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14. Morocco GENERAL, POLITICAL AND LEGAL OVERVIEW The human rights situation in Morocco remains relatively unchanged as the economic and social conditions continue to worsen, despite the government of Abdelilah Benkirane stressing it would revive the economy and prop up the health and educational sectors. Public freedoms have witnessed some gains during the Arab Spring, but have not been institutionalised. Several amendments to Moroccan law have been centred on freedom legislations, including the Press and Publications Law and Associations Law. However, such amendments have not been in manner consistent with International Human Rights Law. Morocco has been inclined to make a few, limited changes to the law which has prompted many legal and human rights organisations to file memoranda demanding constitutional amendments and juridical reforms. Freedoms continued to deteriorate in Morocco during 2013 and 2014 with human rights organisations documenting more cases of arbitrary detention, attacks on peaceful
demonstrations and human rights activists and breaches of the right to assembly, press freedoms and freedom of movement. Human rights organisations, civil society institutions and the Journalists Union have raised concerns, whilst many observers have remarked that the consecutive governments need to decrease the time spent on responding to human rights reports and increase their focus finding real solutions to existing problems.
HUMAN RIGHTS VIOLATIONS The right to freedom, fair trial and treatment •
Torture, arbitrary arrests and enforced disappearance
Human rights organisations have documented many human rights breaches against the physical and psychological safety of individuals detained at police stations. Detainees have frequently complained of overcrowded cells and a lack of medical services. Prison conditions in the country remain dismal with reports of abuses and torture resulting in injuries that often require hospitalisation. The UN Working Group on Arbitrary Detention (WGAD) visited Morocco on 9-18 December 2013 to examine the human rights situation in the country. WGAD met with many officials and
114 family members of individuals who were arbitrarily detained, in addition to visiting several detention centres. WGAD noted that despite the warm welcome by authorities, no measures were undertaken to carry out the working group’s recommendations nor did the Government comply with the UN Committee Against Torture recommendations to re-examine all convictions made on the basis of confessions extracted under torture. 129
coerced into signing a false confession under torture. On 5th July, he appeared before a judge who immediately remanded him in custody without trial. Despite complaining of torture and abuse, authorities are yet to investigate his claims. El Haisan is only granted 15 minutes of visiting time per week.130 2. Human rights organisations confirmed that many activists from the 20 February movement, the General Union of Moroccan Students, human rights defenders, and Islamists are arbitrarily arrested on bogus charges including assaulting or insulting government employees, destroying public or private property and carrying weapons. Detainees deny all such charges and assert that they are arrested because of their political opinions and demands for political, social, economic, and cultural reforms.
Cases of torture, arbitrary arrests and enforced disappearance include the following: 1. On 4th July 2014, television reporter Mahmoud El Haisan was arrested and tortured at al-Akhal prison in Al Aioun city. El Haisan, who works for the Saharawi Republic television, was arbitrarily arrested at 3:30am after scores of police officers raided his home and physically assaulted him. He was not shown any arrest or search warrant. El Haisan was beaten up and abused on the way to the police station in Al Aioun. He was accused of documenting and reporting police abuse during the forced dispersal of the Sahrawi demonstrators on 30th June. A few hours after his arrest, El Haisan was asked to give up all his “illegal activities”. Upon refusing to give up his political rights and the right to do his job without interference, he was physically assaulted. El Haisan was
3. WGAD called on the Moroccan authorities to release Mustapha elHasnaoui. According to the WGAD: “El-Hasnaoui travelled to Turkey on 11th May 2013. When he arrived at Istanbul airport, he was subject to refoulement measures, for which no reasons were given, by the Turkish airport authorities. Upon his return to Casablanca, he was questioned for several hours by the border police before being released. On 15th May 2013, Mr El Hasnaoui received a telephone call from a criminal
129 http://ar.alkarama.org/morocco/item/47682014-08-03-16-04-57 [ Alkarama Organisation: United Nations working group on arbitrary detention visit Morocco. (Arabic Source)]
130 http://ar.alkarama.org/morocco/item/48652014-08-03-16-04-57 [Alkarama Organisation: Morocco: Urgent Appeal - Saharawi television reporter, a victim of arbitrary arrest. (Arabic Source)]
115 investigation officer informing him that he must report to the Al Maarif Police Station in Casablanca at 9:30am on the following day. On 16th May, he reported to the Al Maarif criminal investigation department as requested. The duty officer told him to return at 1:00pm as he could not be seen at that moment. When he returned, he was placed under arrest without any legal reasons given. The source states that Mr El Hasnaoui was questioned for many hours about his journalistic activities, coverage of certain events, political beliefs, activities as a human rights defender and contact with the families of detainees accused of belonging to Salafia Jihadia. The source affirms that Mr El Hasnaoui’s mobile telephone was then seized and examined, in contravention of the Code of Criminal Procedure, which contains legal safeguards with regard to such measures. The source states that the criminal investigation officers did not charge Mr El Hasnaoui with any specific offence or accuse him of any particular act”. 4. According to the Equity and Reconciliation Commission report, many Moroccans remain missing after being subjected to enforced disappearance. Cases include those of Mehdi Ben Barka, al-Hussein alManoozi and Mohammed Islami. •
Social and economic rights
The year 2014 saw deteriorating economic, social and cultural conditions; Morocco’s budget deficit
reached 40 billion Dirhams and the cost of living increased significantly, with food prices increasing by more than 3.4%. Such deteriorations prompted the Government to borrow funds from abroad, as well as cut back on public spending and services. According to the Planning Commission, 9.2% of the population or approximately 1,081,000 people were reported to be unemployed, of which 9% are women. This marks an increase of 43,000 compared with 2012. These figures don’t include hidden unemployment, temporary employment and marginal economic activities. Despite new government policies to tackle housing problems, there are still very serious issues that remain unresolved. Health and education in Morocco is also less than adequate.