C Explanatory memorandum by Mr André
Vallini, rapporteur for opinion
1. I cannot but congratulate Mr Klich
on his report, which takes stock of the reforms carried out in Morocco between
June 2015 and October 2018 and the implementation of the political
commitments made by the Moroccan Parliament in June 2011. With the
enactment of almost all the institutional laws provided for in the 2011
Constitution, the country has made real progress in the field of
the rule of law and in the establishment of institutions entrusted
with the promotion of human rights. In addition, the partnership
for democracy with the Assembly is working in a satisfactory way.
2. Nevertheless, I would like to propose some amendments to the
draft resolution, in order to supplement the aspects relating to
respect for human rights and fundamental freedoms in Morocco. In
his opinions on the two previous reports of the Committee on Political
Affairs and Democracy of 2013 and 2015,
Note our
former committee colleague Mr Jordi Xuclà highlighted a number of
human rights concerns. Unfortunately, in the light of information
coming from the media and from reports of the United Nations and
several leading international and national non-governmental organisations
(NGOs), most of them remain valid today. In addition, I would like
us to further encourage the Moroccan authorities to abolish the
death penalty entirely, to which the Moroccan Parliament gave an
undertaking on becoming a partner for democracy with the Assembly
in 2011.
1 Amendment A (to
the draft resolution)
Explanatory note
3. This amendment seeks to highlight
the fact that, despite the implementation of a
de facto moratorium on executions
since 1993, Moroccan courts continue to impose death sentences,
as stated in Mr Klich’s last report.
Note According to
Amnesty
International’s report on death sentences and executions in 2017 (published in April 2018), this concerns at least 95
people and the World Coalition against the Death Penalty also indicates that
95 people currently remain under this sentence.
Note
4. According to Amnesty International, in 2015, nine death sentences
were imposed in Morocco and Western Sahara.
Note There
were six such sentences in 2016 and some individuals sentenced to
death had their sentence commuted or were pardoned.
Note In
2017, at least 15 individuals were sentenced to death and the authorities
granted four commutations.
Note Other death sentences
were handed down in 2018.
Note In
January 2019, the King pardoned one prisoner who had been given
a death sentence.
Note
5. In the new draft Criminal Code, there are still 11 crimes
for which the death penalty can be imposed.
Note In December 2016,
the United Nations Human Rights Committee expressed concern about
the proposed amendments to the Criminal Code to extend the scope
of the death penalty to three new categories of crimes (despite
a reduction in the number of capital offences); these concerns were
reiterated by Amnesty International in September 2017.
Note On 17 December
2018, during the vote in the United Nations General Assembly on
its latest resolution (the seventh) on a moratorium on the use of
the death penalty,
Note the Moroccan
delegation abstained.
2 Amendment B (to
the draft resolution)
Explanatory note
6. The purpose of this amendment
is to encourage the Moroccan authorities to sign and ratify the
Second Optional
Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty, adopted by the United Nations General Assembly in New
York on 15 December 1989. This legal instrument, to which 86 countries
are Parties, prohibits executions and requires a commitment from
each State Party to “take all necessary measures to abolish the
death penalty within its jurisdiction”. If Morocco were to accede
to this optional protocol, it would represent a step forward in
the process of abolishing the death penalty and would further demonstrate
its commitment in this matter.
Note
3 Amendment C (to
the draft resolution)
Explanatory note
7. The purpose of this amendment
is to encourage the Moroccan authorities to promptly finalise the establishment
of the National Mechanism for the Prevention of Torture (NMPT) within
the National Human Rights Council (“CNDH”), provided for by Law
No. 76-15 of February 2018 (see paragraph 51 of Mr Klich’s report),
in particular in view of allegations of torture and inhuman and
degrading treatment and the use of confessions obtained following
such treatment (see below), along with the implementation of other
provisions provided by that law.
4 Amendment D
(to the draft resolution)
Explanatory note
8. The purpose of this amendment
is to highlight the fact that concerns relating to respect for human
rights have been reported not only by civil society but also by
United Nations bodies and the media. In addition, the Moroccan authorities
should be called upon to respect not only freedom of expression,
freedom of the press and the right of association, but all human
rights and fundamental freedoms (as guaranteed in the international legal
instruments to which Morocco has acceded). This amendment also emphasises
the need to ensure that human rights defenders, civil society and
the media can operate in an environment that is conducive to their work,
given the cases and problems mentioned above (see Amendment E).
5 Amendment E (to
the draft resolution)
Explanatory note
9. This amendment seeks to draw
attention to the human rights situation in Morocco. In its
Resolution 2061 (2015), the Assembly expressed concern at the “insufficient
progress on the issues of concern mentioned” in
Resolution 1942 (2013), such as the use of torture, inhuman or degrading treatment,
poor conditions of detention, violations of the freedom of expression
and the freedoms of association and of peaceful assembly.
Note According to information from the
United Nations, international and national human rights NGOs and
the media, these issues remain valid.
10. With regard to torture and inhuman or degrading treatment
of persons deprived of their liberty, several cases have been reported
despite Morocco’s accession, in November 2014, to the Optional Protocol
to the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. Serious allegations
of abuse in this regard continue to be reported.
Note In
October 2017, the United Nations Subcommittee on Prevention of Torture
(SPT) carried out its first visit to the country to provide advice
and support for the establishment of a national mechanism for the
prevention of torture. In its December 2016 observations, the United
Nations Human Rights Committee remained concerned about the continuing allegations
of torture or ill-treatment by State officials in Morocco and Western
Sahara, in particular against persons suspected of terrorism or
of endangering national security or posing a threat to the territorial
integrity of the State.
Note Amnesty International’s
2017/2018 report once again makes reference to such allegations
and criticises the existence of a culture of impunity.
Note According
to this NGO, the courts have used statements made by people in detention
in the absence of a lawyer as evidence against them, without properly investigating
allegations that they were extracted under torture and other ill-treatment
by law-enforcement officials. This was reportedly the case during
the trial of the leaders of the Hirak (a socio-economic protest movement
founded in 2016 in the Rif region). In June 2018, 53 activists belonging
to this movement were given, at first instance, sentences of up
to 20 years’ imprisonment. The court took as evidence the “confessions”
of the accused, who tried to refute them by alleging that these
“confessions” were obtained under duress, and did not explain why
it had rejected medical reports suggesting that at least some of
the accused had suffered police violence during or after their arrests.
Note In addition, allegations of torture have
been dismissed in other trials, including the case of the deadly
clashes in 2010 in Gdim Izik (Western Sahara).
Note
11. Furthermore, Amnesty International claims that the authorities
have taken no action to remedy the impunity enjoyed by the perpetrators
of serious violations committed in Morocco and Western Sahara between 1956
and 1999 (systematic torture, enforced disappearances and extrajudicial
executions).
Note
12. As of late 2016, conditions of detention still did not appear
to be in compliance with United Nations standards and principles
relating to prisons, in particular on account of the excessive use
of pretrial detention, with half of all detainees being remand prisoners.
Note Although
the government had announced measures to address this problem (including
the use of alternative sentences),
Note the problem of overcrowding
in prisons was raised during the Universal Periodic Review in July
2017.
Note
13. With regard to freedom of expression, prison sentences for
several offences of non-violent expression (against Islam, the monarchy
or challenging territorial integrity) are still maintained in the
Criminal Code, despite the fact that the 2016 Press and Publishing
Code eliminated such sentences. Some journalists, bloggers and activists
have been prosecuted and detained for publicly criticising the authorities
or relaying information about human rights violations (including
in Western Sahara), acts of corruption or people’s demonstrations,
including those in the Rif.
Note Criminal
provisions on offences relating to national security and counterterrorism
legislation are vague and often serve as a pretext for charging
and convicting journalists or activists. For example, the journalist
Hamid El Mahdaoui, a well-known government critic, was sentenced
to two terms of imprisonment – once for “inciting citizens to participate
in a banned demonstration” and again for “failing to report a security
threat”.
Note Seven people, including activists,
journalists and the academic Maâti Monjib, were charged with “attacks
on national security” for promoting a mobile citizen journalism
application which protects the confidentiality of its users,
Note and the journalist
Ali Anouzla for “advocating, supporting and inciting terrorism”
for an article published on the internet.
Note In addition, on
4 December 2018, the journalist Nazha el Khalidi, a member of the
Sahrawi collective Équipe Media (founded in 2009 to document and disseminate
information on human rights violations in Western Sahara) was arrested
for a few hours by the police in Laâyoune (Western Sahara) while
filming police violence against participants in a demonstration;
she claims to have been assaulted by police during her arrest.
Note In January 2019, another member of
the Équipe Media, Mohamed Mayara, was reportedly physically assaulted
by police at Laâyoune airport on his way back from a visit to the
Sahrawi refugee camps.
Note
14. Concerns also remain about respect for the freedoms of association
and peaceful assembly. The authorities have obstructed the registration
of several new organisations, particularly if they were deemed critical
of government policies and practices.
Note In addition,
between January 2017 and July 2018, they prohibited 16 events organised
by local branches of the Moroccan Human Rights Association (AMDH)
from being held, either by denying access to participants or by
forcing the venue manager to cancel the event. Since 2015, the government
has
de facto banned Amnesty
International’s research visits. Although Human Rights Watch researchers
were able to conduct such visits to Western Sahara in 2018, they
were frequently followed by cars with plain-clothes officers on
board.
Note In May 2018, two
Swedish citizens and members of Emmaus Stockholm, which supports
the Sahrawi Association of Victims of Grave Human Rights Violations
committed by the Moroccan State (ASVDH) – Caroline Nord and Juan
Obregón – were arrested and questioned by customs police at Laâyoune
airport and deported to Stockholm.
Note
15. The International Federation for Human Rights (FIDH) has reported
several cases of harassment of human rights defenders, who are members
of NGOs working in this field. For example, in April 2018, Zine
el Abidine Erradi, a member of the AMDH Paris/Île-de-France Section,
a former Moroccan political prisoner and refugee in France, was
arrested at Agadir airport and placed in provisional detention.
In 2016, the Agadir Court of Appeal had sentenced him
in absentia to one year in prison
for “violent and unauthorised demonstration” and “civil disobedience”.
Note In addition, Ettalbi Hafdalla and
Babit El Kori, respectively legal adviser and President of the El
Ghad (Tomorrow) Association for Human Rights, and the latter’s wife,
were harassed and threatened by police officers or unknown persons.
The latest threats they faced were linked to the invitation from
the European Commission received by Mr Hafdalla and Mr El Kori to
take part in the process of consultation with the Sahrawi people.
Note
16. With regard to freedom of peaceful assembly, in 2017 and 2018,
NGOs reported on numerous occasions that security forces used excessive
force to disperse demonstrations (particularly in Western Saharan
cities such as Laâyoune, Smara, Boujdour and Dakhla) and arrested
peaceful demonstrators on grounds such as unauthorised demonstrations
Note and attacks on police officers.
Between March and May 2018, at least 69 participants in the socio-economic
demonstrations in Jerada, in the northeast of the country, were
arrested. The demonstrations in the Rif resulted in the arrest of
more than 400 activists, many of whom were sentenced to up to 20
years’ imprisonment for breaches of national security.
Note Amnesty International claims that the justice
system did not seriously investigate the circumstances of the deaths
of two demonstrators (Imad El Attabi and Adbelhafid Haddad).
17. Moreover, respect for the right to a fair trial also remains
a problem, particularly in the context of the use of confessions
obtained through torture or other ill-treatment or the refusal of
courts to allow defence lawyers to cross-examine prosecution witnesses
or call defence witnesses (see above). These practices have already been
singled out by the United Nations Human Rights Committee.
Note Furthermore, in its 2017/2018
report, Amnesty International states that several demonstrators,
bloggers and activists have been sentenced to prison terms following
unfair trials on the basis of false accusations (see in particular
the cases of the Sahrawi blogger and Sahrawi activist Walid El Batal
and Hamza El Ansari).
Note It
should also be noted that the Code of Criminal Procedure authorises
any accused person to contact his or her lawyer after 24 hours of
police custody, which may be extended to 36 hours. However, detainees
are not allowed to be assisted by a lawyer when they are questioned
by the police or when the police present them with statements for
signature.
