10 April 2012

Morocco: Abdelfattah Dihaj sentenced on the basis of confessions extracted under torture

Today, Alkarama submitted the case of a Moroccan citizen, Abdelfattah Dihaj, to the Special Procedures of the United Nations. Mr. Abdelfattah Dihaj was tortured and sentenced following an unfair trial in relation to the attack of 28 April 2011 on Argana Café in Marrakech.

Abdelfattah Dihaj, 40-years-old, was arrested for the attack on the Argana Café. He was accused of not having speaking out against those involved in the attack on 28 April 2011. On 9 March 2012, he was found guilty on appeal and was sentenced to two years in prison on the basis of confessions he was forced to sign under torture.

On 6 June 2011, Mr. Dihaj was arrested at his house by agents of the judicial police. During his 12 hours in custody, Mr. Dihaj was tortured, beaten, humiliated and forced to declare himself guilty despite the fact that he was not implicated in the events. Despite the fact that he notified judges of his torture, the judge found him guilty on the sole basis of the confessions obtained by torture, in a violation of the Convention against Torture and the International Covenant of Civil and Political Rights.

Mr. Dihaj is afflicted with a physical handicap in his feet and is not able to get around without crutches. He was detained in Salé Prison in inhumane conditions and began a hunger strike, which he recently suspended following promises by prison officials to improve the conditions of his detention.

On 10 April 2012, Alkarama submitted the case of Mr. Dihaj to the Special Rapporteur on torture and the Working Group on Arbitrary Detention of the United Nations. We ask that they intervene with the Moroccan authorities to remind them of their international obligations, especially the obligation to make reparations for the violations of which Mr. Dihaj is a victim.

Sadly, the case of Mr. Dihaj is one of countless cases of the use of confessions extracted under torture in Morocco, where the practice of torture and unfair trials has resurfaced in the context of political and legal repression of Islamists following the bomb attacks in Casablanca in 2003. 

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