Assessing Damage, Urging Action
is unclear or disputed.180 Participants from Egypt, Jordan, Morocco and Pakistan
alleged that detention facilities used by the security services were not acknowledged, not listed as official places of detention and were not under the effective
control of civilian authorities. In other countries, such as Algeria, the military intelligence agency exercises judicial police powers, and is formally subject to the control
of the judiciary or the public prosecutor, but those controls were often said to be
ineffective.
In Morocco, for example, the Panel heard consistent reports of terrorist suspects
(especially after the 2003 Casablanca attacks) being held in an unacknowledged
detention facility in Témara (outside Rabat), run by the Direction de la surveillance
du territoire (Directorate of Territorial Surveillance: DST). Many allegations have
been made of incommunicado detention, ill-treatment and torture.181 As the centre
is not listed as a detention facility under the authority of the Ministry of Justice,
it is not routinely inspected. Participants conveyed a strong sense that the intelligence services act with great impunity, unaccountable to either the courts or the
parliament.
Elsewhere in North Africa, the Panel was informed that Algeria’s military intelligence,
the Département du renseignement et de la sécurité (Department for Information
and Security: DRS), has authority under the criminal procedural code to exercise
the powers of the judicial police. Technically therefore the DRS operates under
some civilian control, when exercising judicial police functions. However, in practice
there was a wide consensus amongst witnesses that the services are acting without
restraint, and the DRS has been accused of involvement in torture, and large scale
enforced disappearances (both now and in the past). There continue to be serious
allegations of the detention of suspects in unacknowledged places of detention,
and de facto administrative detention by placing people in “assigned residence” in
military compounds. The Panel was told that the Charter on Reconciliation adopted
in September 2005 fails to recognise the responsibility of the security services for
serious human rights violations. Subsequent Presidential decrees implementing the
Charter preclude any criminal investigation for past human rights violations by the
180 In Jordan, different views were raised in the Hearing as to the legal authority for officers of the General
Intelligence Department (GID) to arrest and detain persons suspected of terrorism: no explicit legal basis for
these powers exist, but the Court of Appeal has treated intelligence officers as qualifying as judicial officers.
In Morocco, there was a lack of clarity as to whether the intelligence services have legal authority to detain
and arrest terrorist suspects. Government representatives denied that the detention and interrogation of
terrorism suspects occur outside the ordinary framework of law enforcement detention, but held that intelligence agents can provide assistance to law enforcement operations, and certain officers have a dual role.
In Pakistan, the powers of the ISI are not regulated by any legislation, so there is no clear legal basis for the
ISI to detain and arrest individuals.
181 Several detainees rendered to Morocco by the United States, and former detainees from Guantánamo Bay
have also reportedly been held under the authority of the DST in Témara.
77
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