CAT/C/68/D/782/2016
the proceedings, the articles that he had published online were removed and the print copies
were confiscated by the authorities.
3.7
In conclusion, the complainant requests not to be extradited to Egypt and asks to be
released immediately if he is not subject to proceedings on any other grounds justifying his
detention.
State party’s observations on admissibility and the merits
4.1
The State party submitted its observations on admissibility and the merits of the
complaint in a note verbale dated 22 May 2017.
4.2
Concerning the complainant’s claims that all domestic remedies have been
exhausted, the Moroccan authorities specify that, while the judgment of the Court of
Cassation in favour of the complainant’s extradition is not subject to any ordinary appeal, it
may be subject to an application for revocation, in accordance with articles 563 and 564 of
the Moroccan Code of Criminal Procedure.
4.3
Under article 563 of the Code of Criminal Procedure, judgments of the Court of
Cassation can be subject to an application for revocation in the following cases: (a) if a
decision has been handed down on the basis of documents found or recognized to be
forgeries; (b) in order to correct judgments vitiated by a clear error of fact that can be
rectified using elements contained in the judgment itself; (c) if the Court has failed to rule
on a request presented in the context of the presentation of evidence or has not provided a
reasoned judgment; and (d) if a decision of inadmissibility or termination of a case has been
issued for reasons arising from elements that were considered to be authentic but are found
to be false following the submission of new documents that are equally authentic.
4.4
For this reason, despite the complainant’s claims, the provisions of the Code of
Criminal Procedure clearly show that he has not exhausted all domestic remedies and that
his submission of a complaint to the Committee was premature.
4.5
With regard to the alleged risk that article 3 of the Convention would be violated if
the complainant were to be extradited, the State party points out, firstly, that, contrary to the
complainant’s current assertion, he never claimed before a national authority or court that
he would be in danger of torture if extradited. Secondly, it should be noted that the
Moroccan Code of Criminal Procedure, pursuant to the terms of the Convention and within
a framework of strict compliance with the relevant international standards, provides, in
article 721, that the Moroccan authorities have a duty to reject any extradition request for
an ordinary criminal offence if they have substantial grounds for believing that the request
has been made solely for the purpose of prosecuting or punishing an individual on the
grounds of race, religion, nationality or political opinions, or there is a risk of a
deterioration in the individual’s situation on any of those accounts.
4.6
Furthermore, the Moroccan authorities stress that the complainant’s arrest was
conducted within a strictly legal framework and in accordance with the provisions of the
Agreement on Mutual Assistance in Criminal Matters and Extradition concluded between
Morocco and Egypt on 22 March 1989. In short, the complainant has benefited from all
relevant legal and judicial guarantees and, in the light of all the above, the Moroccan
authorities have not identified any risk that he might be subjected to torture if extradited.
For this reason, and in compliance with the law, the Moroccan authorities have not violated
any provisions of the Convention.
4.7
With regard to the merits, the State party notes that the complainant was arrested on
the basis of an international arrest warrant issued against him by the Egyptian authorities
and on the basis of a request made by the competent Egyptian authorities, given that he had
been sentenced to life imprisonment following his involvement in a case of forgery of
authentic instruments in collusion with a public official. The State party states that the
complainant was sentenced in absentia in Egypt: on 14 May 2012 by the Helwan court of
first instance to 3 years’ imprisonment for misappropriation of funds under case No.
5374/2012; on 28 August 2013 by the Helwan criminal court to life imprisonment under
case No. 7286/2013 concerning forgery of authentic instruments in collusion with a public
official; and on 14 November 2013 by the Helwan court of first instance to 8 months’
imprisonment for misappropriation of funds under case No. 12229/2013.
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GE.19-22535