the general guidelines regarding the form and contents of periodic reports, notably because it did not devote a part to measures taken
to comply with the conclusions and recommendations previously addressed to the State party by the Committee.
B. Positive aspects
125.The Committee takes note of the following positive new developments:
(a)The declaration by the State party delegation of the intention of the executive, up to the highest level, and of the legislature, to
implement the Convention, which is directly applicable in Morocco, to adopt institutional, normative and educational measures, in
consultation with local and international associations, and to develop technical cooperation in the area of human rights with the United
Nations Development Programme (UNDP), the Office of the United Nations High Commissioner for Human Rights and nongovernmental organizations (NGOs). This political will has also been reflected in the release of political prisoners, including a group of
56 who were released in November 2002, and in the compensation of victims;
(b)The broadening of the mandate of the Consultative Council on Human Rights (CCDH); the appointment of a “mediator”, the
Diwan al-Madhalim, responsible for considering cases of human rights violations submitted to him and for forwarding to the
competent authorities the requisite proposals and recommendations; the establishment of the Mohamed VI Foundation for the
reintegration of prisoners, which is presided over by the King himself; the establishment of the Human Rights Documentation,
Information and Training Centre; the prison reform, including the adoption of measures to assist persons subjected to any form of
detention or imprisonment, notably juveniles in the child protection centres, and the implementation of measures to ensure medical
care and training for detainees and prisoners;
(c)The substantial reform of the relevant legislation initiated by the State party, in particular the Code of Criminal Procedure and the
draft reform of the Criminal Code, in consultation with CCDH and the competent human rights associations, notably with regard to
the presumption of innocence, the right to a fair trial, the right of appeal and consideration of the specific needs of women and
juveniles;
(d)The remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights
Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic
physicians;
(e)The unlimited access to detainees and prisoners accorded to independent local NGOs;
(f)The payment of compensation, following the recommendations made by the Independent Arbitration Commission set up within
CCDH on compensation for material damage and moral injury suffered by victims of disappearance or arbitrary detention and their
next of kin;
(g)The assurance that the State party will act on the recommendations and concerns addressed to it by the Committee.
C. Subjects of concern
126.The Committee expresses concern about:
(a)The non-existence of information on the full implementation of article 2 of the Convention, notably in the cases provided for in
paragraphs 2 and 3 relating to exceptional circumstances and an order from a superior officer or a public authority as grounds for
excluding criminal responsibility;
(b)The considerable extension of the time limit for police custody, the period during which the risk of torture is greatest, both in
criminal law and in anti-terrorist legislation, which has been effected subsequent to the consideration of the second periodic report;
(c)The non-existence, during the period of police custody, of guarantees of rapid and appropriate access by persons in custody to a
lawyer and a doctor, and to a relative;
(d)The increase, according to some information, in the number of arrests for political reasons during the period under consideration,
the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of
allegations of torture and cruel, inhuman or degrading treatment or punishment, allegations implicating the National Surveillance
Directorate (DST);
(e)The lack of information about measures taken by the judicial, administrative and other authorities to act on complaints and
undertake inquiries, indictments, proceedings and trials in respect of perpetrators of acts of torture, notably in the case of acts of
torture verified by the Independent Arbitration Commission for compensation for material damage and moral injury suffered by the
victims of disappearance or arbitrary detention and their next of kin;
(f)The application to acts of torture of the prescription period provided for by ordinary law, which would appear to deprive victims of
their imprescriptible right to initiate proceedings;
(g)The non-existence of a provision of criminal law prohibiting any statement obtained under torture from being invoked as evidence
in any proceedings;
(h)The number of fatalities in prisons;
(i)Prison overcrowding, and the allegations of beatings and violence between prisoners.
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