Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and the law prohibit such practices, and the government denied it used torture. The law defines torture and stipulates that all government officials or members of security forces who “make use of violence against others without legitimate motive, or incite others to do the same, during the course of their duties shall be punished in accordance with the seriousness of the violence.” A 2006 amendment to the law provides a legal definition of torture in addition to setting punishments for instances of torture according to their severity. The government also enacted measures designed to eliminate torture. For example, in November 2014 the government deposited its ratification of the Optional Protocol to the Convention against Torture with the United Nations–with the CNDH filling the role of investigative organ for the prevention of torture. Reports of torture have declined over the last several years, although government institutions and NGOs such as Amnesty International (AI) and Human Rights Watch (HRW) continued to receive reports about the mistreatment of individuals in official custody. The UN Human Rights Committee monitoring implementation of the International Covenant on Civil and Political Rights final observations on the country’s sixth periodic report issued December 1 noted that the government has taken steps to combat torture and mistreatment and that there was a “marked reduction” in such practices since its 2004 report. The committee remained concerned by continued allegations of torture and mistreatment by government agents, in particular on persons suspected of terrorism or threats to national security or territorial integrity.
Reporting in previous years alleged more frequent use of torture. A May 2015 report by AI claimed that between 2010 and 2014, security forces routinely inflicted beatings, asphyxiation, stress positions, simulated drowning, and psychological and sexual violence to “extract confessions to crimes, silence activists, and crush dissent.” Since the AI interviews, the government has undertaken reform efforts, including widespread human rights training for security and justice sector officials. In June 2015 Minister of Justice Mustapha Ramid publicly announced that torture would not be tolerated, and that any public official implicated in torture would face imprisonment.
In the event of an accusation of torture, the law requires judges to refer a detainee to a forensic medical expert when the detainee or lawyer requests it or if judges notice suspicious physical marks on a detainee. The UN Working Group on Arbitrary Detention, human rights NGOs, and media documented cases of authorities’ failure to implement provisions of the antitorture law, including failure to conduct medical examinations when detainees allege torture. Following the recommendations of the Special Rapporteur for Torture’s 2013 report, the Ministries of Justice, Prison Administration, and National Police each issued notices to their officials to respect the prohibition against maltreatment and torture, reminding them of the obligation to conduct medical examinations in all cases where there are allegations or suspicions of torture. Since January 2015 the Ministry of Justice has organized a series of human rights trainings for judges, including on the prevention of torture. In June the Ministry of Justice issued a notice to courts instructing them to implement the recommendation from the Special Rapporteur to visit local jail and detention facilities at least twice per month.
During the year the CNDH reported that it received 34 complaints alleging torture in internationally recognized Morocco, a 56 percent decrease from the previous year. After investigating all 34 allegations, the CNDH substantiated four allegations, one instance each in Khouribga, Tetouan, Toulal 2, and Sale 1 prisons. The CNDH referred one case (Sale 1) to the public prosecutor’s office, while two other cases were opened by detainees’ lawyers (Khouribga and Tetouan). In the case of Toulal 2, the CNDH was unable to obtain sufficient evidence to refer the case to the prosecutor and, instead, submitted recommendations to the Prison Administration (DGAPR). Regarding the four cases referred by the CNDH to the public prosecutor in 2015, the cases remained in the judicial system at year’s end. The DGAPR indicated that it referred one prison official to the judicial system for causing injury to a detainee during the year.
In 2015 the government investigated 42 public officials for torture or abuse. Of those officials 19 remained under investigation, three cases before the courts, and 20 completed the judicial process at year’s end. For example, on June 7, courts sentenced five gendarmes to sentences between five and 10 years for murder and falsifying evidence in relation to the death of an individual in custody in September 2015. According to a Ministry of Interior statement regarding the death, which was shared with media, they abused the individual during his arrest, and he died during transfer to a hospital. Three prison officials who were referred to the courts in September 2015 for abuse of detainees received sentences of four months’ detention and fines of 500 dirhams ($50.20) in March. They have appealed the decision. The government prosecuted 14 police officers in relation to the death of a detainee in custody in August 2015. On November 30, eight of the officials were convicted of torture and “use of violence against a detainee in a fragile psychological state resulting in unintentional death,” while a ninth official was convicted of failure to report a felony. Five other officers were acquitted. The nine received sentences ranging from one to 10 years in addition to fines of 150,000 dirhams ($15,625) each.
During the year, according to United Nations data, there were six allegations of sexual exploitation and abuse made against Moroccan peacekeepers deployed to UN peacekeeping operations in the Central African Republic and the Democratic Republic of the Congo. Three of the alleged incidents occurred during the year, one in 2015, and two in 2014. According to the United Nations, five of these allegations were being investigated jointly by the United Nations and the government, and one was pending investigation. Investigations were completed on four allegations reported in previous years. One claim of sexual abuse was substantiated, and three abuse and exploitation claims were determined to be unsubstantiated allegations after joint UN-government investigations.
Prison and Detention Center Conditions
Prison conditions improved during the year, but in some cases did not meet international standards.
Physical Conditions: The Moroccan Observatory of Prisons continued to report that some prisons were overcrowded and failed to meet local and international standards. The DGAPR indicated that overcrowding had decreased with the opening of 26 new prisons in the past three years, including three during the year. DGAPR statistics indicate that the average space allocated per detainee increased from 18.8 square feet in 2015 to 20.3 square feet during the year, due to the opening of the new prisons. These 26 new prisons represent approximately 35 percent of the country’s prisons, and were built to international standards. In the new prisons, pretrial detainees and convicted prisoners were held separately. As construction on each new prison was completed, older prisons were closed, and inmates were moved to the new locations. Older prisons remained overcrowded, resulting in authorities frequently holding pretrial detainees and convicted prisoners together. According to government sources and NGOs, prison overcrowding was due in large part to an underutilized system of bail or provisional release, a severe backlog in cases, and lack of judicial discretion to reduce the length of prison sentences for specific crimes. Government sources stated that a further complication was that administrative requirements prevented prison authorities from transferring individuals in pretrial detention to facilities outside the jurisdiction where their trials were to take place. As of September authorities released 45,071 individuals on bail. In 2015 authorities released 65,065 individuals on bail.
The law provides for the separation of minors. In all prisons, officials identify youthful offenders into two categories, and they are held separately from other categories: minors under 18, and youthful offenders from 18 to 20 years old. Authorities held a number of minors with adults, particularly in pretrial detention in ordinary prisons and police stations, due to shortage of juvenile prison facilities. DGAPR has four dedicated juvenile “centers for reform and education,” but maintains separate, dedicated youth detention areas in all prisons for minors. As of September 30, minors under 18 years old represented 2.7 percent of the overall prison population (2,131 minors of a prison population of 78,875). The government reported that in cases where a juvenile court judge ruled that their detention was necessary, minors less than 14 years old were detained separately from minors 15 to 18 years old. HRW stated that in one case involving two minors arrested October 27 on suspicion of same-sex sexual conduct, authorities held the minors with adult prisoners, and the minors allegedly were subjected to threats and harassment.
While there was less overcrowding in the women’s sections of facilities, according to a CNDH study early this year, conditions in women’s sections often did not meet the 2010 United Nations Rules for the Treatment of Women Prisoners and Noncustodial Measures for Women Offenders. The study noted that health facilities were generally located in the men’s sections, restricting access for female prisoners, and that vocational training opportunities were limited for women. The study also noted that female prisoners faced discrimination from staff, including medical staff, on the basis of their gender. As of September 30, there were 1,815 female prisoners, in a total population of 78,875 (2.3 percent of prison population), according to DGAPR data.
Local NGOs asserted that prison facilities did not provide adequate access to health care and did not accommodate the needs of prisoners with disabilities, although government sources stated that each prisoner received an average of six consultations with a medical professional per year and that all care was provided free of charge. According to DGAPR 2015 statistics, there was one doctor for every 675 inmates and one nurse for every 135 inmates. The government reported that 129 inmates died during the year, 19 in the prisons and 110 in a hospital. Of these deaths, 124 were from natural causes or medical conditions, four were from suicide, and one from accidental electrocution. Local human rights NGOs could not confirm these numbers.
On April 15, activist Brahim Saika died days after reporting to the prosecutor’s office, and his family claimed that officers at the Guelmim police station had mistreated him following his April 1 arrest and that he had begun a hunger strike in protest. Saika reportedly was arrested as he sought to join a protest and was charged with insulting and assaulting police officers and insulting a public institution.
The prosecutor ordered an investigation by the judicial police to determine the conditions and circumstances of Saika’s death, in addition to an autopsy, which established the cause of death as natural and due to a microbial infection, noting that the hunger strike may have contributed to the death. The medical exam revealed no traces of torture or mistreatment on Saika’s body. The judicial police of the Royal Gendarmerie and the National Police conducted separate investigations before determining that there was no torture committed, and the death was a medical event unrelated to torture or abuse. CNDH was also notified of the complaint and conducted an investigation, and found the claims to be unsubstantiated. Following a request of the family lawyers, however, another autopsy took place on April 22, concluding that the death was “secondary to a septic infection in the context of hunger strike.” There was no independent autopsy completed despite the family’s request.
According to information provided by the CNDH, in response to domestic and international interest in the case, the prosecutor ordered an investigation by the judicial police to determine the conditions and circumstances of death, in addition to an autopsy, which established the cause of death as natural and due to a microbial infection.
DGAPR provides food to inmates at no cost, and since 2015 a private company provided higher quality options than were previously available. Prison commissaries stock fresh fruit and vegetables for purchase, and families were permitted to bring food baskets once per week. NGOs frequently cited cases where prisoners protested the conditions of their detention with hunger strikes, According to AI prisoners launched hunger strikes to protest harsh conditions, including poor hygiene and sanitation, inadequate nutrition and healthcare, severe overcrowding, and detention far from their families, as well as limited visiting rights and access to education.
Some human rights activists have asserted the prison administration reserved harsher treatment for Islamists who challenged the king’s religious authority and those accused of “questioning the territorial integrity of the country.” The UN special rapporteur’s 2013 report on torture, however, stated, “The majority of the victims examined in the prisons visited denied ever being subjected to any kind of torture or degrading treatment inside prison establishments. Also, the allegations received usually pointed to a small number of staff committing these violations–the majority of the penitentiary staff is not involved in such violations.” There have been no visits or reports from the rapporteur since 2013. DGAPR denied that any prisoners received differential treatment, and asserts that all prisoners were treated equally in accordance with the Prison Act.
Administration: Prison administration recordkeeping was adequate. Authorities did not implement alternatives to imprisonment for nonviolent offenders.
While authorities generally permitted relatives and friends to visit prisoners, there were reports that the authorities denied visiting privileges in some instances.
The CNDH and DGAPR investigated allegations of inhuman conditions. The CNDH and the DGAPR effectively served the function of an ombudsman, and a system of “letterboxes” continued to operate in prisons to facilitate prisoners’ right to submit complaints regarding their imprisonment. Detainees could submit complaints without censorship. Complaints were brought to the DGAPR Delegate General’s Office for processing, as well as to the CNDH.
Independent Monitoring: The government permitted some NGOs with a human rights mandate to conduct unaccompanied monitoring visits. Government policy permitted NGOs that provided social, educational, or religious services to prisoners to enter prison facilities, and prison authorities reported that NGOs conducted 673 prison visits during the first nine months of the year, in addition to 127 regular prison monitoring visits conducted by the CNDH. According to DGAPR statistics, parliamentarians, media, and religious, judicial, and other government authorities conducted more than 3,000 prison visits during the year.
Improvements: To alleviate overcrowding government authorities reported opening three new detention facilities during the year. The government reported increasing the number of vocational and educational training programs it administers in prisons. The Mohammed VI Foundation for the Reinsertion of Prisoners provided educational and professional training to inmates on the verge of release, providing job-skills training, literacy, and education through university level.