COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS ON REPORTS OF MOROCCO AND LATVIA

20 November 2003

The Committee against Torture this afternoon issued its conclusions and recommendations on reports by Morocco and Latvia. The reports dealt with national efforts to implement the Convention against Torture, of which the countries are two of the 134 States parties. The Moroccan report was discussed in Committee meetings on 12 and 13 November; and the Latvian report was reviewed at meetings on 13 and 14 November.
Cited among positive developments in the third periodic report of Morocco were the remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic physicians.
The Committee expressed concern, among other things, about the increase in the number of arrests for political reasons in Morocco during the period under consideration, the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment. Among the panel’s recommendations were that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
The Committee said positive developments in the initial report of Latvia included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to fundamental human rights.
Among matters of concern, the Committee noted the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects. The Committee recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill treatment by members of the police and ensure that all allegations of ill treatment were investigated promptly and impartially; and that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders.
The Committee will reconvene at 10 a.m. on Friday, 20 November, to issue its conclusions and recommendations on the reports of Lithuania, Yemen, and Cameroon and to close its session.
Conclusions and Recommendations on Third Periodic Report of Morocco
The Committee noted with satisfaction the appointment of a “mediator”, the Diwan al-Madhalim, responsible for considering cases of human rights violations submitted to him and for forwarding to the competent authorities the requisite proposals and recommendations; the establishment of the Mohamed VI Foundation for the reintegration of prisoners, which was presided over by the King himself; the establishment of the Human Rights Documentation, Information and Training Centre; and the remarkable efforts to develop training and education in the area of human rights, notably the organization by the Human Rights Documentation, Information and Training Centre of training for prison service officials, senior prison medical personnel and forensic physicians.
Concern was expressed, among other things, about the non-existence of a definition and of a classification of torture as an offence, in conformity with those provided for in the Convention; the considerable extension of the time limit for police custody; the non-existence, during the period of police custody, of guarantees of rapid and appropriate access by persons in custody to a lawyer and a doctor, and to a relative; the increase in the number of arrests for political reasons during the period under consideration; and the increase in the number of detainees and prisoners in general, including political prisoners, and the increase in the number of allegations of torture and cruel, inhuman or degrading treatment or punishment.
The Committee recommended, among other things, that Morocco, in the context of the ongoing reform of the Criminal Code, clearly prohibit any act of torture, even if perpetrated in exceptional circumstances or in response to an order received from a superior officer or public authority, as recommended in article 2; that Morocco limit the period of police custody to a strict minimum and guarantee the right of persons in police custody to rapid access to a lawyer, a doctor and a relative; that Morocco ensure that all allegations of torture or cruel, inhuman or degrading treatment were immediately investigated impartially and thoroughly; and that Morocco carry out urgently, if this had not already been done, impartial inquiries into any allegation of death in police custody, detention or prison following acts of torture, and that it keep the families informed.
The Committee also recommended that Morocco provide in its next periodic report: detailed information, and notably statistics, on the practical implementation of its laws and the recommendations of the Committee, particularly concerning the rights of persons in police custody; and information on the measures taken by the authorities to find solutions to the problems of prison overcrowding and allegations of violence between detainees and between prisoners.
Conclusions and Recommendations on the Initial Report of Latvia
Positive developments in Latvia, the Committee said, included the adoption of measures aimed at strengthening human rights, among them, the establishment of the Constitutional Court in 1996 and the inclusion in the Constitution of a Chapter dedicated to Fundamental Human Rights; the establishment of a National Human Rights Office in 1995 which had a mandate to review all cases of human rights violations; the entry in force of the new Asylum Law, the new Immigration Law, the new Criminal Law, the new Criminal Procedure Law and the new Amnesty Law; and the launching of a new project involving non-governmental organizations in monitoring places of deprivation of liberty in Latvia.
The Committee cited among matters of concern the allegations of serious ill treatment of persons, which in some cases could be considered as amounting to torture, by members of the police especially at the time of apprehension of suspects; the long periods that asylum seekers may spend in detention after the rejection of their request of asylum; the overcrowding in prisons and places of detention, taking into account the potential risk for the spread of contagious diseases; allegations that in many cases access to a lawyer was denied or delayed in practice to persons in police custody, and that defendants had to pay back legal aid in cases where their case lost; and the number of persons who lost their legal status as citizens or “non-citizens” and became “illegal” after having temporarily left the country.
It recommended, among other things, that Latvia take all appropriate measures to prevent acts of ill-treatment by members of the police and ensure that all allegations of ill-treatment were investigated promptly and impartially; that Latvia guarantee that detainees in police custody had the right to contact their families, had access to a medical doctor of their choice and to legal counsel; that Latvia introduce legally enforceable time limits for the detention of rejected asylum-seekers who were under expulsion orders; that Latvia continue to take measures to address the overcrowding in prisons and other places of detention; and that Latvia continue to facilitate the integration and naturalization of “non-citizens”.
The Committee also recommended that Latvia provide in the next periodic report detailed statistical data, disaggregated by age, gender and country of origin, on complaints related to torture and other ill treatment, allegedly committed by members of the police forces, as well as related investigations, prosecutions, and penal and disciplinary sentences.