CAT/C/68/D/817/2017
4.6
On 21 May 2014, in follow-up to the report of the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment, 7 the Crown Prosecutor General
decided to reopen the case and request that an investigation be carried out by the
investigating judge. The latter summoned the complainant in July 2014, but he refused to
appear before the judge without counsel.
4.7
On 31 July 2014, the complainant was interviewed in the presence of his counsel
and a certified interpreter. On 17 September 2014, the Crown Prosecutor General requested
that a new medical examination be conducted and, on 19 September 2014, the investigating
judge ordered that it be carried out by five doctors. The results of this new examination led
to the conclusion that the allegations were unfounded and that signs of alleged torture or illtreatment are difficult to find when a long period of time has elapsed since the alleged acts
took place. On 20 October 2015, the investigating judge ordered a dismissal and decided to
reclassify the case.
4.8
With regard to the complainant’s application for review, the State party indicates
that, after the complainant was prosecuted for participation in an association formed or an
agreement reached for the purpose of preparing or committing acts of terrorism or acts that
could disrupt public order, he was sentenced at first instance to 15 years’ imprisonment,
after which the sentence was reduced on appeal to 12 years’ imprisonment. On 19 April
2014, the complainant’s application for review was denied by the Court of Cassation.
4.9
With regard to the conditions of detention, the State party indicates that the
complainant was transferred on 10 October 2016 to the Tiflet 2 local prison, a newly
constructed facility that meets proper standards of detention and is intended for persons
convicted in various cases or serving sentences of various kinds. He enjoys all his rights in
accordance with international standards concerning detention and national legal and
regulatory requirements, in particular those under Act No. 23/98. The complainant’s
transfer was carried out in the usual manner and in accordance with the regulations in force.
In this context, the complainant was able to inform his sister of his transfer as soon as he
arrived at the Tiflet 2 prison.
4.10 With regard to the complainant’s current conditions of detention, his incarceration
cannot in any way be considered “solitary confinement”. In fact, he is being held in a wellventilated, well-lit single-person cell with proper sanitary conditions. Since 1 April 2017,
other inmates have been placed in his section of the prison, with the result that he is not
alone when he goes outdoors for exercise.
4.11 It should be noted that the complainant has always refused to comply with the rules
in force and has constantly encouraged other inmates to break the rules. He has proclaimed
himself to be the defender and spokesperson of the other inmates, presents himself as their
leader and has enlisted some of the more acquiescent inmates to serve him. He was the
main instigator of the Salé 2 prison riot in May 2016.
4.12 What is more, the complainant continually provokes, insults and threatens prison
officials. Like all other inmates in Moroccan prisons, the complainant is visited by his
family members, relatives and counsel each time they come to the prison. In addition, as his
family lives far away and is unable to visit him regularly, the prison administration allows
him longer visits so that he can enjoy his family.
4.13 Like all other prisoners, the complainant is given meals that are prepared by an
external company and meet nutritional requirements in terms of diversity, quantity, calories
and preparation. His visitors can bring him food if they wish.
4.14 In terms of medical care, the complainant continues to be closely monitored by the
prison doctors. His allegations of medical negligence are unfounded and are simply
intended to mislead public opinion and portray him as a victim. In addition, he receives
necessary medical assistance at the prison infirmary or at the hospital, and is given the
medication prescribed for him, as shown by his medical record. Since his imprisonment on
30 March 2017, he has had 128 medical examinations at the facility, 10 examinations in
different specialist areas at the hospital, 15 dental examinations and 12 visits to a
7
GE.20-00011
A/HRC/25/60/Add.2.
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