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international obligations, anyone who commits acts of torture, attempts to commit
torture, or is complicit or otherwise participates in such acts is investigated,
prosecuted and punished without the possibility of availing themselves of any statute
of limitations.
6.
The Committee is concerned by some of the existing legal provisions on torture,
particularly those providing for the possibility of granting an amnesty or pardon to
perpetrators of acts of torture. It is also concerned by the absence of a specific provision
which clearly establishes that the order of a superior officer or of a public authority may not
be invoked as a justification for torture and by the absence of a specific protection
mechanism for subordinates who refuse to obey an order to torture a person who is in their
custody (arts. 2 and 7).
The State party should ensure that its laws preclude any possibility of granting
amnesty to any person convicted of the crime of torture or any kind of pardon that
violates the Convention. The State party should also amend its laws in order to
explicitly stipulate that an order from a superior officer or a public authority may not
be invoked as a justification of torture. The State party should establish a mechanism
for the protection of subordinates who refuse to obey such an order. The State party
should ensure that all law enforcement officers are informed of the prohibition of
obeying such an order and are made aware of the protective mechanisms that are in
place.
Basic legal safeguards
7.
The Committee notes that Moroccan law provides a number of basic safeguards for
persons taken into custody which are designed to prevent torture. It also takes note of the
existence of, among other important proposals, draft legislative amendments aimed at
ensuring that a person taken into custody will have access to a lawyer more quickly. The
Committee is nonetheless concerned by the restrictions placed on the application of some of
those basic legal safeguards, both under existing statutory law and in practice. The
Committee is particularly concerned about the fact that, at present, a lawyer may not see his
or her client until the first hour after the person’s period of detention has been extended,
provided that authorization has been obtained from the Crown Prosecutor-General. It is also
concerned by the fact that access to the legal aid office is limited to minors and cases in
which the possible sentence for a crime exceeds five years. The Committee regrets the lack
of information on the practical application of other basic safeguards such as examination by
an independent physician and notification of the family (arts. 2 and 11).
The State party should make certain that the bills currently under consideration
ensure that all suspects will have the right to enjoy, in practice, the basic safeguards
provided for by law, which include their right to have access to counsel at the time of
their arrest, to be examined by an independent physician, to contact a relative or
friend and to be informed of their rights and the charges against them, and to be
brought before a judge without delay. The State party should take the necessary steps
to ensure that people have access to their lawyers as soon as they are taken into
custody, without any need to obtain prior authorization, and to put in place a system
for the provision of effective legal assistance free of charge, particularly in the case of
persons at risk or who belong to vulnerable groups.
Anti-terrorism law
8.
The Committee notes with concern that Anti-Terrorism Act No. 03-03 of 2003 does
not set out a precise definition of terrorism, as required in order to uphold the principle that
there can be no penalty for an offence except as prescribed by law. It is also concerned by
the fact that the law in question defines advocacy of terrorism and incitement of terrorism
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