10
EL HASKI v. BELGIUM JUDGMENT
...
III. MATERIAL
MOROCCO
ON
THE
HUMAN
RIGHTS
SITUATION
IN
A. Findings and recommendations of the United Nations Committee
against Torture and Human Rights Committee
50. In its conclusions and recommendations following the third periodic
report of Morocco (CAT/C/CR/31/2; 5 February 2004), the United Nations
Committee against Torture expressed its concern about, in particular, the
increase in the number of allegations of torture and cruel, inhuman or
degrading treatment or punishment, implicating the National Surveillance
Directorate (DST) (§ 5.d) and the non-existence of a provision of criminal
law prohibiting any statement obtained under torture from being invoked as
evidence in any proceedings (§ 5.g). It recommended in particular: that the
Criminal Code be amended such as to clearly prohibit any act of torture,
even if perpetrated in exceptional circumstances or in response to an order
received from a superior officer or public authority (§ 6.b), and to
incorporate a provision prohibiting any statement obtained under torture
from being invoked as evidence in any proceedings (§ 6.h); that all
necessary measures be taken to eliminate impunity for public officials
responsible for torture and cruel, inhuman or degrading treatment (§ 6.e);
that all allegations of torture or cruel, inhuman or degrading treatment be
immediately investigated impartially and thoroughly, especially allegations
relating to cases and situations verified by the Independent Arbitration
Commission and allegations implicating the DST in acts of torture, and that
appropriate penalties be imposed on those responsible, with equitable
compensation being granted to the victims.
51. The concluding observations of the United Nations Committee
against Torture, having considered the fourth periodic report of Morocco
(CAT/C/MAR/CO/4; 21 December 2011), read as follows:
“...
Use of torture in cases involving security concerns
10. The Committee is concerned by numerous allegations regarding torture and illtreatment committed by police officers, prison staff and, in particular, agents of the
National Surveillance Directorate (DST) who are acting as members of the criminal
investigation police force when people are deprived of basic legal safeguards, such as
access to legal counsel, particularly in the case of people who are suspected of
belonging to terrorist networks or of being supporters of independence for Western
Sahara and in the course of interrogations carried out in order to extract confessions
from persons suspected of terrorism (arts. 2, 4, 11 and 15).
The State party should immediately take substantive steps to investigate acts of
torture and to prosecute and punish those who have committed such acts. The State
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