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CAT/C/84/D/1166/2023

Sidi Ahmed Lemjiyed v. Morocco

UNO-Ausschuss gegen Folter (CAT) · 2026-04-24 · en UN

Decision; Subjects: MOROCCO, TORTURE AND OTHER CRUEL TREATMENT; [CAT: UNO-Antifolterkonvention, Übereinkommen gegen Folter; Convention contre la torture; Convenzione contro la tortura]

Volltext (verifizierbarer Originaltext)

GE.26-07219 (E) 250626 250626

Committee against Torture

Decision adopted by the Committee under article 22 of the

Convention, concerning communication No. 1166/2023*, **

Communication submitted by:

Sidi Ahmed Lemjiyed (represented by counsel,

Francesca Romana Doria)

Alleged victim:

The complainant

State Party:

Morocco

Date of complaint:

8 November 2022 (initial submission)

Document references:

Decision taken pursuant to rules 114 and 115 of

the Committee’s rules of procedure, transmitted

to the State Party on 6 January 2023 (not issued

in document form)

Date of adoption of decision:

24 April 2026

Subject matter:

Torture in detention

Procedural issue:

Abuse of the right of submission

Substantive issues:

Torture and cruel, inhuman or degrading

treatment or punishment; prevention of torture;

treatment of prisoners; impartial investigation;

right to complain; right to redress

Articles of the Convention:

1, 2 and 11–16

1.1

The complainant is Sidi Ahmed Lemjiyed, a national of Morocco born in Western

Sahara in 1952. He claims that the State Party has violated his rights under articles 1, 2 and

11 to 16 of the Convention. The State Party has made the declaration pursuant to article 22 (1)

of the Convention, effective from 19 October 2006. The complainant is represented by

counsel.

1.2

On 6 January 2023, pursuant to rule 114 (1) of its rules of procedure, and in the light

of the information provided by the complainant, the Committee, acting through its

Rapporteur on new complaints and interim measures, requested the State Party to: (a) stop

subjecting the complainant to solitary confinement; (b) refrain from any form of pressure,

intimidation or reprisals likely to be detrimental to the physical and psychological health of

* Adopted by the Committee at its eighty-fourth session (13 April–1 May 2026).

** The following members of the Committee participated in the examination of the communication:

Jorge Contesse, Lorena González Pinto, Claude Heller, Erdogan Iscan, Peter Vedel Kessing,

Liu Huawen, Maeda Naoko, Moulaye Abdallah Moulaye Abdallah and Ana Racu. Pursuant to rule

109, read in conjunction with rule 15, of the Committee’s rules of procedure, and paragraph 10 of the

guidelines on the independence and impartiality of members of the human rights treaty bodies

(the Addis Ababa guidelines), Abderrazak Rouwane did not participate in the examination of the

communication.

United Nations

CAT/C/84/D/1166/2023

Convention against Torture

and Other Cruel, Inhuman

or Degrading Treatment

or Punishment

Distr.: General

4 June 2026

English

Original: French

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the complainant; (c) allow the complainant to be visited by his family and his counsel and to

speak with his counsel in a strictly confidential manner; (d) allow the complainant to be

visited by a doctor of his choosing in prison and receive appropriate treatment; and (e) return

the complainant to a group regime in a prison closer to his family.

1.3

On 18 December 2023, the Committee, again acting through its Rapporteur on new

complaints and interim measures, denied the request of the State Party to lift the interim

measures.

Facts as submitted by the complainant

2.1

Beginning on 9 October 2010, thousands of Saharans living in Western Sahara left

their homes for temporary camps located on the outskirts of towns, including Gdeim Izik, a

camp in the vicinity of Laayoune. The aim of this initiative was to denounce the

discrimination that Saharans believe they are subjected to by the State Party. The complainant

did not actively participate in the Gdeim Izik camp movement, but visited it as a human rights

activist to interview people there about their demands and their suffering. He was also the

president of the Committee for the Protection of Natural Resources in Western Sahara.1

2.2

On 8 November 2010, Moroccan army personnel, armed with water cannons and tear

gas, attacked the Gdeim Izik camp, which was at the time occupied by more than

20,000 Saharans. As the camp was being forcibly cleared, clashes broke out between the

army and Saharan demonstrators, and Moroccan soldiers were reportedly killed. A violent

wave of repression led by the Moroccan security forces and supported by Moroccan civilians

residing in Saharan territory ensued. The complainant states that, on the day that the camp

was dismantled, he was not at Gdeim Izik, as he was returning from Spain with international

observers to attend a trial, and they had gone directly to his home in Laayoune.

2.3

On 25 December 2010, the complainant was in the Hacoune neighbourhood of

Laayoune. He was surrounded by unmarked vehicles carrying men in civilian clothing who,

after covering his head with his own jacket, handcuffed him, pushed him into a car and took

him to the Laayoune police station. Police officers then beat him with batons and interrogated

him about his activities with the Committee for the Protection of Natural Resources in

Western Sahara and about the foreign organizations with which he had purportedly been in

contact or that had purportedly provided him with funding. He remained handcuffed and

blindfolded throughout the time that he was at the police station.

2.4

The complainant was then transferred to the Laayoune Royal Gendarmerie, where he

was tortured. While suspended by his hands and feet, with his face against the floor and his

eyes blindfolded, he was beaten all over his body with batons, his feet were burned with

cigarettes and his right thumbnail was torn out. The torture was so brutal that a bone in his

back fractured, causing him serious spinal problems. All his requests for medical assistance

were denied. When he asked to see a doctor, his torturer replied, “You deserve to die for your

statements, which insult the great Kingdom of Morocco.” Whenever he defended his

statements, the torture intensified.

2.5

After four days in detention, the complainant was transferred by military plane to

Rabat. During the journey, his captors continued to subject him to ill-treatment and

threatened to throw him from the plane mid-flight. He was brought before the investigating

judge in a terrible state and asked to be examined by a doctor and to receive legal counsel.

When he showed the investigating judge the marks left by the torture that he had endured,

the judge ignored them and did not grant his request, simply demanding that he sign a

statement, which he refused to do. He was then taken to the Salé 2 prison, where the torture

resumed. He was stripped, still blindfolded, doused with cold water and beaten with fists.

Once he had been put in a cell, his handcuffs and the blindfold covering his eyes were

removed, but the ill-treatment continued; in particular, he was deprived of water and sleep

and was subjected to violence every time he refused to sing the national anthem.

1 The complainant claims to have been a political prisoner on two occasions, but does not provide

further details.

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2.6

The complainant was not told where he was being held. He submits that he learned

only after about 20 days2 that he was being held at the Salé 2 prison and that his family was

not informed of his detention or of his whereabouts. He did not receive a visit from his family

until 3 January 2011. Beginning on that date, he told his mother and his three sisters about

the torture to which he had been subjected. His mother and sisters were able to see for

themselves the marks on his body from the beatings and burns that he had endured, in addition

to the swelling on his right hand that had occurred after his thumbnail had been torn out.

These marks were still clearly visible on that date, even though the complainant and his

family members were separated by two sets of bars during the visit. Furthermore, the

complainant was not able to see a doctor until three and a half months after his imprisonment.

2.7

The complainant spent six months in solitary confinement at the Salé 2 prison in

appalling conditions, shoeless and sleeping on the floor. His health deteriorated. It was

difficult for him to speak about the abuse that he had suffered and the conditions of his

detention, particularly because guards were present during his family’s visits. He remained

in custody at the Salé 2 prison until 31 August 2016, then was transferred to the El Arjat

prison, where he was held until 16 September 2017, when he was transferred to the Ait

Melloul 2 central prison, where he is currently being held.

2.8

On 17 February 2013, on the conclusion of a mass trial of 25 Saharan defendants, the

Rabat Military Court sentenced the complainant to life imprisonment for belonging to a

criminal gang and participating in the commission of acts of violence against a public official

acting in the performance of his duties.3 During the trial, the complainant drew attention to

his worrying state of health and claimed to have been the victim of physical and

psychological torture and to know the identities of his torturers. He also explained that the

statements that he had signed had been made under torture. However, no investigation into

the acts of torture was launched.4

2.9

On 27 July 2016, the Court of Cassation overturned the judgment of the Military

Court5 and referred the case to the Rabat Court of Appeal.6 A new trial began in January

2017. The complainant reiterated that he had been tortured and was still suffering from the

after-effects of that torture, and that his torturers had not asked him any questions about the

Gdeim Izik camp, but had instead questioned him about his trips to Algeria and the visit of

the international observers. He claimed that he had been forced to affix his fingerprint to a

statement without knowing its content, and refused to answer any questions related to the

falsified statements obtained under torture. On 25 January 2017, more than six years after the

events, the presiding judge of the Court of Appeal agreed to allow the defendants to undergo

forensic medical assessments. However, the performance of these assessments was entrusted

to three Moroccan forensic doctors who had not been trained on the Manual on the Effective

Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (Istanbul Protocol) and did not offer sufficient guarantees of

independence.7 The complainant therefore refused to undergo an assessment. The lawyers of

the co-defendants subsequently presented these assessments to four doctors, of French and

Spanish nationality, who produced second opinions concluding that the Istanbul Protocol had

not been respected.

2.10

On 19 July 2017, the Rabat Court of Appeal upheld the complainant’s conviction,

primarily on the basis of the statements signed under torture. On 25 November 2020, the

Court of Cassation dismissed the complainant’s appeal.

2.11

The complainant has been held in solitary confinement since the 2017 ruling. He is

alone in his cell for 23 hours a day with no contact with other inmates, his family or his

2 The complainant’s statements and those of the State Party conflict in this regard (see para. 4.8).

3 According to the complainant, this conviction is based almost exclusively on his statement, which had

been falsified and signed under torture.

4 A/HRC/27/48/Add.5, para. 68.

5 The Court of Cassation found that it had not been shown that all the constituent elements of the

offence were present.

6 In the meantime, the law had changed and the crimes for which the trial was being held were no

longer under military jurisdiction.

7 On the grounds that these forensic doctors are attached to the Court of Appeal.

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lawyer, who has been barred from visiting him since the end of the 2017 appeal trial. Before

that ruling, the complainant had been allowed to call his family for five minutes once a week

and had received a 15-minute visit on Fridays, with his family having to wait for three hours

to see him. During the visits, he had been handcuffed and surrounded by guards. The prison

administration would often not allow his sisters to visit him.

2.12

This arbitrary continued detention in solitary confinement is having serious

consequences for the complainant’s mental and physical health. He is also suffering from

kidney disease, back pain and eye sensitivity, and is unable to move normally due to pain in

his right foot. His hand and his feet are extremely swollen. He went on his first hunger strike,

which lasted 27 days, from 19 September to 12 October 2017 and has been on two more since

then.8 Since 3 October 2022, his family has had no telephone contact with him and therefore

no news.

Complaint

3.1

The complainant considers that his treatment since his arrest and during his detention,

which has lasted more than six years, constitutes a violation of articles 1, 2, 11, 12, 13, 14,

15 and 16 of the Convention. The physical abuse that he suffered – which was intended to

extract information or a confession from him, to punish him or to intimidate him – during his

arrest in Laayoune on 25 December 2010, his detention at the Laayoune Royal Gendarmerie

in December 2010, his transfer by plane to Rabat in early January 2011, his hearing before

the investigating judge and the first months of his detention at the Salé 2 prison constitutes

torture within the meaning of article 1 of the Convention. The complainant mentions the

punches, kicks, baton blows and cigarette burns that he received and the fact that his

thumbnail was torn out, he was suspended by his wrists and knees, head down and

blindfolded, and he was held in solitary confinement for a very long time. The acts and

treatment to which the complainant was subjected constitute, at the very least, cruel, inhuman

or degrading treatment or punishment as set out in article 16.

3.2

The complainant claims a violation of articles 12 and 13 of the Convention on the

grounds that the investigating judge, the prosecutor, the Military Court and the Rabat Court

of Appeal refused to launch an impartial investigation into the allegations of torture that he

made on several occasions, despite the visible signs of violence on his body when he appeared

before the investigating judge. In addition, the ongoing absence of an investigation prevents

the complainant from obtaining rehabilitation, compensation, care and guarantees of

non-repetition, in violation of article 14 of the Convention.

3.3

The complainant also claims a violation of article 15 arising from the fact that the

Military Court in 2013 and the Rabat Court of Appeal in 2017 took into account confessions

signed under torture. Lastly, he alleges a violation of article 16 arising from the conditions

of detention at the Laayoune Royal Gendarmerie, under which he was held without food or

water and was forced to urinate on himself, and at the Salé 2 prison, under which he was not

provided with a mattress for several months.

State Party’s observations on admissibility and the merits

4.1

On 6 February and 14 July 2023, 28 March and 26 November 2024 and 11 April and

12 November 2025, the State Party submitted observations. It first contested the Committee’s

request for interim measures pursuant to rule 114 (1) of its rules of procedure. It condemns

the malicious tactic employed by the complainant’s counsel of deliberately flooding the

Committee with purely political and propagandistic information and false allegations with

the aim of perpetuating the notion that the complainant is the target of reprisals. According

to the State Party, the complainant is serving his sentence in entirely normal conditions, just

like any other inmate, without any discrimination. Neither he nor his family has ever been

subjected to any reprisals or any other form of intimidation. The complainant should finally

accept the fact that justice has been served in this case.

4.2

The State Party contests the admissibility of the complaint on the grounds that it

constitutes an abuse of the right to submit a communication, since nearly 12 years have

8 No further details were provided.

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passed since the alleged events. It wonders why there was such a delay. It finds it regrettable

that the complaint, like the nine others relating to the dismantling of the Gdeim Izik camp to

have been submitted to the Committee, is a vehicle for an attempt by the complainant to

make, under the cloak of numerous allegations of human rights violations, purely political

demands that fall outside the scope of the Committee’s mandate. It is of the view that the

very content of the complaint and the nature of most of the documents in the file are indicative

of a wish to report on a general situation with the help of vague and ultimately unfounded

general allegations revealing purely political motives.

4.3

On the merits, the State Party argues that, notwithstanding the complainant’s claims

to the contrary, he was arrested by the Laayoune police on 25 December 2010 after the

issuance, requested by the Laayoune Royal Gendarmerie, of a nationwide wanted notice on

3 December 2010. The complainant was arrested for his involvement in the events that

occurred during the dismantling of the Gdeim Izik camp, in which 11 members of the security

forces were brutally killed, 161 were injured and several items of public property were

damaged. The complainant was questioned before being brought before the Crown

Prosecutor General at the Laayoune Court of Appeal, who oversaw all investigative, arrest

and questioning procedures.

4.4

At the end of his police custody, which did not exceed the legal time limit of 48 hours,

the complainant was brought before the Crown Prosecutor General of the Laayoune Court of

Appeal, on whose instructions he was transferred to the Rabat Military Court, which had

jurisdiction, where he was brought before the military investigating judge, who questioned

him and ordered his temporary detention at the Salé 2 prison. At the time of his arrest, his

mother was informed that he had been placed in police custody and of the date on which he

would be brought before the Prosecutor General. These measures were mentioned in the

report prepared by the criminal investigation police.

4.5

The State Party notes that, once the Rabat Court of Appeal was made aware of the

allegations of torture, the Court, acting in follow-up to a request made by the complainant’s

lawyer, ordered a medical assessment. A tripartite commission, which was chaired by a

professor of forensic medicine and composed of a doctor specializing in trauma and

orthopaedics and a psychiatrist and judicial expert working for the Rabat Court of Appeal,

was entrusted with the performance of this assessment. However, the complainant refused to

undergo this assessment, which raises questions about the true reasons for this refusal,

particularly given that the Court’s order had been issued in response to a request from his

lawyer. It should be noted that the assessment involved interviews, medical and clinical tests,

psychological evaluations, evaluations of motor skills and the nervous system and other

complementary tests. In addition, counsel for the defence was given the opportunity to

comment on this assessment. Moreover, the State Party considers that the complainant has

not discharged the burden of proof, since he has not provided sufficient information to

establish that he was subjected to acts of torture or ill-treatment.

4.6

With regard to the complainant’s allegation that the Rabat Court of Appeal based its

conviction on preliminary statements obtained under torture, the State Party states that the

Court based its decision on the findings of the criminal investigation police concerning the

individuals involved in the assaults; oral evidence confirming the complainant’s

involvement, including that of two camp residents who were not members of the security

forces, one of whom stated that he had seen the complainant violently strike members of the

security forces while they were on the ground; the complainant’s preliminary confession; a

video that confirms the planning and actual execution of the actions; and the content of the

autopsy reports. Furthermore, the State Party specifies that reports prepared by criminal

investigation police officers in criminal cases are drawn up solely for informational purposes,

in accordance with the Code of Criminal Procedure. Thus, the complainant’s claim that the

Court relied solely on his confession made under torture is unfounded.

4.7

With regard to the allegations that no serious investigation has been conducted into

the alleged acts of torture in police custody, even though more than 12 years have passed,

and that the complainant has been denied his right to redress, the State Party notes that the

complainant refused to undergo the medical assessment that had been ordered by the Rabat

Court of Appeal in response to the request from his lawyer. In this regard, it should be noted

that it was not necessary to open an independent investigation into the allegations of torture,

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as provided for in article 12 of the Convention, since there were no reasonable and justified

grounds to believe that the complainant had been a victim of torture.

4.8

The State Party refutes the complainant’s false allegation regarding ill-treatment

suffered upon his arrival at the Salé 2 Prison on 28 December 2010. It states that the

complainant was placed in a single-person cell equipped with a metal bed, blankets and a

pillow. Furthermore, the complainant knew where he was being held, since he was aware of,

and had signed, the official record drawn up by the military investigating judge on

28 December 2010, which stated that the judge had ordered his temporary detention at the

Salé 2 prison on the same day. It is therefore clear that he knew where he was, especially

since his family was able to visit him four days later, on 3 January 2011. The complainant

confirmed this date in his submission to the Committee.

4.9

The State Party states that the Ait Melloul 2 prison, where the complainant is currently

imprisoned, is the prison best suited to his criminal status and closest to his family’s place of

residence. It notes that the complainant was sentenced to a term of imprisonment that is

incompatible with the detention regime in place at prisons in the region where his family

lives, which are primarily intended to house individuals in pretrial detention or those serving

short sentences.

4.10

Regarding the false allegation that the complainant has been held in solitary

confinement since the 2017 ruling, the State Party wishes to clarify that the complainant has

at no point been placed in solitary confinement and that his counsel appears to be confusing

placement in a single-person cell with solitary confinement for health or security reasons.

The complainant is being held9 in a cell that meets all international standards regarding size,

natural light, ventilation and hygiene and has a television that receives various channels.

Although his criminal status prevents him from being held together with other inmates, he is

by no means isolated. His cell is located in a block that houses several other inmates, who he

encounters during his various trips around the prison, for example, to visit the medical unit

or the library, or to exercise. He has the right to exercise with the inmates convicted in the

same case, during which time they engage in sports and workouts together. His placement in

a single-person cell cannot under any circumstances be considered as solitary confinement,

which is applied in accordance with criteria that are strictly regulated by law.

4.11

With regard to the allegations that the complainant has been denied contact with his

family and his counsel, the State Party asserts that he communicates regularly with his family,

at a rate of three calls per week, each lasting between 15 and 20 minutes, and that his last call

was on 3 July 2023, which completely refutes the allegation that he has not called his family

since 3 October 2022. His family also visits him regularly.10 It is important to note that, for

humanitarian reasons and to facilitate his family’s travel, the complainant is entitled to

receive up to three visits in a week at times when his family is unable to visit once per week,

with a view to maintaining the bonds between them.

4.12

The State Party categorically refutes the allegations that the complainant has been

unable to communicate confidentially with his lawyers. Since the complainant’s transfer to

the Ait Melloul 2 prison on 16 September 2017, no lawyer has at any point visited the prison,

requested a meeting with the complainant or asked to speak with him by telephone.

Moreover, the complainant has not requested a meeting with a lawyer.

4.13

As regards the provision of a doctor chosen by the complainant, the State Party states

that inmates are cared for by the prison doctor, who reports to the General Delegation for

Prison Administration and Reintegration, may not compromise his or her professional

independence in any way and practises in a spirit of respect for human life, the individual

and his or her dignity. Furthermore, it is the prison doctor who refers his or her patients to

hospital specialists when he or she deems it necessary. The complainant has at all times

received care whenever his health has required it and whenever he has requested it. Since his

9 According to the State Party, the complainant is being held alongside two other inmates in connection

with the events at Gdeim Izik.

10 In its observations dated 14 July 2023, the State Party states that, since the complainant’s arrival at

the Ait Melloul 2 prison, he has received 77 visits from his family, the most recent of which took

place on 8 June 2023.

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transfer to the Ait Melloul 2 prison, he has had 108 on-site consultations with a general

practitioner, 4 dental consultations and 9 off-site consultations. He has also had 24 laboratory

tests and 3 radiological examinations. It should be noted that the complainant has refused on

six occasions to leave the public hospital following appointments scheduled by the prison

administration, objecting to the requirement to wear uniform when outside prison.11 The

complainant is currently in good overall health and does not suffer from any chronic

conditions such as kidney failure or gout.

4.14

The State Party confirms that the complainant has declared that he was on a hunger

strike on five occasions. It notes that the complainant is resorting to hunger strikes to put

pressure on the prison administration with a view to obtaining benefits that are not authorized

by the regulations and evading monitoring and oversight.

4.15

Lastly, the State Party specifies that the complainant has at no point been harassed or

subjected to ill-treatment in prison, by either guards or other inmates.12 It is important to note

that the complainant’s prison situation is being monitored by the National Human Rights

Council as part of the visits that it carries out to all inmates convicted in the Gdeim Izik case.

Complainant’s comments on the State Party’s observations

5.1

On 23 June 2023, 19 May and 19 July 2024 and 8 January and 19 July 2025, the

complainant submitted his comments on the State Party’s observations. Regarding the

allegation of abuse of the right to submit a communication, the complainant asserts that, from

the outset, he reported the acts of torture and violence to which he had been subjected and

that, contrary to their obligations, the Moroccan authorities have failed to conduct any

investigation.

5.2

The complainant notes that the Ait Melloul 2 prison, which is located 640 km from

Laayoune, is not the closest to his family.13 He maintains that he has been held in solitary

confinement since the 2017 ruling, as he is held alone in his cell for at least 23 hours a day,

with no contact with the other inmates, with whom he is forbidden to speak. This punitive

solitary confinement is having serious consequences for his mental and physical health. This

is being compounded by the harassment that is being perpetrated inside the prison,

particularly by certain guards who are constantly harassing and psychologically torturing the

complainant and inciting ordinary prisoners to harass him at every turn.14 He also condemns

the National Human Rights Council, which he considers to bear the main responsibility for

his suffering, as the institution has ignored all the complaints that he has submitted to it during

his 14 years of detention and has spread lies that serve the interests of the State Party.

5.3

When the complainant is permitted to have telephone contact with his family, it is

always in the presence of a member of the prison administration. He continues to assert that

he is entitled only to one four-minute phone call per week or every two weeks, a claim that

is not contradicted by anything in the State Party’s submissions. He is forbidden from

discussing his conditions of detention or the acts of violence, under penalty of having the

phone call cut off or facing reprisals.15

5.4

The complainant notes that he suffers from kidney failure, skin and eye problems,

migraines, gout and the physical and psychological after-effects of the torture and

ill-treatment that he has endured. Although he is able to see the prison doctor, he needs

specialized care. For example, he was prevented from going to hospital on 30 December 2021

and from seeing a doctor following a request submitted on 8 April 2022. Furthermore, a

request submitted on 30 April 2022 was denied. Some medical appointments were cancelled

11 These figures are cited by the State Party in its observations dated 11 April 2025.

12 The State Party refers to various complaints filed by the complainant and dismissed by the public

prosecutor’s office. It claims that the prison administration sent him the responses with a delivery

receipt and signature confirmation, but that the complainant refused to accept the responses to his

complaints on two occasions.

13 The complainant lists the names of other prisons and the relevant distances.

14 No further details were provided. With regard to his complaints and the action that was reportedly

taken in response, the complainant states that he is not aware of any investigation and therefore

cannot comment.

15 No further details were provided.

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because he refused to wear the uniform for ordinary prisoners, a practice employed by the

prison administration with the aim of humiliating the Saharan prisoners.

5.5

With regard to his alleged confessions, the complainant asserts that it has already been

made amply clear that, during the two sets of court proceedings, no substantive evidence

proving the defendants’ involvement in the murder of the security officers was presented,

and that the convictions are based primarily on the defendants’ falsified statements that they

signed under duress, without having been able to read them, and on new oral evidence that

conveniently emerged more than seven years after the events. However, these opportune

witnesses are, for the most part, simply auxiliary forces officers, civil protection personnel

and gendarmes, which obviously means that such evidence, which is largely questionable,

cannot be relied upon.

Issues and proceedings before the Committee

Consideration of admissibility

6.1

Before considering any complaint submitted in a communication, the Committee must

decide whether it is admissible under article 22 of the Convention. The Committee has

ascertained, as it is required to do under article 22 (5) (a) of the Convention, that the same

matter has not been and is not being examined under another procedure of international

investigation or settlement.

6.2

The Committee notes the State Party’s contention that the complaint is inadmissible

because it constitutes an abuse of the right to submit a communication. The Committee points

out that neither the Convention nor the Committee’s rules of procedure establish a time limit

for submitting a communication. In any event, it notes that the complainant claims not only

that he was subjected to torture and ill-treatment when he was arrested and held in custody

in 2010 but also that there was no investigation into his allegations of torture or concerning

the conditions of detention at the time of the submission of the communication, claims that

do not constitute an abuse of the right to submit a communication under article 22 (2) of the

Convention.

6.3

With reference to article 22 (4) of the Convention and rule 111 of the Committee’s

rules of procedure, the Committee finds no other obstacle to the admissibility of the

communication and proceeds to its consideration of the merits with respect to articles 2 (1)

and 11 to 15 of the Convention, read in conjunction with article 1, and with respect to

article 16.

Consideration of the merits

7.1

In accordance with article 22 (4) of the Convention, the Committee has considered

the communication in the light of all the information made available to it by the parties.

7.2

The Committee takes note of the complainant’s claim that the physical abuse that he

was subjected to on being arrested, during his detention at the Laayoune Royal Gendarmerie

and his transfer to Rabat and at the Salé 2 prison constitutes torture under article 1 of the

Convention. It also notes that the complainant, not represented by counsel and bearing visible

signs of torture, about which he made explicit allegations at the time, was brought before an

investigating judge of the Military Court a few days after being arrested and subsequently

before the Military Court, which did not order an investigation into these allegations. It

further notes that the complainant claims that he was subjected to the “roast chicken” method,

involving suspension by the wrists and knees from a metal bar, with the head down and in a

crouched position, which is essentially a form of torture, that he was punched, kicked and

beaten with iron bars and batons, that he was burned with cigarettes, that his thumbnail was

torn out and that he was doused with cold water. The Committee notes the State Party’s

argument that, when it was apprised of the allegations of torture made by the complainant

and his fellow defendants in the proceedings in the ordinary jurisdiction, the Rabat Court of

Appeal appointed three doctors to produce an expert medical assessment.

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7.3

It notes the complainant’s allegation that the medical assessment was not conducted

by independent and impartial physicians, as required, for example, by the Istanbul Protocol.

In this regard, it points out that, during the trial relating to the dismantling of the Gdeim Izik

camp, the findings of the medical assessments of the complainant and his fellow defendants

were presented to international doctors for second opinions, who concluded that the Istanbul

Protocol had not been followed, in particular because the rules on the independence and

impartiality of the experts had not been followed, the interviews had been of very short

duration, the evaluation of trauma and psychological harm had been unsatisfactory and the

findings of all the expert assessments, which contained no indication of the degree of

compatibility of the lesions that had been observed with the alleged abuse, were similar.16

The Committee notes that the State Party vouches for the doctors’ impartiality, competence

and professionalism. It is of the view, however, that the State Party does not provide

information to confirm that the medical assessment was performed by independent and

impartial doctors, as required, for example, by the Istanbul Protocol and as part of an official

investigation into the complainant’s allegations of torture. It also notes that the medical

assessment took place more than six years after the alleged events and that the interval

between those events and the assessment seems not have been taken into account.17

7.4

The Committee recalls its jurisprudence, according to which any persons deprived of

their liberty must be provided with prompt and independent legal and medical assistance and

must be able to contact their families, in order to prevent torture.18 It also notes that the

complainant was placed in solitary confinement and recalls its position on the subject –

specifically, that solitary confinement may constitute torture or inhuman treatment and that

it should be regulated so as to be a measure of last resort, to be applied in exceptional

circumstances, for as short a time as possible, under strict supervision and with the possibility

of judicial review.19 Taking account of the complainant’s assertion that he was afforded none

of these protections while he was in pretrial detention or solitary confinement, and in the

absence of persuasive rebuttals of these allegations from the State Party, the Committee finds

that the physical ill-treatment and injuries that the complainant asserts that he endured when

he was arrested and interrogated and while he was in detention constitute torture within the

meaning of article 1 of the Convention.20

7.5

The Committee is of the view that, insofar as it involved punitive and discriminatory

measures, all the treatment to which the complainant was allegedly subjected during his

detention, and which the State Party does not contest, also constitutes torture: (a) the

deplorable sanitary conditions while in police custody at the Laayoune Royal Gendarmerie

headquarters and at the Salé 2 prison; (b) the long periods of solitary confinement without

being able to see a doctor of his choosing; (c) the denial of food; and (d) his limited access

to his lawyer and family. Accordingly, the Committee does not consider it necessary to

examine separately the claims under article 16 of the Convention.21

7.6

The complainant also invokes article 2 (1) of the Convention, pursuant to which the

State Party should have taken effective legislative, administrative, judicial or other measures

to prevent acts of torture in any territory under its jurisdiction. The Committee recalls its

concluding observations on the fourth periodic report of Morocco, in which it expressed

concern about the situation in Western Sahara and allegations of torture, ill-treatment and the

extraction of confessions under torture22 and called on the State Party to take, as a matter of

urgency, substantive steps to prevent all acts of torture and ill-treatment and announce the

introduction of a policy that would produce measurable progress towards the eradication of

all torture and ill-treatment by State officials. In the present case, the Committee notes the

16 Laaroussi v. Morocco (CAT/C/74/D/891/2018), para. 8.2.

17 Laaroussi v. Morocco, para. 8.2; and M.B. v. Morocco (CAT/C/72/D/923/2019), para. 13.2.

18 See Committee against Torture, general comment No. 2 (2007) on the implementation of article 2.

19 CAT/C/51/4, para. 32.

20 Asfari v. Morocco (CAT/C/59/D/606/2014), para. 13.2; Abbahah v. Morocco

(CAT/C/72/D/871/2018), para. 11.2; Bani v. Morocco (CAT/C/75/D/999/2020), para. 7.2; Laaroussi

v. Morocco, para. 8.2; and M.B. v. Morocco, para. 13.2.

21 Ramírez Martínez et al. v. Mexico (CAT/C/55/D/500/2012), para. 17.4; Laaroussi v. Morocco,

para. 8.3; and M.B. v. Morocco, para. 13.3.

22 CAT/C/MAR/CO/4, para. 12. See also CCPR/C/MAR/CO/6, paras. 23 and 24.

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complainant’s allegations concerning the treatment he was subjected to by State officials

while he was in custody, his inability to contact his family, his lack of access to counsel and

his limited access to a doctor. The authorities did not take any steps to investigate the acts of

torture to which the complainant was subjected or, if appropriate, to punish the perpetrators,

despite the visible signs of torture he bore and the complaints he submitted to the

investigating judge and to the Military Court. In the light of the foregoing, the Committee

finds a violation of article 2 (1) of the Convention, read in conjunction with article 1.23

7.7

The Committee then notes that the complainant claims that he is a victim of a violation

of his rights under article 11 of the Convention, in which States Parties are called on to keep

under systematic review arrangements for the custody and treatment of persons subjected to

any form of arrest, detention or imprisonment in any territory under their jurisdiction, with a

view to preventing any cases of torture. In particular, the complainant claims that: (a) despite

his worsening health and his request for medical care, he did not receive appropriate medical

care from a doctor of his choosing; (b) he was subjected to torture and ill-treatment during

his pretrial detention; (c) he was placed in solitary confinement and denied visits from his

family and lawyer; and (d) he did not have access to effective remedies to challenge the

ill-treatment. The Committee recalls its concluding observations on the fourth periodic report

of Morocco, in which it found regrettable the lack of information on the practical application

of basic safeguards such as examination by an independent physician and notification of the

family.24

7.8

In the present case, it notes that the State Party has not submitted information in

respect of the complainant’s conditions of detention after his arrest. While the State Party

acknowledges the various complaints filed by the complainant regarding ill-treatment in

detention, it has not provided any documentary evidence regarding the decisions of the

prosecutor’s office in relation to those complaints. It asserts that the complainant’s family

was notified in a timely manner of his arrest and custody, but provides no documentary

evidence to support that assertion either. The Committee notes that the State Party has

provided general information on the complainant’s conditions of detention and the medical

care he has received without providing relevant explanations to demonstrate that it carried

out the necessary monitoring. In the absence of relevant information to the contrary from the

State Party or documentary evidence that the complainant’s allegations and his conditions of

detention were effectively addressed, the existence of these conditions and of ill-treatment is

sufficient to establish that the State Party failed to fulfil its obligation to keep under

systematic review arrangements for the custody and treatment of persons subjected to any

form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view

to preventing any cases of torture, and that this failure resulted in harm to the complainant.

The Committee therefore finds a violation of article 11 of the Convention.25

7.9

The Committee must also decide whether the failure to open an investigation into the

allegations of torture that the complainant submitted to the judicial authorities constitutes a

violation by the State Party of its obligations under article 12 of the Convention. The

Committee takes note of the complainant’s claims that: (a) he appeared bearing visible signs

of torture before the investigating judge of the Military Court, who did not include these facts

in the record of the proceedings; (b) he then specifically complained about the torture to

which he had been subjected before the investigating judge and the Military Court; and

(c) neither the prosecutor nor the judge initiated an investigation at any point. The State Party

responds that, after the case was referred to a civilian court and allegations of torture were

raised before the Rabat Court of Appeal, the Court ordered a medical assessment to be

conducted, but the complainant refused to submit to it. According to the complainant, the

medical assessment ordered by the Court was not independent and impartial or part of an

investigation into the torture that he had been subjected to, as required, for example, by the

Istanbul Protocol. The Committee reiterates that, although it notes that the State Party

vouches for the impartiality, competence and professionalism of the experts who were

responsible for the medical assessment, it is of the view that the State Party provides no

23 Laaroussi v. Morocco, para. 8.4; M.B. v. Morocco, para. 13.4; and Bani v. Morocco, para. 9.4.

24 CAT/C/MAR/CO/4, para. 7.

25 Bani v. Morocco, para. 7.5; Laaroussi v. Morocco, para. 8.5; and M.B. v. Morocco, para. 13.5.

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relevant evidence that the assessment was performed by independent and impartial doctors,

as required, for example, by the Istanbul Protocol.26

7.10

The Committee notes that the investigating judge of the Military Court did not order

a medical examination, even though the complainant expressly requested one and bore clear

signs of physical abuse, and that there was no investigation in this regard. Furthermore, the

Military Court failed take into account the complainant’s allegations of torture when it

convicted him. The Committee also notes that the State Party has far exceeded the reasonable

length of time for rendering justice in the complainant’s case and that, more than 15 years

after the events and the submission of the first allegations of torture, there has been no

independent and impartial investigation, as required, for example, by the Istanbul Protocol.

The Committee therefore finds that the absence of any investigation into the allegations of

torture in the complainant’s case is incompatible with the State Party’s obligation under

article 12 of the Convention to ensure that the competent authorities proceed to a prompt and

impartial investigation whenever there is reasonable ground to believe that an act of torture

has been committed.27

7.11

In these circumstances, the State Party has also failed to meet its obligation under

article 13 of the Convention to guarantee the complainant’s right to complain, which calls for

the authorities to provide a satisfactory response to a complaint by launching a prompt and

impartial investigation.28 The Committee notes that article 13 requires neither the formal

lodging of a complaint of torture under the procedure laid down in national law nor an express

statement of desire that criminal proceedings be instituted; it is enough for the victim simply

to come forward and bring the facts to the attention of an authority of the State for the latter

to be obliged to consider this step a tacit but unequivocal expression of the victim’s wish to

have an immediate and impartial investigation initiated, as prescribed by this article of the

Convention.29 The Committee concludes that the facts of the case also involve a violation of

article 13 of the Convention.30

7.12

Regarding the complainant’s claims under article 14 of the Convention, the

Committee recalls that this article recognizes the right of victims of torture to fair and

adequate compensation and also requires States Parties to ensure that such victims obtain

redress for all damage suffered. The redress must cover all the damage suffered and should

encompass restitution, compensation and guarantees of non-repetition of the violations,

taking into account the circumstances of the individual case. 31 In the present case, the

Committee notes that the complainant claims that he suffers from physical and psychological

after-effects of the abuse to which he was subjected. The failure of the military investigating

judge to order an investigation into the allegations of torture and the fact that, despite the

State Party’s assertions, the medical assessment ordered by the Court of Appeal was not

performed by independent and impartial doctors, as required, for example, by the Istanbul

Protocol and as part of an investigation into those allegations prevented the complainant from

obtaining rehabilitation, compensation, care and guarantees of non-repetition. The

Committee is therefore of the view that the failure to conduct a thorough, prompt and

impartial investigation denied the complainant any possibility of exercising his right to

redress, in violation of article 14 of the Convention.32

7.13

The complainant also claims to be a victim of a violation of article 15 of the

Convention, as he was convicted on the basis of confessions obtained through torture. He

claims not to have confessed but to have been forced to sign a document without knowing

26 Laaroussi v. Morocco, para. 8.6; Bani v. Morocco, para. 7.6; and M.B. v. Morocco, para. 13.6.

27 Asfari v. Morocco, para. 13.4; Abbahah v. Morocco, para. 11.7; Laaroussi v. Morocco, para. 8.7; Bani

v. Morocco, para. 7.7; and M.B. v. Morocco, para. 13.6.

28 Bendib v. Algeria (CAT/C/51/D/376/2009), para. 6.6.

29 Parot v. Spain (CAT/C/14/D/6/1990), para. 10.4; Blanco Abad v. Spain (CAT/C/20/D/59/1996),

para. 8.6; and Ltaief v. Tunisia (CAT/C/31/D/189/2001), para. 10.6.

30 Abbahah v. Morocco, para. 11.8; Laaroussi v. Morocco, para. 8.8; Bani v. Morocco, para. 7.8; and

M.B. v. Morocco, para. 13.7.

31 Bendib v. Algeria, para. 6.7.

32 Niyonzima v. Burundi (CAT/C/53/D/514/2012), para. 8.6; Asfari v. Morocco, para. 13.6; Abbahah v.

Morocco, para. 11.9; Laaroussi v. Morocco, para. 8.9; Bani v. Morocco, para. 7.9; and M.B. v.

Morocco, para. 13.8.

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what was in it. The Committee recalls that the general nature of the provisions of article 15

derives from the absolute nature of the prohibition of torture and therefore implies an

obligation for any State Party to verify that statements included in proceedings under its

jurisdiction were not obtained through torture.33 In the present case, the Committee notes that,

according to the complainant, he was prosecuted and convicted on the basis of the statements

that he signed as a result of torture and that, at various stages of the proceedings against him,

he contested the probative value of the confession he had signed under torture, to no avail.

The Committee also notes the State Party’s assertion that the complainant’s life sentence was

based on various pieces of evidence, including his confession; it also notes that the appellate

court failed to give due consideration to the allegations of torture when sentencing the

complainant on the basis of his confession. The Committee considers that the State Party had

the obligation to ascertain the veracity of the complainant’s allegations. By failing to fulfil

that obligation other than through the medical assessment ordered by the Court of Appeal,

which was not performed by independent and impartial doctors, as required, for example, by

the Istanbul Protocol, and by using such statements in the judicial proceedings against the

complainant, the State Party violated its obligations under article 15 of the Convention. The

Committee recalls that, in its concluding observations on the fourth periodic report of

Morocco,34 it expressed concern about the fact that, under the State Party’s current system of

investigation, confessions are commonly used as evidence for purposes of prosecution and

conviction, thus creating conditions that may provide more scope for the torture and

ill-treatment of suspects.35

7.14

Lastly, the Committee notes the systemic nature of the series of cases concerning the

events of 8 November 2010 in the Gdeim Izik camp. As its jurisprudence shows, these cases

are characterized by a consistent pattern of allegations of arbitrary arrests, solitary

confinement, acts of torture or ill-treatment during questioning and the subsequent use of

confessions obtained under duress in judicial proceedings. The Committee has already

considered these issues in a series of communications – Asfari v. Morocco, Abbahah v.

Morocco, Laaroussi v. Morocco, Bani v. Morocco, N’Dour v. Morocco and M.B. v. Morocco

– in which it expressed concern about the failure of the authorities to conduct prompt,

impartial and effective investigations into allegations of torture and their ongoing use of

statements obtained under torture as evidence.36 In the present case, the Committee is of the

opinion that the recurrence of these shortcomings indicates not isolated procedural anomalies

but a structural problem in the State Party’s approach to the cases stemming from the

dismantling of the Gdeim Izik camp and a consequent need for the State Party to take urgent

corrective measures to ensure that it fulfils its obligations under the Convention, in addition

to the specific corrective measures listed in paragraph 9.

8.

The Committee, acting under article 22 (7) of the Convention, concludes that the facts

of which it has been apprised constitute a violation by the State Party of articles 2 (1) and 11

to 15 of the Convention, read in conjunction with article 1.

9.

The Committee urges the State Party to: (a) initiate a thorough and impartial

investigation into the incidents in question, as required under articles 12 and 13 of the

Convention and in full conformity with the Istanbul Protocol, as revised, with a view to

bringing those responsible for the complainant’s treatment to justice; (b) grant full reparation,

including fair and adequate compensation, to the complainant and provide him with the

means for as full rehabilitation as possible; (c) consider reviewing, in accordance with

domestic legal procedures, the criminal conviction of the complainant, and, if there has been

a violation of article 15 of the Convention, set aside the conviction; (d) refrain from any form

of pressure, intimidation or reprisals likely to be detrimental to the physical and psychological

health of the complainant, which would otherwise constitute a violation of its obligation

under the Convention to cooperate with the Committee in good faith in the implementation

33 P.E. v. France (CAT/C/29/D/193/2001), para. 6.3; and Ktiti v. Morocco (CAT/C/46/D/419/2010),

para. 8.8.

34 CAT/C/MAR/CO/4, para. 17.

35 Asfari v. Morocco, para. 13.8; Laaroussi v. Morocco, para. 8.10; Bani v. Morocco, para. 7.10; and

M.B. v. Morocco, para. 13.9.

36 See N’Dour v. Morocco (CAT/C/72/D/650/2015); Asfari v. Morocco; Abbahah v. Morocco;

Laaroussi v. Morocco; and Bani v. Morocco, para. 7.11.

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of the provisions of the Convention; and (e) allow the complainant to be visited in prison by

his family, his counsel and a doctor of his choosing and to receive appropriate treatment. The

State Party is also under an obligation to take specific preventive measures to guarantee the

non-repetition of such violations.

10.

In accordance with rule 118 (5) of its rules of procedure, the Committee requests the

State Party to inform it, within 90 days of the date of transmittal of the present decision, of

the steps it has taken to respond to the above observations.