman and degrading treatment in health-care institutions. 60. Article 134 of the Criminal Code stipulates that whoever commits a misdemeanour or felony as a result of mental disability must be placed in a psychiatric institution. However, perpetrators of minor infractions are handed over to the administrative authority if proven to be exempt from criminal liability, which excludes them from medical monitoring and the necessary treatment. Reports indicate that, in cases where placement of an individual in a psychiatric institution has been decided, often the implementation of such decision takes a long time, which leads to situations where persons with mental illnesses remain incarcerated for excessive periods. 7. Laâyoune, Western Sahara 61. The Special Rapporteur received numerous submissions and testimonies relating to the legal and political status of the territory as well as complaints concerning a vast array of human rights violations other than torture and ill-treatment. He also received multiple requests for interviews and written submissions on matters within his mandate. Consistent with the terms of reference of the mandate, the present report will not deal with allegations of human rights violations other than torture or cruel, inhuman or degrading treatment, nor will it address issues relating to the status of Western Sahara as a Non-Self-Governing Territory. 62. Regarding cases within his mandate, the Special Rapporteur found that torture and ill-treatment were used to extract confessions and that protestors were subjected to excessive use of force by Moroccan law-enforcement officials. The testimonies received indicate that members of the Sahrawi population are specifically, but not exclusively, victims of such violations. 63. The Special Rapporteur received numerous complaints indicating a pattern of excessive use of force in repressing demonstrations and in arresting protestors or persons suspected of participating in demonstrations calling for self-determination of the Sahrawi population. During the transport to or upon arrival at the police station arrestees are beaten, insulted and forced to reveal names of other protestors. The Special Rapporteur expresses concern about the alleged abandonment of the victims in rural areas after the assaults. Reports indicate that these practices are aimed at punishing and intimidating protestors in order to prevent further support for the call for independence. On occasion, protests become violent and the security forces are attacked by demonstrators. Even on those occasions, it is the duty of law enforcement bodies to ensure public order without resorting to excessive violence. During the presence of the mission in Laâyoune, one such demonstration was held. There were some scuffles but, by all accounts, riot police acted with restraint. A few demonstrators went to hospital and, after initially being denied treatment, they were in fact assisted following the intervention of the local branch of CNDH and all were released without serious injury. The Special Rapporteur observes that, if appropriate crowd control methods had been applied while he was in town, it should have been possible for police to behave in the same manner at all other times, not only in Western Sahara but also elsewhere. 64. Other reports indicate that Moroccan police forces regularly raid private homes of alleged or known supporters of the independence of Western Sahara, in procedures that include beating and ill-treatment of the inhabitants. 14

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