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Respect for the Integrity of the Person
A. ARBITRARY DEPRIVATION OF LIFE AND OTHER UNLAWFUL OR POLITICALLY MOTIVATED KILLINGS
There were reports that the government or its agents committed arbitrary or unlawful killings. On September 8, Youssef Bejjaj was reportedly chased by three police officers for not wearing a helmet on a moped. Bejjaj’s mother claimed he was then beaten to death by plainclothes police officers. On November 17, the National Brigade of the Judicial Police opened an investigation. The police investigation found that the cause of death was due to the collision of Bejjaj’s motorcycle with a police motorcycle. The report stated that the autopsy revealed injuries consistent with a collision and concluded there had been “no use of excessive force” against Bejjaj.
International and local media reported that on November 3, the Royal Armed Forces conducted an airstrike in POLISARIO-controlled territory of Western Sahara using an unmanned aerial vehicle, which killed three Algerian civilian drivers in Bir Lahlou.
B. DISAPPEARANCE
There were no reports of disappearances by or on behalf of government authorities during the year.
According to the annual report from the UN Working Group on Enforced Disappearances, from May 2018 to May 2019, the country had 153 outstanding cases of forced disappearances between 1956 and 1992, seven fewer than at the beginning of the reporting period. The National Council on Human Rights (CNDH), a publicly funded national human rights institution, reported that as of July, six cases of forced disappearances between 1956 and 1992 remained unresolved. The CNDH continued to cooperate with the UN Office of the High Commissioner for Human Rights (OHCHR) on unresolved cases of disappearance. According to the government, the working group transmitted no new allegations of enforced disappearances. Also, according to the government, no prosecutions were recorded in the first half of the year regarding past enforced disappearances.
C. TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT
The constitution and the law prohibit such practices, and the government denied it authorizes the use of torture.
Although government institutions and nongovernmental organizations (NGOs) continued to receive reports about the mistreatment of individuals in official custody, reports of torture have declined over the last several years. According to the government, 385 accusations of mistreatment by police were recorded, of which 336 complaints were processed and 49 complaints were under investigation. According to the Ministry of Foreign Affairs, there were eight complaints of torture or degrading treatment filed with the Prosecutor General’s Office during the year. An investigation into the case of Said Feryakh concluded that the detainee had not been subjected to any treatment outside the legal framework by personnel at Souk Larbaa prison during his incarceration. According to the General Delegation for Prison Administration and Reintegration (DGAPR) Feryakh was inciting inmates to revolt and undertake collective action that could jeopardize security and disrupt order in the institution.
As of year’s end, there were continuing investigations by the National Brigade of the Judicial Police of six security officers for use of violence in the course of their duties. The CNDH reported it opened 20 investigations into complaints of torture or degrading treatment between January 1 and August 31.
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. In some cases judges refused to order a medical assessment when a detainee made an allegation of abuse. 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 alleged torture.
Reports of mistreatment occurred most frequently in pretrial detention. There were also accusations that security officials subjected Western Sahara proindependence protesters to degrading treatment during or following demonstrations or protests calling for the release of alleged political prisoners. OHCHR noted in March it had received reports of unnecessary and disproportionate use of force by security forces to disperse protests.
On March 17, a video posted on social media networks showed a member of the security services in civilian clothes assaulting teachers during a union demonstration organized in Rabat. The individual, identified as Sahm Bouhfid, was detained on March 18 for violence, assault and battery, misuse of office, and interference with duties of a public office. On April 5, Bouhfid was sentenced to one year in prison. On July 26, his sentence was reduced to eight months on appeal.
According to Amnesty International, on March 25 Moroccan police in Western Sahara detained and allegedly tortured 15-year-old Mustapha Razouk for peacefully protesting the detention of another activist. According to Razouk’s testimony, authorities beat Razouk, poured boiling melted plastic on him, and suspended him from the ceiling. He alleged that he was not given access to a doctor during the first three days in custody and was forced to sign a police report without being allowed to read it. Razouk was sentenced to one month in prison for participating in a protest and throwing stones at a police vehicle. He was released on April 26. There was no information on official investigation into Razouk’s torture claims.
In April a female teacher accused law enforcement officials in Rabat of sexually assaulting her during a teachers’ demonstration calling for maintaining retirement benefits. According to the government, the Prosecutor General’s Office offered to provide medical exams to 21 other demonstrators who said they also had been sexually assaulted during the demonstration. The investigation was still pending as of year’s end.
In January 2020 the spouse of Abdelqader Belliraj, who was serving a life sentence on terrorism-related charges, told Human Rights Watch (HRW) that Belliraj has been deprived of contact with other inmates since 2016 and was kept in confinement 23 hours a day. According to media reports, the DGAPR stated Belliraj received an hour break each day that allowed for interactions with other inmates and was allowed family visits and access to a telephone. Belliraj claimed he was convicted based on confessions obtained under police torture. Belliraj was transferred at his request to a prison in Marrakech in March.
In Western Sahara, human rights organizations continued to track alleged abusers from local security forces who remained in leadership positions or who had been transferred to other positions. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. Government officials generally did not provide information on the outcome of complaints.
In March 2020, HRW published a report of police violence against two Western Sahara independence activists, Walid el-Batal and Yahdhih el-Ghazal, in Smara in June 2019. According to HRW’s report, Moroccan security forces attempted to prohibit the men from attending an event for activist Salah Labsir who was serving a four-year prison sentence on charges of premeditated violence against police and destruction of public goods. OHCHR requested an investigation into el-Batal’s case, raising concerns regarding human rights abuses. The National Police Force (DGSN) opened a judicial investigation into this incident. According to the DGAPR, six police officers were prosecuted following the dissemination on social networks of a video illustrating the circumstances of arrest.
According to the Conduct in UN Field Missions online portal, there were two allegations submitted during the year of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping missions. The first concerned transactional sex in late 2020 in the UN Organization Stabilization Mission in the Democratic Republic of Congo. The second concerned attempted rape of a child and soliciting transactional sex with an adult in the UN Multidimensional Integrated Stabilization Mission in the Central African Republic. Moroccan and UN Office of Internal Oversight Services investigations into both allegations remained pending.
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 (OMP), an NGO focused on the rights of prisoners, continued to report that some prisons were overcrowded and failed to meet local and international standards. In newer prisons pretrial detainees and convicted prisoners were held separately, but in older prisons the two groups remained together.
According to government sources and NGOs, prison overcrowding was also 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 administrative requirements also prevented prison authorities from transferring individuals in pretrial detention or the appeals phase to facilities outside the jurisdiction where their trials were to take place.
As of August 16, there were 37 registered hunger strike cases. On January 20, the families of detainees held for their role in 2016 demonstrations in the Riffian city of al- Hoceima conducted a 48-hour hunger strike to protest detention of their family members Nasser Zafzafi, Nabil Ahmjik, Mohamed Jalloul, Mohammed Hakki, Samir Ighid, Zakaria Adahchour, along with journalists Soulaiman Raissouni, Omar Radi and the academic Maati Monjib. NGOs frequently cited cases where prisoners protested the conditions of their detention with hunger strikes. In February several NGOs reported mistreatment of Mohamed Lamine Hadi after he commenced a hunger strike in a detention center in the Rabat-Tiflet region on January 13 to protest his poor prison conditions, including continued isolation, medical negligence, and deprivation of basic rights. Reports also claimed his family was deprived of visitation rights. The DGAPR investigated the claims and issued a written response that stated the allegations were false.
King Mohammed VI pardoned 4,181 inmates during the calendar year. Of the inmates who received a royal pardon, 17 were Hirak (popular mass protest movement) detainees.
The law provides for the separation of minor prisoners from adult prisoners. In all prisons, officials classify youth offenders into two categories, both of which are separated from other prisoners: minors younger than 18 and offenders between 18 and 20 years old. According to authorities, minors were not held with prisoners older than age 20. The DGAPR had three dedicated juvenile “centers for reform and education” but maintained separate, dedicated youth detention areas for minors in all prisons. The government reported that, in cases where a juvenile court judge ruled detention was necessary, minors younger than 14 were detained separately from minors 15 to 18 years old. A judge must monitor cases monthly of detained minors.
The DGAPR reported there was no discrimination in access to health services or facilities based on gender for female prisoners, who make up just over 2 percent of the prison population. Some officials reported that female inmates often had a harder time accessing gender-specific health specialists such as OB/GYNs than a general physician. Local NGOs asserted that prison facilities did not provide adequate access to health care and did not accommodate the needs of prisoners with disabilities. The DGAPR reported a nurse and a psychologist examined each prisoner on arrival and that prisoners received care upon request. The DGAPR reported conducting extensive COVID-19 tests and medical consultations in prisons.
The DGAPR provided to inmates fresh food, certified by the Ministry of Health as meeting the nutritional needs of the average adult male. According to the DGAPR, the penitentiary system accommodated the special dietary needs of prisoners suffering from illnesses and of prisoners with religious dietary restrictions.
Some human rights activists asserted that the prison administration reserved harsher treatment for Islamists who challenged the king’s religious authority and for those accused of “questioning the territorial integrity of the country.” The DGAPR denied that any prisoners received differential treatment and asserted that all prisoners received equal treatment in accordance with the law.
Families of detainees from Western Sahara alleged that they faced unusually harsh prison conditions. The DGAPR contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in the rest of the country received the same treatment as all other prisoners under its authority.
On September 26, authorities released journalist and Sahrawi activist Mohamed al-Bambary after six years in detention. According to the Robert F. Kennedy Human Rights Center, he had been detained with 45 other prisoners in a cell that was 25 feet by 18.5 feet.
Administration: While authorities generally permitted relatives and friends to visit prisoners, there were reports that authorities denied visiting privileges in some instances. The DGAPR assigned each prisoner to a risk classification level, which determined visiting privileges. According to its prisoner classification guide, the DGAPR placed restrictions on the level of visits, recreation, and types of educational programming for higher-risk prisoners. At all classifications, prisoners may receive visits, although the length, frequency, and number of visitors may vary. Most prisons assigned each prisoner a designated “visit day” to manage the number of visits to the prison. The DGAPR authorized religious observances and services provided by religious leaders for all prisoners, including religious minorities. To limit the spread of COVID-19 during the pandemic, DGAPR suspended family and lawyer visits but increased phone time privileges for inmates. The DGAPR put in place several measures such as cleaning and periodic disinfection while providing officials and inmates with means of prevention, including hydroalcohol gels and masks.
The CNDH and the DGAPR investigated allegations of inhuman conditions. The CNDH and the DGAPR effectively served the function of an ombudsman, and a system of “letterboxes” operated in prisons to facilitate prisoners’ right to submit complaints regarding their imprisonment. Detainees could submit complaints without censorship to the DGAPR Delegate General’s Office for processing, as well as to the CNDH.
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