In its report "Morocco: Human rights abuses in the Fight against terrorism", the FIDH reveals a number of violations of the International Covenant on Civil and Political Rights by the Moroccan authorities in the context of the fight against terrorism.
The FIDH is concerned at the antiterror law adopted on 28 May 2003 which contains a large definition of terrorism, which provide for severe penalties (including mutiplication of the offenses subject to death penalty) and which increases the power of the police and the length of police custody. The FIDH fears that this law endagers basic civil and political rights.
After the terrorist attacks of 16 May 2003 in Casablanca which caused the death of 42 persons, the Moroccan authorities proceeded to the arrest of persons suspected of being directly involved in the attacks, as well as to the arrest of hundreds of persons throughout Morocco, on the ground of their alleged membership to an islamist network called "Salafya Jihadia". The reports shows that arrests had also taken place before 16 May.
The report highligths the occurrence of massive illegal arrests and searches. Hundreds of persons were arbitrarly arrested and detained sometimes for several months, in violation of Moroccan Code of criminal procedures and article 9 of the International Covenant for Civil and Political Rights (ICCPR). The Moroccan authorities have not disclosed the exact numbers of people detained and brought to trial in connection with terrorism charges. Further, many arrested persons were detained in unlawful detention places in particular in one detention centre of the Direction for Security of the Territory (Direction de la Sécurité du Territoire - DST) in Temara.
The report also denounces acts of torture, cruel and inhuman treatment occuring during interrogations in particular in this centre, in violation of article 7 of the ICCPR, and other relevant human rights instruments.
The reports highlights the swift trials that have taken place in the framwork of the fight against terrorisme did not respect the right to a fair trial as guaranteed by Moroccan law and article 14 of the ICCPR, in particular relating to the right to a councel of choice, right to medical examination, to adequate time for the preparation of the defence and. The FIDH also expresses concern at the pronuciation of very severe sentences including of death sentences in these trials.
The report also notes the deterioriation of detention conditions after 16 May 2003 of alleged islamist detainees in particular in the prisons of Kenitra and Salé.
Recommendations:
The FIDH recommends to the Human Rights Committee to urge Morocco to:
Explicitly include in its criminal legislation the prohibition and the repression of torture. This can be accomplished by amending section 231 of the Criminal Code to include torture as defined in international instruments (art 1 of the Convention against torture);
Re-evaluate rules pertaining to the duration of police custody, specifically those mentionned in the anti-terrorist law, in order to breing them in conformity with relevant international instruments;
Establish efficient and systematic methods of interrogations and detentions, in light of the protection arrested and/or detained persons in accordance with the provisons of the ICCPR and other international instruments and establish effective sanctions aimed at those who contravene the Convention;
Ensure that detention centers are legally identified and are equipped so as to maintain the dignity and human treatment of the detainees;
Continuously carry out improvements and upgrades to raise the standard of living in prisons and to ensure prisoners’ rights to health, safety, physical and moral security, education and rehabilitation;
Establish criminal, administrative and judicial sanctions for violations against the legality of proceedings (arrests, family notification, access to legal representation, treatment of detainees, consistency of statements, etc.);
Immediately begin independent and impartial enquiries into the actions surrounding all deaths that occurred while the detainees were in police custody, as well as into all allegations of torture;
Ensure that all individuals accused of committing acts of torture or violence be systematically brought before tribunals, so as to avoid impunity;
Ensure that all concerned legal authorities, especially the public prosecutor, implement Moroccan legislation, which states that all accused persons may undergo a medical examination when requested or when there is reason to believe that one necessary;
Adapt and generalize education, information and training programs for civil servants and for military personnel responsible for implementing the law, specifically members of the military and regular police forces as well as prison guards;
Strengthen cooperation between Human Rights organisations and the general public to ensure that obligations committed to by Morocco through various international Conventions related to the protection of Human Rights are duly upheld.
Impose an immediate moratorium on death penalty, followed by the swift and decisive repeal of the death penalty law.