The security review concluded that deportation proceedings could commence. The
decision was based in large part on written assurances from Morocco that it would not
torture or ill-treat Charkaoui upon return. The government acknowledged that some
torture takes place in Morocco, but concluded it was not systematic. Discounting reports
that the Moroccan authorities targeted persons labeled as terrorists or security threats for
mistreatment, the government decided that Charkaoui was under no individual threat.
Moreover, the government claimed that the assurances proffered by the Moroccan
government were evidence that he would face no risk if sent back.
Morocco’s Assurances
The assurances themselves were of the most basic sort. In a letter to the Moroccan
authorities dated February 18, 2004, the Canadian Ministry of Foreign Affairs explicitly
identified Charkaoui as a “threat to the security of Canada,” and then posed three
questions: 1) Will the government of Morocco ensure that Mr. Charkaoui is not tortured
or subject to cruel, inhuman and degrading treatment, in conformity with Morocco’s
obligations under the Convention against Torture?; 2) Will the government of Morocco
confirm in writing that it will conform with its obligations under the International
Covenant on Civil and Political Rights (ICCPR)?; and 3) Will the government of
Morocco confirm in writing that Mr. Charkaoui will not be subject to the death
penalty?146
The assurances from Morocco, dated April 18, 2004, stated that Charkaoui would
receive fair treatment upon return, including protection against torture and ill-treatment,
in accordance with the Moroccan constitution and international human rights treaties,
including the ICCPR and the Convention against Torture. Thus, the Moroccan
authorities simply restated that they would abide by their currently existing treaty
obligations, which the Moroccan authorities, security officers, and police routinely
violate in their dealings with suspected Islamic militants and those suspected of engaging
in terrorist activities.
Morocco’s Record of Abuse
Adil Charkaoui’s protection assessment documents the record of abusive practices
perpetrated by the Moroccan police and security service in the aftermath of the May 16,
2003 Casablanca bombings, including mass arrests, secret detentions, incommunicado
detention, disappearances, lack of procedural guarantees, unfair trials, and torture and ill-
146
Copies of letters on file with Human Rights Watch (originals in French).
HUMAN RIGHTS WATCH VOL. 17 NO. 4(D)
50
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