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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