01 October 2012

Morocco: Alkarama highlights need to follow through positive developments with legislative changes

Morocco_CAT2012 In November 2011, the UN Committee against Torture reviewed Morocco, and requested it provide information about several urgent issues that needed to be addressed within one year. Alkarama, having submitted information in view of the review, decided to provide further follow up information regarding its key priorities for the country: criminalization and imprescriptibility of torture and basic legal safeguards, the use of confessions extracted under torture and the excessive anti-terrorism measures, as well as secret detention.

The report highlights the strong political will of Morocco to combat torture, underlined by the visit of the UN Special Rapporteur on Torture to the country in September 2012. However, as the Special Rapporteur announced following his visit, torture is still present in the country, and efforts need to be stepped up. In particular, legislative changes remain necessary in order to bring the definition of torture into line with the Convention.

Moreover, the State party has promised to review criminal convictions that had been solely based on confessions obtained under torture or ill-treatment, to take the appropriate remedial measures and to inform the Committee of its findings. This promise has not, as yet, been fulfilled.

As for the Anti-Terrorism Act of 2003, which has been the cause of numerous violations, no changes have been made and the basic legal safeguards relative to the individuals under arrest remain inadequate. In turn, it seems unrealistic to combat torture if the government persists in denying the existence of detention facilities where people have admittedly been, and continue to be, held in secret for long periods of time. An independent body must start monitoring all of these facilities, as is required by the Optional Protocol to the Convention against Torture.

Finally, the State party should launch independent and impartial investigations into all cases involving allegations of torture, with the help of independent medical examiners and in accordance with the international standards established under the Istanbul Protocol. Fighting against the impunity for acts of torture indisputably remains the most effective way to put an end to this scourge.

Alkarama's visit to the country, planned for January 2013, will serve as the perfect opportunity to discuss these recommendations with state authorities, and we will continue to monitor developments in the country closely.

Morocco - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 03.05.1979
Optional Protocol: No

Last State report: Overdue since 07.07.2015
Last concluding observations: 01.12.2004

Convention against Torture (CAT)

CAT: Ratified on 21.06.1993
Optional Protocol: Accessed on 24.11.2014
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): Yes

Last State report: 30.06.2013
Last concluding observations: 21.12.2011

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

CED: Ratified on 14.05.2013
Art. 33 (Inquiry procedure): Yes

State report: Overdue since 14.06.2015
Last concluding observations: N/A

Universal Periodic Review (UPR)

Last review: 05.2012 (2nd cycle)
Next review: -

National Human Rights Institution (NHRI)

Conseil National des Droits de l'Homme (CNDH) – Status A

Last review: 10.2010
Next review: 11.2015