A/HRC/22/53/Add.2
12.
The Special Rapporteur welcomes the efforts made between 2003 and 2005 by the
transitional justice mechanism, the Equity and Reconciliation Commission, to investigate
the gross, large-scale and systematic human rights violations that took place in Morocco
between 1956 and 1999 (a period that Moroccans call ―the years of lead‖), including many
cases of torture and ill-treatment. However, he notes that not all the victims or families of
victims have received compensation and that in some cases the compensation awarded has
been neither equitably distributed nor adequate or effective. In addition, as also noted by
the Committee against Torture, the Special Rapporteur is concerned that the work of the
Commission has not broken the cycle of de facto impunity of the perpetrators of violations
of the Convention committed during that period, since to date none of them has been
prosecuted.
A.
Practice of torture and ill-treatment
13.
The situation on the ground regarding the practice of torture has improved since the
―years of lead‖. However, the Special Rapporteur received credible testimonies of undue
physical and mental pressure exerted on detainees in the course of interrogations in
ordinary criminal cases and, in particular, cases involving State security. This was largely
corroborated by forensic expertise which indicated that the mistreatment inflicted during
that phase of detention was normally of short duration, consisting mainly of physical
trauma caused by punches, kicks, slapping and, occasionally, blows with objects, and
verbal insults and threats. In some cases detainees complained of more severe physical and
torture and mistreatment, including falaqa (beating the soles of the feet with a stick),
shocks in the testicles, anal insertion of foreign bodies, waterboarding, etc.
1.
Cases involving allegations of terrorism or threats against national security
14.
The Special Rapporteur is deeply concerned about several testimonies of torture and
ill-treatment in cases involving allegations of terrorism or threats against national security.
In these cases a systematic pattern of acts of torture and ill-treatment during the detention
and arrest process can be detected.
15.
In such cases, it appears that suspects are often not officially registered, that they are
held for weeks without being brought before a judge and without judicial oversight, and
that families are not notified until such time as the suspects are transferred to police custody
in order to sign confessions. It was reported that in many cases victims are then transferred
to a police station where a preliminary investigation is opened, dated from the transfer to
avoid exceeding the limits placed on the custody period.
16.
In addition, the Anti-Terrorism Act (No. 03-03) of 2003 extends the time limits on
custody to up to 96 hours, renewable twice. This means that detainees may be held for up to
12 days upon written consent from the prosecution before being brought before the
investigative judge. In addition, communication with a lawyer is possible only 48 hours
after the renewal of custody is granted. Hence suspects may be deprived of all contact with
the outside world for six days before being allowed to communicate for half an hour with a
lawyer and even then,under the control of a police officer (article 66 para. 10, Code of
Criminal Procedure). The Special Rapporteur notes that these provisions restricting crucial
safeguards, such as early contact with counsel, significantly increase the risk of torture.
17.
The Special Rapporteur examined numerous cases that occurred in the aftermath of
the attacks in Casablanca of 16 May 2003, where thousands of suspects were arrested, often
by officials of the National Surveillance General Directorate (DST), and held
incommunicado or at unknown places of detention. He also heard testimonies of terrorism
suspects recently arrested. It appears that currently torture is widely used to extract
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