A/HRC/22/53/Add.2 welcomes the acknowledgment of cases of torture during the “years of lead”, but regrets that senior authorities deny that torture still occurs. 72. In cases involving State security, such as terrorism, membership in Islamist movements, or supporters of independence for Western Sahara, there is a pattern of torture and ill-treatment by police officers during the arrest process and while in detention, in particular, by agents of the National Surveillance Directorate (DST). Many individuals have been coerced to confess and sentenced to prison on the basis of such a confession. The violations often continue while these individuals are serving their sentences. 73. When the police or other authorities respond to incidents that involve protests or assembly, there is a corresponding increase in the use of excessive force. Whether or not the demonstrations are permitted, authorities must comply with international standards based on necessity and proportionality in the use of force and respect for the right to life and physical integrity. 74. The Special Rapporteur also expresses concern about the increase in reported violence by security forces against migrants and asylum seekers, particularly in the north of the country. National protection mechanisms and investigations are insufficient and there is a lack of legal and medical assistance for those subjected to torture or ill-treatment. 75. The Special Rapporteur expresses concern that, despite the legal provision that provides for a lawyer in the first 24 hours upon arrest in ordinary criminal cases, this time period seems not to be fully implemented in practice. He expresses particular concern with regard to the Anti-Terrorism Act (No. 03-03), which provides for police custody for up to three consecutive periods of 96 hours with no right to a lawyer, except for a half-hour, monitored visit at the mid-point of that period. 76. The Special Rapporteur notes that the Moroccan judicial system relies heavily on confessions as the main evidence to support conviction. Article 293 of the Code of Criminal Procedure prohibits the admission of any confession or statement made under duress, in accordance with international law. However, complaints indicate the use of torture by State officials to obtain evidence or confessions during the initial stage of interrogation, in particular in counter-terrorism or internal security cases. 77. The Special Rapporteur was provided with examples of and statistics on persons who have been acquitted despite having confessed to crimes, but he did not see concrete examples in which courts applied the exclusionary rule mandated by international law with regard to torture. 78. The present Moroccan forensic system, whereby detainees are subjected to forensic examinations performed by doctors with no specific forensic training (clinical doctors acting as court “experts”), is not in accordance with international standards. 79. The complaint system regarding allegations of torture and ill-treatment, and the investigation, prosecution and punishment of perpetrators, with the exception of a very few cases, seems to be provided for in law but not implemented. The Special Rapporteur concludes that the complaint mechanisms currently available are neither effective nor independent. Allegations of torture and ill-treatment should be admitted at any stage of the trial and courts are obliged to launch ex officio investigations whenever there are reasonable grounds to suspect torture or ill-treatment. 80. On the other hand, the Special Rapporteur wishes to acknowledge that CNDH has established an increasingly effective monitoring mechanism for many violations of human rights, including torture and ill-treatment. These mechanisms apply in most areas, including Western Sahara, and were established after the creation of regional 16

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