COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
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.
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.
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
108. It welcomes the establishment of a ministry responsible for human
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
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.