A/HRC/22/53/Add.2
themselves were so close together that, even at full capacity or somewhat below capacity,
living conditions would still be overcrowded. The Special Rapporteur finds that a better
indication of overcrowding would be to divide total inhabitable capacity by the size of the
population (69,054). He understands that figure would be between 1.5 and 3 cubic metres
per inmate, not counting common areas and toilets and showers.
47.
The high rate of overcrowding was confirmed by the Special Rapporteur. In the
facilities he visited, the universally accepted standards were not met. Inmates live in highly
overcrowded cells and in some cases without beds due to the high number of inmates per
cell and with mostly poor ventilation. Overcrowding inevitably leads to serious violations,
such as denial of or insufficient access to medical care, nutrition, sanitation, security and
rehabilitation services.
2.
Torture and ill-treatment in prisons
48.
The majority of the victims examined in the prisons visited denied ever being
subjected to any kind of torture or degrading treatment inside prison establishments. Also,
the allegations received usually pointed to a small number of staff committing these
violations—the majority of the penitentiary staff is not involved in such violations.
49.
In several of the forensic medical examinations conducted, physical sequelae of
traumatic injuries were visible and compatible with the allegations made, but not, in the
majority of the situations, diagnostic of torture or ill-treatment. However, the consistency
and coherence of the histories and descriptions given by numerous victims, and the
coherence of the physical consequences suffered post-trauma give credibility to the
allegations of torture or ill-treatment. The most frequent and consistent testimonies
concerned prisoners serving sentences relating to terrorism and members of Islamist
groups, all of whom are particularly targeted for such abuse. These cases are also
characterized by failure to investigate the prisoner’s complaints.
50.
Upon request, some of the prison authorities provided information about the
application of and procedures for disciplinary measures. However, the oversight of such
measures, in particular the use of solitary confinement as punishment, and the applicable
complaint mechanisms remain unclear. Testimonies indicate that solitary confinement is
widely used as a disciplinary measure, and lasts from three days up to several weeks
(detainees usually referred to the ―black hole‖). Inquires revealed that isolation is the
primary, and often only, disciplinary measure applied, without resort to less harmful and
more progressive disciplinary steps of an incremental nature, such as temporary denial of
some benefits.
3.
Inmates serving life imprisonment/death row inmates
51.
The Special Rapporteur takes note that since 1993 there has been a de facto
moratorium on the enforcement of the death penalty. He welcomes the Government’s
decision to impose a moratorium on executions and its announced intention to abolish the
death penalty. The Government reported that as of August 2012 there were 110 prisoners
sentenced to death (including two women) and 662 inmates serving life imprisonment.
Most of these inmates are detained in Kenitra Central Prison, which the Special Rapporteur
visited.
52.
The prison regime and physical conditions are especially harsh for those on death
row or serving life sentences compared to those of the general prison population. The
Special Rapporteur observed that inmates generally depended heavily on their families to
provide food and medication, which is an economic hardship that particularly affects
families of individuals serving indefinite or lengthy sentences. Also, family visits are, in
practice, limited due to the distance many families live from those serving lengthy
12
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