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Committee, these secret detention centres are not monitored or inspected by any
independent body. The Committee is concerned at reports that a new secret prison has been
built in the vicinity of Ain Aouda, close to the capital city of Rabat, to hold persons
suspected of having ties to terrorist movements (arts. 2, 11, 12, 15 and 16).
The State party should ensure that the proper legal procedures are followed in the
case of all persons who are arrested and taken into custody and that the basic
safeguards provided for by law are applied, such as access for detained persons to
legal counsel and to an independent physician, notification of their family of the arrest
and of the location where they are being held and their appearance before a judge.
The State party should take steps to ensure that all register entries, transcripts and
statements, and all other official records concerning a person’s arrest and detention
are kept in the most rigorous manner possible and that all information regarding a
person’s arrest and remand custody is recorded and confirmed by both the
investigative police officers and the person concerned. The State party should ensure
that prompt, thorough, impartial and effective investigations are conducted into all
allegations of arbitrary arrest and detention and should bring those responsible to
justice.
The State party should ensure that no one is held in a secret detention facility under
its de facto effective control. As often emphasized by the Committee, detaining
persons under such conditions constitutes a violation of the Convention. The State
party should open a credible, impartial, effective investigation in order to determine if
such places of detention exist. All places of detention should be subject to regular
monitoring and supervision.
Prosecution of perpetrators of acts of torture and ill-treatment
16.
The Committee is particularly concerned that it has received no reports to date of
any person being convicted under article 231.1 of the Criminal Code of having committed
acts of torture. It notes with concern that police officers are, at the most, prosecuted for
assault or assault and battery, but not for torture, and that the information provided by the
State party indicates that the administrative and disciplinary penalties imposed on officers
for such acts do not seem to be commensurate with their seriousness. The Committee
observes with concern that allegations of torture, despite their number and frequency, rarely
give rise to investigations and prosecution and that a climate of impunity appears to have
taken hold, given the failure to impose genuine disciplinary measures or to bring any
significant number of criminal cases against State officials accused of committing acts
specified in the Convention, including the gross, large-scale human rights violations that
took place between 1956 and 1999 (arts. 2, 4 and 12).
The State party should ensure that any and all allegations of torture and of illtreatment are promptly, effectively and impartially investigated and that the persons
who have committed such acts are prosecuted and are given sentences that are
commensurate with the grave nature of their acts, as provided for in article 4 of the
Convention. The State party should also amend its laws in order to explicitly stipulate
that an order from a superior officer or a public authority may not be invoked as a
justification of torture. The State party should also take steps to ensure that
complainants and witnesses are effectively protected from any ill-treatment or act of
intimidation related to their complaint or testimony.
Coerced confessions
17.
The Committee is concerned by the fact that, under the State party’s current system
of investigation, confessions are commonly used as evidence for purposes of prosecution
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