The entry into force of the Optional Protocol presupposes the establishment, within a year, of a National Preventive Mechanism (NPM) against torture, responsible for visiting the country's detention facilities without any restriction and without prior warning.

Recalling its experience in visiting places of detention, the National Council for Human Rights (CNDH) claims today to be the most competent institution to hold this role. However, many human rights defenders and organisations have called for the establishment of a mechanism fully independent from the executive, and led by individuals recognised for their commitment, as well as associations for the defence of detainees' rights.

For instance, the president of the Moroccan Organisation for Human Rights (AMDH) has recently expressed his refusal regarding the establishment of the CNDH as a national mechanism, stating that "this institution is not totally independent from the influence of the State".

The Moroccan Association for Human Rights (AMDH), which boycotted the Marrakech Forum to protest against the authorities' "maneuvers deployed against associations and human rights activists", also disapproved the CNDH's candidacy, considering that the Moroccan NHRI remained a conservative institution acting "with great diplomacy" towards the authorities.

And the President of the Moroccan League for the Defense of Human Rights (LMDDH) followed the same line, recalling that "the CNDH had failed to unveil the results of investigations into cases of torture that resulted in death, and that it did not have sufficient courage to bring the perpetrators to justice."

Alkarama recalls that the National Human Rights Council (CNDH) is an institution established by a royal Dahir (decree) - a sovereign and unilateral decision of the executive power represented by the person of the King and considered a higher standard than Parliamentary laws - and is, as such, required to consult the King before considering any matter within its jurisdiction or investigating serious human rights violations. This aspect of its functioning runs directly counter to the Paris Principles relating to the status and the functioning of National Human Rights Institutions (NHRIs).

A National Preventive Mechanism (NPM) has a key role to play to fight effectively against torture and ill-treatment in places of detention and should, as such, enjoy an unlimited margin of maneuver and total independence from the executive. In order to claim this role and to be able to hold it in an efficient manner, the Moroccan CNDH should therefore fully comply with the Paris Principles.

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