CAT/C/MAR/CO/4
Psychiatric hospitals
22.
The Committee takes note of the supplementary written information provided by the
State party regarding its plans for preventing the ill-treatment of patients in psychiatric
hospitals and the new framework law of 2011 on the health system. The Committee is still,
however, concerned about the lack of information on the system for monitoring and
inspecting psychiatric hospitals that offer inpatient facilities and on the results of such
monitoring arrangements and inspections (art. 16).
The State party should ensure that the national mechanism for monitoring and
overseeing places of detention, which is to be put in place soon, has the authority to
inspect other types of facilities where people are deprived of their liberty as well, such
as psychiatric hospitals. The State party should ensure that the results of such
monitoring processes are duly acted upon. The mechanism in question should provide
for regular and unannounced visits as a means of preventing torture and other cruel,
inhuman or degrading treatment or punishment. The State party should also ensure
that forensic doctors trained to detect signs of torture are present during those visits.
It should also ensure that patients detained in psychiatric hospitals against their will
are able to appeal against the corresponding internment order and have access to a
physician of their choice.
Violence against women
23.
In view of the scale of violence against women in Morocco, the Committee is deeply
concerned by the absence of a specific, comprehensive legal framework for the prevention
of violence against women, for the criminal prosecution of persons who commit such acts
and for the protection of victims and witnesses. The Committee is also concerned by the
fact that so few complaints have been filed by victims, that the prosecution service has not
initiated criminal proceedings in such cases, that the complaints which are filed are not
systematically investigated, even in rape cases, and that the burden of proof is excessive
and is borne entirely by the victim in a society where the risk of stigmatization of such
victims is high. The Committee is concerned by the absence of any specific law that makes
marital rape a criminal offence. In addition, the Committee is deeply concerned by the fact
that, under Moroccan law, the rapist of a minor can avoid criminal responsibility by
marrying the victim. The Committee regrets the lack of information about the number of
cases in which victims have married their rapists or have refused to do so (arts. 2, 12, 13
and 16).
The Committee urges the State party to enact a law as soon as possible on violence
against women and girls in order to ensure that any form of violence against women
constitutes a criminal offence. The Committee also urges the State party to ensure that
women and girls who are victims of violence have immediate access to means of
protection, including shelters, and to redress, and that perpetrators are prosecuted
and suitably punished. The Committee reiterates the recommendations made in that
regard by the Committee on the Elimination of Discrimination against Women.5 The
State party should amend its Criminal Code without delay to ensure that marital rape
is criminalized and that criminal proceedings against rapists are not terminated if
they marry their victims. The State party should also conduct studies on the causes
and extent of violence, including sexual and domestic violence, against women and
girls. The State party should present information in its next report to the Committee
on the laws and policies in place to combat violence against women and on the impact
of the measures taken.
5
10
CEDAW/C/MAR/CO/4, para. 21.
GE.11-47997