253. In addition,
members of the Committee wished to know which civil
rights
could be lost under article
225 of the Criminal
Code, an8 for how long;
whether
the King’s
Prosecutor
and the examining magistrate
could receive
complaints
from prisoners
during visits
to detention
centres:
whether
an
individual
could have recourse
to the King’s
Prosecutor
or the supervisory
commissions
on behalf of a relative
who was in prison:
which authority
controlled
the Tazmemart detention
centre:
what wae the general
state
of
health among the prisoners
; whether
prisoners
were always released
as soon as
their
sentences
were over) whether
the provision
in article
399 of the
Moroccan Criminal
Code laying
down the death penalty
for aqyone guilty
of
“torture
or barbarous
acts”
also applied
to officials:
whether
the Government
intended
to ratify
the Convention
against
Torture
and Other Cruel,
Inhuman or
Degrading
Treatment
or Punishment;
what the rules were governing
interrogation
proceduresr
what steps the Government had taken to investigate
allegations
of
torture:
whether
it had adopted any measures
to prevent
torture
in the future;
whether
a suspect’s
lawyer could be present
during
interrogation;
whether
the
police
in Morocco received
any human rights
trainings
whether
a confession
made by a suspect
while
in police
custody would be sufficient
to secure
conviction
without
further
prooft
what was the maximum period of pre-trial
detention:
and whether
article
231 of the Code of Criminal
Procedure
implied
that the court could admit police
reports,
and was even required
to do so.
254. Replying
to the questions
on articles
231 and 225 of the Moroccan
Criminal
Code, the representative
said that no examining magistrate
in Morocco
had ever been known to use violence during the interrogation
of an accused
person.
Moroccan positive
law ruled out any form of violence or torture,
and
any public official,
superintendent
or officer
of the police who resorted to
such methods did.so on his own responsibility
and would have to answer for it
in court.
Any confessions obtained by such methods were invalid.
Torture and
inhuman or degrading treatment on a systematic
basis were unknown in Moroccan
prisons.
There were occasional riots or attacks on prison officers
but, even
then, the prison authorities
never used force systematically.
Complaints’ of
ill-treatment
made by prisoners were submitted to the administrative
authorities
and, in serious cases, to the Ministry
of Justice,
and a number of
officials
had been convicted of such offences.
The treatment of prisoners had
become much more humane, and ill-treatment
as a disciplinary
measure had been
of Justice was preparing a new law governing
abandoned. The Ministry
condition8 of detention,
which would be fully
consistent with the United
Nations Standard Minimum Rules for the Treatment of Prisoners.
Following the
establishment of administrative
tribunals,
the State itself
could now be
called to account for its actions, at least under a procedure for financial
compensation.
255. The prison population was growing rapidly owing to the rising crime rate,
which was partly
due to the population explosion and the country’s
economic
problems.
The number of prison establishments was inadequate, and their total
capacity was only 7,000 for a prison population of 37,000.
The insanitary
prison at Laalou had now been closed and replaced by a more open and spacious
prison.
All the jails built by the Protectorate
authorities
had been closed,
together with insanitary
establishments.
In its present economic
circumstances, Morocco
was not in a position to set about constructing
enough
prisons to house the prison population
in accordance with the Standard Minimum
Rules. With regard to a sedret detention centre in Tazmamart, the
representative
said that since some international
human rights organizations
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