A/HRC/22/53/Add.2
welcomes the acknowledgment of cases of torture during the “years of lead”, but
regrets that senior authorities deny that torture still occurs.
72.
In cases involving State security, such as terrorism, membership in Islamist
movements, or supporters of independence for Western Sahara, there is a pattern of
torture and ill-treatment by police officers during the arrest process and while in
detention, in particular, by agents of the National Surveillance Directorate (DST).
Many individuals have been coerced to confess and sentenced to prison on the basis of
such a confession. The violations often continue while these individuals are serving
their sentences.
73.
When the police or other authorities respond to incidents that involve protests
or assembly, there is a corresponding increase in the use of excessive force. Whether
or not the demonstrations are permitted, authorities must comply with international
standards based on necessity and proportionality in the use of force and respect for
the right to life and physical integrity.
74.
The Special Rapporteur also expresses concern about the increase in reported
violence by security forces against migrants and asylum seekers, particularly in the
north of the country. National protection mechanisms and investigations are
insufficient and there is a lack of legal and medical assistance for those subjected to
torture or ill-treatment.
75.
The Special Rapporteur expresses concern that, despite the legal provision that
provides for a lawyer in the first 24 hours upon arrest in ordinary criminal cases, this
time period seems not to be fully implemented in practice. He expresses particular
concern with regard to the Anti-Terrorism Act (No. 03-03), which provides for police
custody for up to three consecutive periods of 96 hours with no right to a lawyer,
except for a half-hour, monitored visit at the mid-point of that period.
76.
The Special Rapporteur notes that the Moroccan judicial system relies heavily
on confessions as the main evidence to support conviction. Article 293 of the Code of
Criminal Procedure prohibits the admission of any confession or statement made
under duress, in accordance with international law. However, complaints indicate the
use of torture by State officials to obtain evidence or confessions during the initial
stage of interrogation, in particular in counter-terrorism or internal security cases.
77.
The Special Rapporteur was provided with examples of and statistics on
persons who have been acquitted despite having confessed to crimes, but he did not
see concrete examples in which courts applied the exclusionary rule mandated by
international law with regard to torture.
78.
The present Moroccan forensic system, whereby detainees are subjected to
forensic examinations performed by doctors with no specific forensic training (clinical
doctors acting as court “experts”), is not in accordance with international standards.
79.
The complaint system regarding allegations of torture and ill-treatment, and
the investigation, prosecution and punishment of perpetrators, with the exception of a
very few cases, seems to be provided for in law but not implemented. The Special
Rapporteur concludes that the complaint mechanisms currently available are neither
effective nor independent. Allegations of torture and ill-treatment should be admitted
at any stage of the trial and courts are obliged to launch ex officio investigations
whenever there are reasonable grounds to suspect torture or ill-treatment.
80.
On the other hand, the Special Rapporteur wishes to acknowledge that CNDH
has established an increasingly effective monitoring mechanism for many violations of
human rights, including torture and ill-treatment. These mechanisms apply in most
areas, including Western Sahara, and were established after the creation of regional
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