Concluding observations of the Committee against Torture : Morocco. 05/17/1999.
A/54/44,paras.190-196. (Concluding Observations/Comments)

Convention Abbreviation: CAT
COMMITTEE AGAINST TORTURE
Twenty-second session
26 April-14 May 1999


CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION


Conclusions and recommendations of the Committee against Torture


Morocco





190. The Committee considered the second periodic report of Morocco (CAT/C/43/Add.2) at its 380th, 383rd and 387th meetings, held on 6, 7 and 11 May 1999 (see CAT/C/SR.380, 383 and 387), and adopted the following conclusions and recommendations.



1. Introduction



191. The Committee warmly welcomes the second periodic report of Morocco.



192. The report, which is in conformity with the Committee’s guidelines for the presentation of periodic reports, and indeed the oral introduction by the head of the Moroccan delegation, did not evade any subject. This is a source of gratification to the Committee, which is grateful to the Moroccan delegation for the frank and constructive dialogue it has established.



2. Positive aspects



193. The Committee expresses its great satisfaction at certain measures taken by the State party to fulfil its treaty obligations. These measures have, inter alia, taken the following forms:



(a) The manifest political will to establish in Morocco the genuine rule of law; this will is clearly reflected in paragraphs 4, 6­10, 16 and 17 of the report;



(b) The payment of allowances to political detainees recently released by the Moroccan State, which has also borne the cost of medical care in cases where this has proved necessary;



(c) The favourable action taken on certain of the recommendations made by the Committee when it considered Morocco’s initial report, including:



(i) The publication in the Journal Officiel of the Convention, which thereby becomes applicable throughout the Kingdom and enforceable in respect of all authorities;



(ii) The implementation of a substantial human rights education and awareness programme for law enforcement officials and indeed for other categories, such as school pupils;



(iii) The reform of prison policy with the aim of achieving greater humanization.



3. Factors and difficulties impeding the application of the provisions of the Convention



194. The Committee considers that there are no factors or difficulties impeding implementation of the Convention in Morocco.



4. Subjects of concern



195. The Committee is, however, very concerned about the following questions:



(a) The persistent non­existence, in Moroccan criminal legislation, of a definition of torture fully consistent with that contained in article 1 of the Convention, and of the classification as crimes of all acts liable to be characterized as torture pursuant to article 4 of the Convention;



(b) The maintenance of the reservations expressed in respect of article 20 and the non­existence of the declarations provided for in articles 21 and 22 of the Convention; this considerably restricts the scope of the Convention in respect of Morocco;



(c) Despite the efforts made, the persistence of allegations of torture and ill­treatment;



(d) The non­conformity of Moroccan legislation with the provisions of the Convention relating to return, expulsion and extradition.



5. Recommendations



196. The Committee recommends to the State party that it should:



(a) Introduce into its criminal legislation a definition of torture fully consistent with that contained in article 1 of the Convention and classify as crimes all acts liable to be characterized as torture;



(b) Withdraw the reservations expressed in respect of article 20, and make the declarations provided for in articles 21 and 22 of the Convention;



(c) Bring the legislation on return, expulsion and extradition into line with the relevant preventions of the Convention;



(d) Initiate, urgently if such has not already been done, impartial inquiries into the serious allegations of human rights violations brought to the attention of the Moroccan delegation by the Committee on the occasion of its consideration of the second report, and ensure, in recognized cases, that appropriate penalties are imposed on those responsible and that equitable compensation is granted to the victims.


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