E/CN.4/1992/17
page 55
(a) Abdeljalil Yakouti was arrested for being obviously inebriated
in public and used his shirt to hang himself at police headquarters in
Onerzazate, as established by the forensic surgeon. A preliminary
investigation has been initiated by the examining magistrate in Onerzazate;
(b) Abderrahim Ben Khalifa. This person is Benkhalifa Abderrahim
Ben Hdia, a 32-year-old Moroccan, born in Donar Jbara, Skhour Rharnna.
On 25 August 1989, Laaroussi M'Bark (Mokadem) and Astif Hammad (Cheikh) had
an argument over a debt with Benkhalifa Abderrahim Ben Hdia, and they beat him
up. He was taken to Marrakesh Hospital, where he died from his injuries. The
autopsy revealed that death had been due to a cerebral haemorrhage caused by
the blows he had received. The two representatives of the public authorities
who were prosecuted were sentenced to prison terms of 15 and 5 years
respectively by the court at Marrakesh;
(c) Larbi Charrat was arrested by the Royal Gendarmerie in Dar Bel Amri
for disturbing the peace. According to the autopsy conducted by the forensic
surgeon, the Chief Physician at the rural hospital at Sidi Slimane, cause
of death was asphyxiation by hanging. A second autopsy conducted by
Dr. Boukili Hassan of the Rabat Health Department also reached the conclusion
that death had been due to hanging. A preliminary investigation was begun
before the examining magistrate at Kenitra.
159. The Government also sent the Special Rapporteur a note on the current
situation in Moroccan prisons, describing the efforts made by the prison
administration to improve conditions in custody. Thus it was stated that:
"As part of their functions under the law, the Ministries of Justice
and the Interior periodically circulate to their departments instructions
aimed at ensuring respect for, and enforcement of, the law. Abuse of
authority and acts which deliberately infringe the law (unlawful violence
or ill-treatment of persons during interrogations) render the
perpetrators liable to disciplinary sanctions and also criminal
proceedings before the competent courts, in implementation of article 231
of the Penal Code, which lays down punishment for voluntary acts of
violence, in particular by members of the forces of law and order. The
penalties issued for abuse of authority or professional misconduct
against representatives of the public authorities and officers and
members of both the National Sûreté and the Royal Gendarmerie show that
the authorities are far from acquiescent towards situations in which the
rights of individuals are violated. The judicial authorities do not
hesitate to act severely against persons responsible for practices that
infringe the law."
160. On 23 August 1991 the Government informed the Special Rapporteur, in
reply to his letter of 28 April 1988 (see E/CN.4/1989/15, para. 64) that
prisoners Mechrouhi Dahbi and Hamdani Najib had been released.
161. On 6 August 1991 the Special Rapporteur addressed to the Moroccan
Government a letter transmitting information according to which cases of
torture and ill-treatment still occur. Various methods of torture are
allegedly practised, in particular the falaqa method, consisting of beatings
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