Morocco
105. The Committee considered the initial report of Morocco (CAT/C/24/Add.2) at
its 203rd and 204th meetings, held on 16 November 1994 (CAT/C/SR.203 and 204 and
Add.2), and adopted the following conclusions and recommendations.
A.
Introduction
106. The Committee thanks the State party for its report, which was submitted on
time and in conformity with the Committee’s guidelines. It also thanks the
State party for its sincere cooperation in the constructive dialogue conducted
with the Committee. It takes note of the information submitted in both the
written and oral reports.
B.
Positive aspects
107. The Committee expresses its appreciation of the efforts made by the State
party in connection with the revision of the Constitution and the laws and
regulations with a view to ensuring that the country’s legal system conforms to
the provisions of the Convention. These efforts appear to express a real
determination to establish the necessary conditions for the promotion and
protection of human rights and to prevent the practice of torture and other
cruel, inhuman or degrading treatment.
108. It welcomes the establishment of a ministry responsible for human rights.
C.
Subjects of concern
109. The Committee is nevertheless concerned about the allegations received from
various non-governmental organizations concerning torture and ill treatment,
said to be practised in various places of detention, in particular in police
stations. The Committee is also concerned about certain shortcomings relating
to the effectiveness of the preventive measures taken to combat torture, in
particular the half-heartedness displayed in pursuing inquiries and bringing the
authors of acts of torture before the courts, whose independence must be
preserved. This situation creates the impression that such offences can be
committed with relative impunity, an impunity prejudicial to the application of
the provisions of the Convention. The fact that the Convention has not yet been
published in the Official Journal is also a cause of concern.
D.
Recommendations
110. The Committee recommends that the State party provide for all forms of
torture in its penal legislation so that all the elements of the definition of
that offence contained in article 1 of the Convention are fully covered.
111. The Committee also recommends that, for the greater protection of persons
arrested, the State party establish procedures for the systematic and effective
monitoring of interrogation methods and practices, especially on all police
premises, to give effect to the commitments undertaken in accordance with
article 11 of the Convention.
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