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Conclusions and recommendations of the Committee against Torture, Morocco, U.N. Doc. A/51/44, paras. 105-115 (1995).



Convention Abbreviation: CAT


Conclusions and recommendations of the Committee against Torture


105. The Committee considered the initial report of Morocco (CAT/C/24/Add.2) at its 203rd and 204th meetings, held on 16 November 1994 (CAT/C/SR.203 and 204 and Add.2), and adopted the following conclusions and recommendations.

A. Introduction
106. The Committee thanks the State party for its report, which was submitted on time and in conformity with the Committee's guidelines. It also thanks the State party for its sincere cooperation in the constructive dialogue conducted with the Committee. It takes note of the information submitted in both the written and oral reports.

B. Positive aspects
107. The Committee expresses its appreciation of the efforts made by the State party in connection with the revision of the Constitution and the laws and regulations with a view to ensuring that the country's legal system conforms to the provisions of the Convention. These efforts appear to express a real determination to establish the necessary conditions for the promotion and protection of human rights and to prevent the practice of torture and other cruel, inhuman or degrading treatment.

108. It welcomes the establishment of a ministry responsible for human rights.

C. Subjects of concern
109. The Committee is nevertheless concerned about the allegations received from various non-governmental organizations concerning torture and ill treatment, said to be practised in various places of detention, in particular in police stations. The Committee is also concerned about certain shortcomings relating to the effectiveness of the preventive measures taken to combat torture, in particular the half-heartedness displayed in pursuing inquiries and bringing the authors of acts of torture before the courts, whose independence must be preserved. This situation creates the impression that such offences can be committed with relative impunity, an impunity prejudicial to the application of the provisions of the Convention. The fact that the Convention has not yet been published in the Official Journal is also a cause of concern.

D. Recommendations
110. The Committee recommends that the State party provide for all forms of torture in its penal legislation so that all the elements of the definition of that offence contained in article 1 of the Convention are fully covered.

111. The Committee also recommends that, for the greater protection of persons arrested, the State party establish procedures for the systematic and effective monitoring of interrogation methods and practices, especially on all police premises, to give effect to the commitments undertaken in accordance with article 11 of the Convention.

112. The Committee further recommends that the State party continue its efforts with a view to further reforming the penal legislation, particularly as regards prison administration and the duration of police detention in cases involving breaches of internal or external State security. The State party should instigate and press forward with serious inquiries into the actions of police officials for the purpose of establishing whether or not acts of torture have been committed and, if the results of these investigations are positive, bring the authors before the courts. At the same time, it should draw up and pass on to the police clear and precise instructions prohibiting all acts of torture or ill treatment.

113. The State party should intensify the education, information and training programmes called for by article 10 of the Convention, for all the officials concerned.

114. The Committee recommends that the State party take all the necessary measures to ensure the effective application of article 14 of the Convention, so that victims of torture may be fully compensated and rehabilitated. Finally, the Committee recommends that the State party have the Convention published forthwith in the Official Journal.

115. The Committee, which appreciates Morocco's ratification of most of the human rights covenants and conventions, hopes that the Moroccan Government will withdraw the reservations entered with regard to article 20 and make the declarations provided for in articles 21 and 22 of the Convention. The Committee also hopes to obtain written replies to all the questions raised, in particular those concerning the persons reported by various non-governmental organizations as having disappeared or as having been detained.

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