21 November 2010

Morocco: Italian "extraordinary rendition" victim tortured during mass prison transfer

Abou Elkassim Britel, an Italian national of Moroccan origins and a victim of "extraordinary rendition" in 2002, was recently tortured during a mass prison transfer to Kenitra prison, 200km west of Fes, in early October 2010.

In March 2002 he was arrested in Pakistan, handed over to the American authorities, who then transferred him to the Moroccan authorities. After one year of secret detention he was released without charge. On his way back to Italy from Morocco, he was once again arrested - this time sentenced to 15 years on the basis of confessions extracted under torture. He was most recently transferred Kenitra prison on 9 October 2010, where he has been seriously mistreated.

Alkarama sent his case to the Special Rapporteur on torture, to inform him of the mass prison transfer and an increase in the human rights violations against detainees in Moroccan prisons.

On 25 June 2009, Alkarama submitted Abou Elkassim Britel's case to the Special Rapporteurs "on Torture" and "on the promotion and protection of human rights and basic freedoms in the fight against terrorism".

Abou Elkassim Britel, is a 43 year-old electrician, who was a victim of torture while in Pakistani custody in 2002. At the time, he was arrested and accused of violating the immigration laws. After being handed over to American authorities, he was then illegally transferred to Morocco 24 May 2002 where he was secretly detained in Temara detention center for more than one year before being freed without charge on 11 February 2003.

On 16 May 2003 on his way out of Morocco, Abou Elkassim Britel was arrested again and taken to Temara detention center as a suspect of "terrorist attacks" in Casablanca, where he was detained and seriously tortured.

On 3 October 2003, Britel was sentenced by the Criminal Chamber of the Court of Appeals in Rabat to 15 years of imprisonment on the sole basis of confessions extracted under torture. The sentence was reduced to nine years following an appeal on 7 January 2004. A pardon was then requested by his lawyer on 22 February 2005, however nothing has come of it.

While serving his sentence in Oukacha prison, he was suddenly transferred to Kenitra prison on 9 October 2010.

That day prison guards entered his cell at dusk, blindfolded and cuffed him, dragged him out of his cell, leaving behind his clothes and personal belongings.

He was then thrown into a prisoner van and was brutally beaten.

That day, over 100 detainees, from six different prisons (Tangiers, Fes, Meknes, Souk Larbaa, Beni Slimane and Oukacha) were transferred to Kenitra prison.

Many were beaten and exposed to inhumane treatment. Prison guards allegedly insulted the prisoners and threatened them with death. Several prisoners were stripped naked and beaten. Those who protested were hanged by their wrists and beaten during several hours.

After arriving at Kenitra prison, Mr Britel was dragged to his prison cell where he was undressed by three prison guards and left naked for most of the day. He was then sent to solitary confinement and left without food and water for the rest of the day.

On 11 October 2010 a member of Britel's family was allow to visit him. Abou Elkassim Britel was in a state of shock, having difficulties speaking - his body covered in wounds and contusions. After Mr Britel's wife's intervention, on 9 October 2010 representatives from the Italian consulate were able to visit Mr Britel under the supervision of the prison director.

To this day, he has been unable to contact his wife and recover his personal belongings from Oukacha prison. All the while, his health has considerably deteriorated.

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