CAT/C/52/D/477/2011
observations. He states that on 18 April 2012, the Prosecutor-General again dismissed the
complaint of torture that he had filed in May 2011 on the grounds that his claims had not
been substantiated. No action has been taken on his request for the initiation of criminal
indemnification proceedings either. The complainant again sent requests to the Minister of
Justice and the Rabat Prosecutor-General for, among other things, the reports concerning
his hearing of 7 January 2012 and the forensic medical examination of 8 January 2012 and
for the photographs of him that were taken upon his arrival at the Salé II Prison, because he
believed that they could provide information that could have a bearing on his appeal against
his conviction.
6.2
The reports on the expert medical examination and the hearing were communicated
to the complainant on 29 May 2012. However, these reports were prepared by the same
services whose members had tortured him and contain irregularities. For example, the
statement he made to the investigators is signed, whereas he did not sign anything during
the interview because he could not understand the transcripts drafted in Arabic. He
maintains that he did not say that he had fully recovered, yet the report says just the
opposite. It also says that the complainant’s body no longer bore any sign of ill-treatment,
yet his sister saw such signs on his wrists and behind his right ear and his wife saw marks
of cigarette burns. The complainant also received a photograph, but it is the one on his
arrest sheet, not the one taken by prison personnel upon his arrival at Salé II Prison. The
expert medical report is one-sided and contains errors. For example, it says that an ear, nose
and throat examination was performed, which is not the case.
6.3
At the request of the complainant’s counsel, Dr. B., who is a doctor and an
independent expert on torture, gave his opinion on the medical report and concluded that a
complete medical and psychological examination in accordance with the Manual on
Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (Istanbul Protocol) should have been carried out. Such
an examination includes tests performed by independent physicians who specialize in
evaluating people who are thought to have been subjected to torture. The report does not
provide details on the tests that were done and gives almost no detailed information on the
results of those tests. The doctors did not attempt to obtain the reports of the doctors who
examined the complainant while he was in police custody or in prison. The report does not
say whether the examination took place in the presence of police officers or prison
personnel or whether the complainant was handcuffed or otherwise physically restrained.
The substantive portion of the report consists of one and a half pages, and mention of his
claims that he was tortured is limited to just two short sentences. The report contains no
diagrams or photographs. All the report does is to note the existence of scars on his lower
extremities from an old road traffic accident. There is no indication that the complainant’s
allegations were evaluated. Since the examination took place over a year after his arrest and
it was therefore unlikely that there would be visible marks on his body, a complete, fullbody examination would have been called for. Furthermore, the report makes no mention of
any psychiatric or psychological assessment, which demonstrates that the examination did
not meet international standards for the evaluation of claims of torture.
6.4
The report on the expert medical examination and Dr. B’s report were submitted to
Dr. H.B., a Moroccan physician who specializes in the detection of torture. He describes the
forensic medical report as being “so brief that neither the Board nor the parties concerned
can be confident that Mr. Ali Aarrass actually underwent a complete, thorough
examination. The brevity of the report is evident at all levels … The conclusions are
equally terse and are not in line with the recommendations made in the Istanbul Protocol,
since the expert must not merely say whether or not physical sequelae associated with acts
of torture are present but must also provide his or her opinion as to the degree of
consistency between all the evidence obtained from physical and psychological
observations, diagnostic test results, the expert’s knowledge of methods of torture used in
10
GE.14-06421