09 December 2010

Morocco: Carpenter dies in police custody, autopsy claims "suicide"

On 9 feburary 2010, Abderrahim El-Ati was arrested and taken in custody by local police forces in Azemmour. He died less than two hours later.

On 8 december 2010, Alkarama informed the Special Rapporteur on the summary executions, requesting his intervention on on behalf of Mr El-Ati. The aim is to instigate an independent investigation into the the circumstances surrounding M. Al-Ati's death, as well as identifying those responsible.

Abderrahim El-Ati, 23, lived and worked as a carpenter in Azemmour, 70 km east of Casablanca.

On 9 february 2010, at 12.45pm, Mr El-Ati was taken aside and questioned by several police officers while shopping in the Azemmour marketplace. Many of the witnesses reported that during the encounter, the victim was brutally beaten by police agents before being taken to the police station.

After learning of his arrest, Bouazza El-Ati, Abderrahim's brother, went to the police station around 15.30pm where he was informed that his brother was found dead in his cell at 14.30pm. The death was made official only moments before at the Al-Jadida provincial hospital.

Questioning the local police officers' theory that the cause of Abderrahim's death was suicide, his family hired a lawyer who immediately filed a complaint with the Al-Jadida's investigative judge for assault and battery.

However, to this day the judge remains unaware of the case.

After request on behalf of the local prosecutor, an autopsy was conducted on 12 February 2010 at the forensic center in Casablanca. It concluded that the cause of death was suicide by hanging.

Abderrahim El-Ati was in perfect physical and mental health before his arrest. When he was taken into custody, he had been thoroughly searched and all of his personal belongings were confiscated. According to his family, during short-lived his detention, it would have been impossible for Mr El-Ati to get necessary materials for him to hang himself.

Furthermore, when his corpse was transferred to Casablanca, the family could catch only but a quick glimpse of the body. His body was almost entirely covered to prevent the examination of any suspicious marks or injuries. The family was not allowed to inspect his body before the autopsy.

The victim's family clearly contests the results of the autopsy and questions the independence and impartiality of the medical staff in the public sector.

In addition, the report filed by the police mentions that the victim was discovered "lying on his back," however no explanation was provided as to how he hanged himself. Finally, the rope he used for his "suicide" is neither mentioned in the police report nor the autopsy.

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