A/HRC/22/53/Add.2
41.
During the visit, CNDH indicated that it would be ready to act as the national
preventive mechanism foreseen in article 17 of the Optional Protocol, but would support a
comprehensive process of consultation with other actors prior to any decision.
C.
Conditions of detention
42.
Since 2008, the overall responsibility for correctional facilities in Morocco, the
implementation of judicial decisions and the execution of sentences lies with the General
Delegation for Prison Administration and Reintegration,a governmental body reporting
directly to the Head of Government. The main national legal instrument regulating prison
conditions and treatment of prisoners is the Prisons Act (No. 23/98) of 1999. Morocco has
73 detention facilities, including 3 central prisons for long-term imprisonment and life
sentences, and 58 local prisons for pretrial and short-term detainees.
43.
The Special Rapporteur visited a number of facilities of deprivation of liberty and
detention centres in Rabat, Kenitra, Skhirat-Témara and Casablanca, including police
stations of the Police and the ―royal Gendarmerie‖; pretrial detention facilities; prisons,
including a death-row section, and sections for juveniles and for women; one temporary
detention facility for irregular migrants and asylum seekers; one juvenile correctional
facility; and one psychiatric institution. He notes that there was obvious readiness and
preparation for his visit, including the relocation of certain prisoners. While this may have
detracted from his ability to see these places more spontaneously, he appreciates the
impressive effort undertaken to invest in the upgrading and renovation of these facilities,
which will hopefully have longer term positive benefits.
44.
The Special Rapporteur observed that there were a high number of doctors and
nurses present during his inspections of detention facilities, but independent medical care is
not provided. The facilities visited suffer from a shortage of infirmary equipment,
particularly in relation to dental care, which was insufficient or non-existent. Psychiatric
medical care was also insufficient or even non-existent. However, the Special Rapporteur
did not detect situations of detainees with infectious contagious diseases, namely
tuberculosis, living side by side with all the others.
45.
The Government informed the Special Rapporteur that the budget for nutrition
service in detention facilities was 331 million dirhams (DH) in 2012. He notes that this
represents a three-fold increase of the budget from 2008 (DH 108 million). In this context,
the Government explained that the control lies with the local office of hygiene. However,
no independent control exists over the quantity and quality of the food. It appears that
inmates rely heavily on their families in order to avoid malnutrition. The kitchen facilities
visited were clean but poorly equipped and not sufficiently maintained to provide inmates
with balanced and healthy meals.
1.
Overcrowding
46.
The authorities openly acknowledged that overcrowding was an issue that needed to
be addressed. The Government informed the Special Rapporteur that, as of August 2012,
there was a prison population of 69,054 detainees (comprising both convicted and pretrial
detainees, who are not always kept separate, and including 1,613 female prisoners). There
have been conflicting figures as to the total capacity in the prison system. The General
Delegation informed the Special Rapporteur that it was 48,000-50,000, indicating an
overcrowding rate of about 38 per cent, while CNDH estimates it to be 37,000, which
would put the overcrowding rate at closer to 86 per cent. These figures may even
underestimate the real rate of overcrowding because the rates are based on the number of
beds available in relation to the actual population. In some of the prisons, the beds
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