A/HRC/22/53/Add.2
cigarette lighters and urinated upon. In addition he heard that afterwards victims are
dumped in forest areas or ravines or they escape to those places, far from assistance.
25.
The Special Rapporteur is also concerned about information received regarding
illegal and collective expulsions of hundreds of migrants to Algeria and Mauritania, where
they are allegedly subjected to torture and ill-treatment, including by being abandoned in in
no-man’s land without further assistance, most frequently near Oujda. Other testimonies
suggested that the principle of non-refoulement of persons at risk of torture has not been
respected by the Moroccan authorities.
B.
1.
Safeguards and prevention
Access to lawyers
26.
Article 23 of the new Constitution provides that a person in custody must benefit, as
soon as possible, from legal assistance and the possibility to communicate with relatives, in
conformity with the law. The Code of Criminal Procedure allows access to a lawyer after
the arrest, upon the authorization of the Prosecutor’s Office, during the first 24 hours for 30
minutes and in the presence of an investigator. Upon request of the investigator the
Prosecutor’s Office can delay contact with a lawyer for another 12 hours after the first 24
hours in custody. Testimonies from lawyers indicate that, in practice, they are often denied
access beyond the legal time frame. It appears that in the majority of cases, lawyers meet
their clients only at the first hearing before the judge. In the procedure provided for under
the Anti-Terrorism Act (No. 03-03), police custody can last for three consecutive periods of
96 hours and during that time there is no meaningful right to a lawyer except for the
monitored half-hour interview that can occur, at the earliest, at the halfway point of those
12 days. In addition, there is an evident risk that even those terms can easily be violated
simply by delaying the registration of the arrest.
2.
Evidence obtained under torture, and lack of ex officio investigations
27.
Article 293 of the Code of Criminal Procedure states that a confession, like any
other evidence, is subject to the discretion of the judge and that any confession obtained by
torture is inadmissible. However, the Special Rapporteur learned that courts and
prosecutors do not comply with their obligation to initiate an ex officio investigation
whenever there are reasonable grounds to believe that a confession has been obtained
through the use of torture and ill-treatment, or to order an immediate and independent
medical examination (see arts. 74 (8) and 135 (5) of the Code of Criminal Procedure) if
they suspect that the detainee has been subjected to ill-treatment. It appears that judges are
willing to admit confessions without attempting to corroborate the confession with other
evidence, even if the person recants before the judge and claims to have been tortured. In
addition, testimonies received indicate that many cases that are submitted to the courts are
based solely on confessions by the accused, in the absence of any material evidence. This
creates conditions that encourage torture and ill-treatment of suspects.
3.
Lack of effective investigation of torture allegations
28.
The Special Rapporteur was informed that, often, when defendants try to prove their
injuries in court, the judge reacts to these allegations by questioning the credibility of
defendants who did not raise the matter at the earliest opportunity—emerging from police
custody and appearing for the first time before the prosecutor or the investigating judge.
Upon request, the Government provided statistics on the number of investigations against
law enforcement officials, including members of the Royal Gendarmerie, judicial police
and customs during the period 2009 to 2012. The numbers provided by the Government
8