hi6 delegation
would ask the
had reported
the existence
of such a centre,
Any detained person was released once he had
Government about the matter.
SeWed his sentence.
The serving of sentences was monitored by means of a
central file at the prison administration
headquarters in Rabat and a register
The "barbarous acts" referred
to in article
399 of the
kept at each prison.
Criminal Code was a term borrowed from French law that had become Ob6010te.
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment would probably be ratified
in due course since it was in no way
contrary to the country'6
Constitution
or traditions.
Loss of civil
rights
was very rarely applied a6 a punishment in Morocco.
256. With regard to judicial
inquiries,
the representative
explained that the
Code of Criminal Procedure provided for two phases: the preliminary
inquiry,
conducted by officers
of the judicial
police,
during which the 6USpeCt was
held in police custody and not permitted to contact a lawyer, and the
pre-trial
proceedings, conducted by an examining magistrate,
at which time
lawyer6 could be present during questioning.
When the accused was questioned
on his first
appearance, he must be asked whether he was ready to answer
questions put to him or not; otherwise the proceeding6 would be null and
void.
When the accused person was questioned for the second time the presence
of a lawyer was compulsory, and if he did not choose one himself the examining
magistrate appointed one on his behalf.
A criminal court was required to base
it6 finding6 on the proceeding6 at the hearing.
Police reports were only a
guide, and the court6 had to weigh all the evidence in relation
to the charges
against the accused. Record6 or reports drawn up by officers
of the judicial
police and member6 of the gendarmerie on minor offence6 were accepted a6
authentic in the absence of proof to the contrary.
Incommunicado detention
did not exist in Morocco, but the family of a detained person was not informed
since the family might try to get rid of evidence if it knew of his
detention.
The normal duration of police CUStOdy under the Code of Criminal
Procedure was 48 hours, the maximum being 72 hours.
The King's Prosecutor
ensured that those time-limits
were Observed, and police custody Could not be
extended to 72 hour6 without his written
agreement. At the police college in
Kenitra, which trained officer6
for the judicial
police,
the training
lasted
two to three years and covered public law, private
law and criminal law. The
subjects taught included the role of international
organisations,
humanitarian
law and human rights.
Another college, for police commissioners, provided
more thorough instruction
in criminal law, and specifically
in humanitarian
law and human rights.
251. with reference to remand in CUStOdy, the representative
explained that a
distinction
was made between two types of offence,
those incurring
penalties
of less than two years' imprisonment and the rest.
In the first
case, the
person could not be held for more than a month from the time of his first
appearance before a magistrate unless he was a previous offender.
In other
cases, the maximumduration of remand in custody was four months. That period
could
only be prolonged by an order of the examining magi6trate giving the
specific
reasons for the entension, which could not be for more than an
additional
four months. The prisoner could appeal against the decision
to
remand him or keep him in custody.
He could in all cases ask to be released
on bail and appeal against all adverse decisions.
-65-
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