A/HRC/22/53/Add.2
branches of CNDH. These monitoring mechanisms should be encouraged and
improved upon, and authorities should respect their findings and implement their
recommendations. At the same time, they should not be considered as substitutes for
the complaint mechanisms referred to in the above paragraph.
81.
The Special Rapporteur thanks the General Delegation for Prison
Administration and Reintegration for the comprehensive statistics provided regarding
the prison population and administration of prisons, including various projects to
improve prison conditions throughout the country. However, the visits conducted to
detention facilities raised concerns about the fact that conditions in most prisons are
still alarming due to overcrowding, cases of ill-treatment and abusive disciplinary
measures, unsanitary conditions, inadequate food and limited access to medical care.
The Special Rapporteur also notes with concern that disciplinary measures such as
solitary confinement are excessively used and that the procedures and complaints
mechanisms are not clear.
82.
The Special Rapporteur welcomes the fact that CNDH has unimpeded access to
places of detention and that conditions of detention are increasingly documented.
However, he expresses concern with regard to the very limited access of nongovernmental organizations to places of detention. In addition, the continuing use of
incommunicado detention in cases involving perceived threats to national security
presents a challenge to monitoring activities that requires urgent attention.
83.
The Special Rapporteur is concerned at the conditions under which prisoners
are held on death row. These amount to cruel, inhuman or degrading treatment.
84.
Regarding Laâyoune, Western Sahara, the Special Rapporteur found that
torture and ill-treatment were inflicted during arrest, at police stations and at the
prison in Laâyoune. He also found that excessive force was used during
demonstrations for the independence of Western Sahara, including kidnappings and
abandonments in the desert, in order to intimidate alleged protestors.
85.
The Special Rapporteur also heard testimonies alleging violations committed
by non-State actors promoting independence of Western Sahara. While expressing
sympathy with victims, he notes that such allegations fall outside his mandate. Finally,
the Special Rapporteur regrets that meetings with civil society were monitored by
authorities and the media and that cameras were awaiting his arrival at every
location. In Laâyoune especially this created a climate of intimidation experienced by
a number of individuals he interviewed during the visit.
B.
Recommendations
86.
In a spirit of cooperation and partnership, the Special Rapporteur recommends
that the Government, with appropriate assistance from the international community,
including the United Nations and other actors, take decisive steps to implement the
recommendations below.
87.
With regard to legislation, the Special Rapporteur recommends that the
Government of Morocco:
(a)
Amend article 231-1 of the Criminal Code to ensure that complicity or
explicit or tacit consent on the part of law enforcement or security personnel or any
other person acting in an official capacity is specifically covered;
(b)
Amend article 224 of the Criminal Code to bring the definition of public
official into line with the definition of a public servant or other person acting in an
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