A/HRC/22/53/Add.2
65.
The Special Rapporteur visited the Prison of Laâyoune, the Moulay Hassan Ben El
Mehdi Hospital in Laâyoune and the Gendarmerie station in the Port of Laâyoune. He noted
that the women’s section of the prison and the psychiatric centre at the hospital, which had
been recently renovated, were of a high standard compared to the other sections of the
prison.
66.
The Special Rapporteur received credible testimonies relating to torture and illtreatment in the Prison of Laâyoune, including rape, severe beating and isolation up to
several weeks, particularly of inmates accused of participating in pro-independence
activities. He observed extreme overcrowding, which had a negative impact on the level of
hygiene, quality of nutrition, access to health care and general health of the inmates. In
addition, he received reports about denial of health care. With regard to the events
surrounding the closure of the Gdeim Izik camp in November 2010, the Special Rapporteur
is concerned that 25 Sahrawi civilians are being tried before a military court for their
alleged role in the violent clashes that occurred in Western Sahara. The Special Rapporteur
received testimonies of torture and ill-treatment, including rape and deteriorating health
conditions of some of the detainees due to the prison conditions. The trial has been
repeatedly postponed without reasons provided by the court. On 17 February 2013 the
military court issued its verdict by rejecting all requests to investigate the allegations of
torture and refusing to order medical examinations in relation to the allegations of rape
raised by several of the defendants. The military court did not issue a written judgement..
The Special Rapporteur expresses concern regarding the fact that the allegations of torture
and ill-treatment during the almost two years of pretrial detention have not been
investigated. The fact that the case is before a military rather than a civilian court
contributes to the lack of transparency and refusal to investigate the allegations of
mistreatment.
67.
During his visit to the psychiatric hospital in Laâyoune, Western Sahara, the Special
Rapporteur noted a lack of equipment and furniture, but decent living conditions for
patients. Basic drugs were available and stored according to minimum standards. However,
he noted with concern that the facility has only one psychiatrist, who is competent and
well-trained but covers a population of several thousand, which exceeds the universally
established standards. In addition there is also a shortage of paramedical staff.
IV. Conclusions and recommendations
A.
Conclusions
68.
The Special Rapporteur welcomes the adoption of the new Constitution in July
2011, marking an important step towards the reinforcement of human rights.
69.
The Special Rapporteur commends the strategic plan of the Interministerial
Delegation for Human Rights for 2012-2016 and hopes that its implementation will
further strengthen the prohibition of torture and ill-treatment.
70.
The establishment of the National Human Rights Council (CNDH) is a very
positive institutional development. It can become an effective monitoring mechanism
and mediator between the State and its citizens if its recommendations are
implemented in good faith.
71.
Crucial to the development of an emerging culture of human rights is the effort
made by the authorities, through the Equity and Reconciliation Commission, to
address the legacy of past abuses during the “years of lead”. The Special Rapporteur
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