A/HRC/22/53/Add.2
confessions in cases involving national security. These practices include beating with sticks
and hoses, hanging for long periods, beating on the soles of the feet (falaqa), slapping the
face and particularly the ears, kicking, exposure to extreme temperatures, sexual assault and
the threat of sexual assault.
18.
The Special Rapporteur notes that, although in May 2011 delegations from
Parliament and CNDH reported finding no evidence of a detention facility located at the
DST headquarters in Témara, testimonies indicate that persons are detained
incommunicado at this and other locations. While article 23 of the Constitution explicitly
states that secret or arbitrary detention and forced disappearances are crimes of the utmost
seriousness, the Special Rapporteur is deeply concerned about past and present practices of
incommunicado detention.
19.
The Special Rapporteur found that detainees convicted for terrorism-related offences
continue to be subjected to torture and ill-treatment while serving their sentences. Most of
these prisoners are held in the Salé 1 and Salé 2 prisons and the Tulal Prison in Meknès.
Numerous reports were received of sexual assault and the threat of further reprisals if
complaints were filed, in particular after the uprising in the Salé 2 prison on 16 May 2011.
In this context it is also reported that solitary confinement is excessively used as a
disciplinary measure, for periods ranging from several days to several weeks.
2.
Excessive use of force during demonstrations
20.
The Special Rapporteur received credible information regarding excessive use of
force by law enforcement officials during the protests in Rabat and several other cities in
February and March 2011 (referred to as the 20 February Movement) calling for
constitutional reform and democracy. Security forces were reported to have attacked
protestors on many occasions, leading to at least one death and many injuries.
21.
The Special Rapporteur received similar testimonies of excessive use of force during
demonstrations that referred to the events on 15 May 2012 in Rabat, Fez, Tangiers and
Témara, where demonstrators demanded the closure of the alleged secret detention centre in
Témara. Furthermore, he received information that on 29 May 2012, a demonstration
organized in the town of Safi was violently dispersed by the security forces. One protester
was severely beaten by police officers and died from his injuries on 2 June 2011.
22.
The Government explained that most of the above-mentioned demonstrations had
not been authorized and so had been legitimately dispersed, but the Special Rapporteur
reiterates that excessive use of force is prohibited under international law and that law
enforcement officials, in carrying out their duties, are to apply non-violent means before
resorting to the use of force and firearms. Depending on the seriousness of the pain and
suffering inflicted, excessive use of force may constitute cruel, inhuman or degrading
treatment or even torture.
23.
In addition, the Special Rapporteur examined cases of violence against protestors
after arrest, including beatings carried out during transfer to police stations and during
interrogation and the coercion into confessions which later had been used before the courts
to secure a conviction and prison sentence.
3.
Migrants, refugees and asylum seekers
24.
The Special Rapporteur received information about severe beating and acts of sexual
violence against sub-Saharan migrants who attempt to transit through northern Morocco by
sea or through Ceuta and Melilla en route to Europe every year. The Special Rapporteur
received evidence that suggested a pattern of systematic abuse of sub-Saharan migrants,
involving beatings with sticks, stones or other implements, sexual assault or the threat of
sexual assault and other forms of ill-treatment, such as being tied with ropes, burned with
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