Morocco is a constitutional monarchy with a parliamentary national legislative system under which ultimate authority rests with King Mohammed VI, who presides over the Council of Ministers. The king shares executive authority with Head of Government (prime minister) Saadeddine El Othmani. According to the constitution, the king appoints the head of government from the political party with the most seats in parliament and approves members of the government nominated by the head of government. International and domestic observers judged the 2016 parliamentary elections credible and relatively free from irregularities.
Civilian authorities maintained effective control over security forces.
Human rights issues included allegations of torture by some members of the security forces, although the government condemned the practice and made substantial efforts to investigate and address any reports; allegations that there were political prisoners; undue limits on freedom of expression, including criminalization of libel and certain content that criticized Islam, the monarchy, and the government’s position regarding territorial integrity; limits on freedom of assembly and association; corruption; and criminalization of lesbian, gay, bisexual, transgender, or intersex (LGBTI) conduct.
There were few examples of investigations or prosecutions of human rights abuses by officials, whether in the security services or elsewhere in the government, which contributed to the widespread perception of impunity.
Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings
There were no reports that the government or its agents committed arbitrary or unlawful killings.
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 2017 to May 2018, the UN Working Group referred 20 cases to the government of disappearances between 1956 and 1992. The National Council on Human Rights (CNDH), a publicly funded national human rights institution, continued to cooperate with the UN Office of the High Commissioner for Human Rights (OHCHR) on unresolved cases of disappearance dating to the 1950s through the 1990s. The CNDH continued to investigate individual claims, but since 2009 shifted its overall focus from individual claims to community reparation projects. According to the CNDH, the government allocated additional funds during the year to the CNDH for reparations to individuals (or their living beneficiaries) not previously compensated due to technical errors in the work of the now-defunct Truth and Reconciliation Commission. In addition to direct financial compensation, the government funded professional reinsertion and medical assistance programs as well as recovered stolen assets as reparations to individuals or their living family members that the commission identified. (For information on reparation claims in Western Sahara, see the Department of State’s annual Country Reports on Human Rights for Western Sahara.)
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. In May, during a television program, Human Rights Minister Mustafa Ramid acknowledged that, while the government did not condone torture, some incidents of torture still occurred in the country without government approval. He denied, however, its use was systematic or as prevalent as in the past. The law defines torture and stipulates that all government officials or members of security forces who “make use of violence against others without legitimate motive, or incite others to do the same, during the course of their duties shall be punished in accordance with the seriousness of the violence.”
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 have refused to order a medical assessment when a detainee made an allegation of abuse. The UN Working Group on Arbitrary Detention, human rights nongovernmental organizations (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.
In February 2017 a court of first instance (trial court) in Kenitra ruled to hold in preventative detention a royal gendarme accused of raping a detainee with a baton in the same month. According to the government, the individual remained in preventative detention pending a ruling by the court of appeals in Kenitra.
The National Police Force (DGSN) reported that, between September and December 2017, three police officers were implicated in three cases involving torture allegations and nine were implicated in five cases involving inappropriate use of violence; the outcomes of these cases were unknown. The three cases noted by the DGSN were likely among those included in the Minister of Justice Mohammed Aujjar’s report to parliament in December 2017, which stated that, as of August 2017, 151 individuals reported experiencing torture and were examined by medical personnel and that two officials had since been prosecuted. The outcomes of the cases were unknown at year’s end.
According to the DGSN, from January through August, the police internal mechanism for investigation of possible torture or mistreatment addressed 19 cases, six of which were dismissed due to unfounded allegations. In the remaining 13 cases, 20 officers were reprimanded for their actions through administrative sanctions. Four additional cases were brought before the court alleging 10 police officers were involved in torture and mistreatment. According to the Ministry of Justice, as of November, in accordance with the law against torture, judges made requests for the medical examination of 99 detainees who alleged torture; 77 of the examinations were in progress at year’s end, while the results of the 22 completed examinations were unknown. It was unclear whether the cases reported by the DGSN were included in the Ministry of Justice’s statistics through November. Judicial investigations into the allegations of torture were ongoing at year’s end.
In February parliament unanimously voted to broaden the CNDH’s mandate to include a National Preventative Mechanism (NPM), in line with the requirements of the Optional Protocol to the Convention against Torture. Consultations were underway to staff the NPM at year’s end.
In March the DGSN issued instructions to police-affiliated provisional detention centers, such as local jails, reminding police detention officials that they must respect the law and human rights and refrain from any actions that denigrate or humiliate detainees or face sanctions. The DGSN also revised its curriculum to include additional human rights training.
In April a court of appeals upheld a court of first instance ruling against three prison officials implicated in three cases of torture of detainees after the CNDH referred the cases to the Ministry of Justice in October 2017. The court of appeals, however, altered the court of first instance sentences for each prison official from four months in prison to a four-month suspended sentence and a fine of 500 dirhams ($52). In April the Prison Administration (DGAPR) also distributed guidelines to all prison personnel on preventing torture in custody, as part of a three-month training. The CNDH also organized training in April for members of the Royal Gendarmerie and provided them information on the national and international mechanisms for the prevention of torture.
According to the CNDH, in October the Ministry of Justice launched independent investigations into 2016 and 2017 complaints made by Hirak movement detainees alleging torture or mistreatment by police or prison officials. The CNDH had previously referred 35 individual forensic reports to the ministry from 19 detainees held in the Ain Sebaa prison and 16 in the Al Hoceima prison. According to the Ministry of Justice, after a court in September 2017 ordered investigations into allegations that police from the National Brigade of Judicial Police had abused 32 individuals detained in Al Hoceima, a judge requested medical exams for 22 of the detainees alleging torture. The forensic medical examiner concluded that three of the 22 individuals had been exposed to physical violence. The Ministry of Justice, however, did not take further action on the cases involving the three individuals. According to the ministry, the lawyers representing the three detainees visited the individuals 64 times and did not report allegations of torture.
According to the government, there were two new allegations submitted during the year of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping operations for events that occurred in previous years. Morocco and the UN jointly investigated two other allegations submitted in 2017 against Moroccan peacekeepers and determined the allegations to be unsubstantiated.
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. Since 2008 the DGAPR has built 31 new prisons to international standards. In the new prisons, pretrial detainees and convicted prisoners are held separately. As the DGAPR completed construction of each new prison, it closed older prisons and moved inmates to the new locations; during the year it closed two older prisons and opened four new ones. Older prisons remained overcrowded, however, resulting in authorities frequently holding pretrial detainees and convicted prisoners together. According to government sources and NGOs, prison overcrowding was 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.
In March the DGSN issued instructions to police-affiliated provisional detention centers, such as local jails, calling for adequate furnishing of facilities with mattresses, provision of medical care by police doctors for injured or ill detainees, and an invitation for officers to visit the detention area regularly.
The law provides for the separation of minors. In all prisons, officials classify youth offenders into two categories, both of which are separated from other prisoners: minors under 18 and youthful offenders 18 to 20 years old. According to authorities minors are not held with prisoners older than 20 years. The DGAPR had four 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 that detention was necessary, minors less than 14 years old were detained separately from minors 15 to 18 years old. In cases where a minor is ordered detained, a judge must follow up on a monthly basis.
A 2016 CNDH study noted less access to health facilities and vocational training opportunities for female prisoners, as well as discrimination by prison staff.
Local NGOs asserted that prison facilities did not provide adequate access to health care and did not accommodate the needs of prisoners with disabilities, although government sources stated that a nurse and a psychologist examined each prisoner on arrival and received care upon request. According to the DGAPR, prisoners received five general and one dental consultations with a medical professional per year, in addition to psychological or other specialist care, and that all care was provided free of charge.
The DGAPR provided food to inmates at no cost, certified by the Ministry of Health as meeting the nutritional needs of the average adult male. Prison commissaries stocked fresh fruit and vegetables for purchase. Some Jewish community leaders reported that, since the DGAPR phased out the delivery of family food baskets in November 2017, some Jewish prisoners were unable to access kosher foods. According to the DGAPR, the penitentiary system accommodates the special dietary needs of prisoners suffering from illnesses and of prisoners with religious dietary restrictions. In addition the DGAPR authorizes religious observances and services provided by religious leaders for all prisoners, including religious minorities.
NGOs frequently cited cases where prisoners protested the conditions of their detention with hunger strikes. According to Amnesty International, prisoners launched hunger strikes to protest prison conditions, including poor hygiene and sanitation, inadequate health care, overcrowding, and detention far from their families, as well as limited visiting rights and access to education. The CNDH and the DGAPR regularly addressed requests for transfer based on family proximity, and the DGAPR sometimes granted such requests. At other times the DGAPR informed the detainee that the requested transfer was not possible, often because of overcrowding at the requested location.
Some human rights activists have 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 Prison Act.
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 the DGAPR’s 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 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. The DGAPR reported that it conducted investigations into 367 complaints of mistreatment and six of extortion by prison personnel but that none of the allegations were substantiated. The DGAPR also reported 451 complaints associated with transfer requests, health care, and educational or vocational training.
Independent Monitoring: The government permitted some NGOs with a human rights mandate to conduct unaccompanied monitoring visits. Government policy permitted NGOs that provided social, educational, or religious services to prisoners to enter prison facilities. According to prison officials, various NGOs conducted more than 350 monitoring visits through August and at least 22 of the visits through September were by the OMP. The CNDH conducted an average of 300 monitoring visits per year.
Improvements: To alleviate overcrowding and improve overall conditions, government authorities reported opening four new detention facilities during the year (see section 1.c., Physical Conditions). The government reported increasing the number of vocational and educational training programs it administers in prisons. The Mohammed VI Foundation for the Reinsertion of Prisoners provided educational and professional training in 58 prisons to inmates approaching their release date. As part of a required six-month training program for all of its new officials, the DGAPR trained 430 new recruits on human rights and 710 DGAPR officials on collaboration with outside partners. In September the DGAPR launched a radio station in one prison that offered prisoners and prison staff the opportunity to discuss issues related to prison operations and rehabilitation.
d. Arbitrary Arrest or Detention
The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge in court the lawfulness of his or her arrest or detention. Observers indicated that police did not always respect these provisions or consistently observe due process, particularly during or in the wake of protests. According to local NGOs and associations, police sometimes arrested persons without warrants or while wearing civilian clothing. Individuals have the right to challenge the legal basis or arbitrary nature of their detention and request compensation by submitting a complaint to the court.
ROLE OF THE POLICE AND SECURITY APPARATUS
The security apparatus includes several police and paramilitary organizations with overlapping authority. The National Police (“Direction Generale de la Surete Nationale”–DGSN) manages internal law enforcement in cities and reports to the Ministry of Interior. The Auxiliary Forces also report to the Ministry of Interior and support gendarmes and police. The Royal Gendarmerie, which reports to the Administration of National Defense, is responsible for law enforcement in rural regions and on national highways. The judicial police (investigative) branches of both the Royal Gendarmerie and the National Police reports to the royal prosecutor and have the power to arrest individuals. The Department of Royal Security is a branch of the National Police that provides protection for the king and royal family members. The Directorate General of Territorial Surveillance has intelligence-gathering responsibilities without arrest powers and reports to the Ministry of Interior.
There are mechanisms to investigate and punish abuse and corruption. Nevertheless, in the past international and domestic human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements.
Authorities investigated some low-level incidents of alleged abuse and corruption among security forces. The judicial police investigated allegations, including those against security forces, and advised the court of their findings. Cases at times languished in the investigatory or trial phases.
As of August the government conducted 36 administrative investigations into 14 allegations of corruption, 10 of extortion, five of collusion with drug traffickers, and seven of misappropriation of seized objects. As a result, 26 police officers received disciplinary sanctions, three cases were referred to the courts, and 20 cases were dismissed for unfounded allegations. The government also referred 17 corruption cases that implicated 29 police officers to the national judicial police for criminal investigations. Nine police officers were dismissed from duty for corruption during the year, compared to eight in 2017.
ARREST PROCEDURES AND TREATMENT OF DETAINEES
By law police may arrest an individual after a general prosecutor issues an oral or written warrant. The law permits authorities to deny defendants’ access to counsel or family members during the initial 96 hours of detention under terrorism-related laws or during the initial 24 hours of detention for other charges, with an optional extension of 12 hours with the approval of the Prosecutor’s Office. Authorities did not consistently respect these provisions. Reports of abuse generally referred to these initial detention periods, when police interrogated detainees. According to the government, it trained 1,010 police officers on security and human rights in partnership with civil society. The Royal Gendarmerie also trained 1,660 gendarmes and 2,875 gendarme trainees.
In ordinary criminal cases, the law requires police to notify a detainee’s next of kin of an arrest immediately after the above-mentioned period of incommunicado detention, unless arresting authorities applied for and received an extension from a magistrate. Police did not consistently abide by this provision. Authorities sometimes delayed notifying the family or did not inform lawyers promptly of the date of arrest, and the families and lawyers were not able to monitor compliance with detention limits and treatment of the detainee.
The law states, “in the case of a flagrant offense, the Judicial Police Officer has the right to keep the suspect in detention for 48 hours. If strong and corroborated evidence is raised against this person, [the officer] can keep them in custody for a maximum of three days with the written authorization of the prosecutor.” For common crimes, authorities can extend this 48-hour period twice, for up to six days in detention. Under terrorism-related laws, a prosecutor may renew the initial detention by written authorization for a total detention time of 12 days. According to the Antiterrorism Act, there is no right to a lawyer during this time except for a half-hour monitored visit at the midpoint of the 12-day period. Observers widely perceived the 2015 law on counterterrorism as consistent with international standards.
At the conclusion of the initial detention period in police custody, a detainee must be presented to a prosecutor, who may issue provisional charges and order additional investigation by an investigatory judge in preparation for trial. The investigative judge has four months, plus a possible one-month extension, to interview the individual and determine what charges, if any, to file for trial. An individual may be detained in investigatory detention or at liberty during this phase. At the end of five months (if an extension is granted), the investigative judge must either file charges, decline to file charges and drop the case, or release the individual pending an additional investigation and a determination of whether to file. Authorities generally followed these timelines.
NGO sources stated that some judges were reticent to use alternative sentences permitted under the law, such as provisional release. The law does not require written authorization for release from detention. In some instances judges released defendants on their own recognizance. A bail system exists; the deposit may be in the form of property or a sum of money paid to court as surety to ensure the defendant’s return to future court proceedings. The amount of the deposit is subject to the discretion of the judge, who decides depending on the offense. Bail may be requested at any time before the judgment. According to the law, defendants have the right to attorneys; if a defendant cannot afford private counsel, authorities must provide a court-appointed attorney when the criminal penalty exceeds five years in prison. Authorities did not always provide effective counsel.
Arbitrary Arrest: Security forces often detained groups of individuals, took them to a police station, questioned them for several hours, and released them without charge. Under the penal code, any public official who orders an arbitrary detention may be punished by demotion and, if it is done in a private interest, by imprisonment for 10 years to life. An official who neglects to refer a claimed or observed arbitrary or illegal detention to his superiors may be punished by demotion. There was no available information as to whether these provisions were applied during the year.
Pretrial Detention: Although the government claimed that authorities generally brought accused persons to trial within two months, prosecutors may request as many as five additional two-month extensions of pretrial detention. Pretrial detentions can last as long as one year; in the past there were reports that authorities routinely held detainees beyond the one-year limit. The government reported there were no cases where detainees were held beyond the one-year limit during the year. Government officials attributed these delays to the large backlog of cases in the justice system. The government stated that a variety of factors contributed to this backlog: a lack of resources devoted to the justice system, both human and infrastructure; the lack of plea bargaining as an option for prosecutors, lengthening the amount of time to process cases on average; rare use of mediation and other out-of-court settlement mechanisms allowed by law; and the absence of legal authority for alternative sentencing. The government reported that, as of November, 42 percent of detainees were in pretrial detention awaiting their first trial. In some cases detainees received a sentence shorter than the time they spent in pretrial detention, particularly for misdemeanors.
e. Denial of Fair Public Trial
The constitution provides for an independent judiciary, and, as in previous years, NGOs asserted that corruption and extrajudicial influence weakened judicial independence. The Supreme Judicial Council, mandated by the 2011 constitution, manages the courts and day-to-day judicial affairs in place of the Ministry of Justice. The president of the Court of Cassation (the highest court of appeals) chairs the 20-member body. Additional members include the president of the First Chamber of the Court of Cassation; the prosecutor general (equivalent of the attorney general); the mediator (national ombudsman); the president of the CNDH; 10 members elected by the country’s judges; and five members appointed by the king. In October the Supreme Judicial Council established its internal mechanisms and began the process of taking over day-to-day management and oversight from the Ministry of Justice, although the activities of the Supreme Judicial Council experienced delays due to administrative and legal impediments. While the government stated the aim of creating the council was to improve judicial independence, its effect on judicial independence was not clear. According to media reports and human rights activists, outcomes of trials in which the government had a strong interest, such as those touching on Islam as it related to political life and national security, the legitimacy of the monarchy, and Western Sahara, sometimes appeared predetermined.
The law provides for the right to a fair and public trial with the right of appeal, but this did not always occur. The law presumes that defendants are innocent. Defendants are informed promptly of potential charges after the initial arrest and investigation period. Defendants are then informed of final charges at the conclusion of the full investigatory period, which may last several months. Trials are conducted in Arabic, and foreigners have the right to request interpretation if they do not speak Arabic.
Defendants have the right to be present at their trial and to consult in a timely manner with an attorney. Defendants have the right to refuse to participate in their trial, and a judge may decide to continue the proceedings in the defendant’s absence while providing a detailed summary to the defendant. Authorities often denied lawyers timely access to their clients and, in the some cases, lawyers met their clients only at the first hearing before the judge. Authorities are required to provide attorneys in cases where the potential sentence is greater than five years, if the defendant is unable to afford one. Publicly provided defense attorneys were often poorly paid and neither properly trained in matters pertaining to juveniles nor provided to defendants in a timely fashion. The appointment process for public defenders was lengthy, often resulting in a defendant arriving to trial before a court-appointed attorney was designated. In these cases the judge may ask any attorney present to represent the defendant. This practice often resulted in inadequate representation. Many NGOs provided attorneys for vulnerable individuals (minors, refugees, victims of domestic violence), who frequently did not have the means to pay. Such resources were limited and specific to larger cities. The law permits defense attorneys to question witnesses. Despite the provisions of the law, some judges reportedly denied defense requests to question witnesses or to present mitigating witnesses or evidence.
The law forbids judges from admitting confessions made under duress. NGOs reported that the judicial system often relied on confessions for the prosecution of criminal cases, and authorities pressured investigators to obtain a confession from suspects in order for prosecution to proceed. Human Rights Watch (HRW) and local NGOs charged that judges, at their discretion, sometimes decided cases based on forced confessions.
The courts were moving away from a confession-based system to an evidence-based system. Since 2016 the National Police have had evidence preservation centers throughout the country to secure evidence collected at crime scenes and to ensure compliance with chain of custody procedures. According to the Ministry of Justice, legal clerks manage the evidence preservation centers and coordinate the court’s and the defense’s access to evidence. The Kenitra Royal Police Institute has trained 23,280 police officers in crime scene management and preservation since 2014. Police were working with the courts to demonstrate the utility of evidence preservation rooms as a means to increase judges’ confidence in evidence presented at trials and decrease the pressure on investigators to obtain confessions.
POLITICAL PRISONERS AND DETAINEES
The law does not define or recognize the concept of a political prisoner. The government did not consider any of its prisoners to be political prisoners and stated that it had charged or convicted all individuals in prison under criminal law. Criminal law covers nonviolent advocacy and dissent, such as insulting police in songs or “defaming Morocco’s sacred values” by denouncing the king and regime during a public demonstration. NGOs, including the Moroccan Association for Human Rights (AMDH) and Sahrawi organizations, asserted that the government imprisoned persons for political activities or beliefs under the cover of criminal charges.
Some NGOs alleged that a group of 24 Sahrawis, convicted in 2017 in connection with the deaths of 11 members of Moroccan security forces during the 2010 dismantlement of the Gdeim Izik protest camp and subsequent violence in Laayoune, Western Sahara, were political prisoners. In November 2017 the CNDH published a report on the 2017 trial hearings and determined that the trial met the conditions of a fair trial as provided in the country’s Constitution and Article 14 of the International Covenant on Civil and Political Rights. For more information see the Department of State’s Country Reports on Human Rights for Western Sahara.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Although individuals have access to civil courts for lawsuits relating to human rights violations and have filed lawsuits, such lawsuits were frequently unsuccessful due to the courts’ lack of independence on politically sensitive cases or lack of impartiality stemming from extrajudicial influence and corruption. The Supreme Judicial Council is tasked with ensuring ethical behavior by judicial personnel (see section 4). There are administrative as well as judicial remedies for alleged wrongs. Authorities sometimes failed to respect court orders in a timely manner.
The Institution of the Mediator (national ombudsman) helped to resolve civil matters that did not clear the threshold to merit involvement of the judiciary. Although it faced backlogs, it gradually expanded the scope of its activities and subjected complaints to in-depth investigation. The mediator retransmitted to the CNDH for resolution cases specifically related to allegations of human rights abuses by authorities. The CNDH continued to be a conduit through which citizens expressed complaints regarding human rights abuses and violations.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
While the constitution states an individual’s home is inviolable and that a search may take place only with a search warrant, authorities at times entered homes without judicial authorization, monitored without legal process personal movement and private communications–including email, text messaging, or other digital communications intended to remain private–and employed informers.
Section 4. Corruption and Lack of Transparency in Government
The law provides criminal penalties for corruption by officials, but the government generally did not implement the law effectively. Officials sometimes engaged in corrupt practices with impunity. There were reports of government corruption in the executive, judicial, and legislative branches during the year.
Corruption: Observers generally considered corruption an ongoing problem, with insufficient governmental checks and balances to reduce its occurrence. There were reports of petty government corruption. According to the Ministry of Justice, 134 public officials were charged with corruption during the year; 121 were investigated and 13 convicted for corruption.
Some members of the judicial community were reluctant to implement adopted reforms and procedures to strengthen controls against corruption. In some cases judges received disciplinary sanctions for corruption but were not prosecuted. The Supreme Judicial Council is tasked with ensuring ethical behavior by judicial personnel (see section 1.e.).
In May 2017 the Ministry of Justice announced the arrest of Rabat Court of Appeals judge Rachid Mechkaka on charges of accepting a bribe of 10,000 dirhams ($1,050) to give a favorable decision in a family court appeal case. In July 2017 the court of first instance in Casablanca sentenced Mechkaka to one year’s imprisonment and a fine of 1,000 dirhams ($105). In December 2017 an appeals court upheld the court of first instance’s sentence, and he was imprisoned in Oukacha (Ain Sebaa) prison in Casablanca, pending appeals in the Court of Cassation.
Observers noted widespread corruption among police. The government claimed to investigate corruption and other instances of police malfeasance through an internal mechanism (see section 1.d.). On March 29, the court of appeals in Tangier acquitted a police officer of criminal charges after he was suspended from his duties in October 2017 for forgery of travel documents that allowed an Afghan family to travel to France. In May a police officer at the Tanger Med port was arrested in possession of large quantities of drugs and charged with drug trafficking. The officer was sentenced to three years in prison and a 20,000 dirham ($2,100) fine. According to media reports, on November 3 and 4, the Rabat Court of Appeals found 16 police officers guilty in drug-smuggling cases and sentenced them to prison with sentences ranging from five to 12 years.
According to the government, a number of gendarmes and officers were placed in preventive detention and were facing charges for corruption, abuse of power, breaking professional secrecy, and transporting illegal drugs. In May, five royal gendarmes in Marrakech were dismissed for corruption. The government reported that every gendarme accused of corruption during the year was subject to legal proceedings. The results of these cases were pending court rulings.
The National Authority for Probity, Prevention, and Fighting Corruption (INPPLC) is responsible for combating corruption. In 2015 parliament adopted a constitutionally mandated law providing the INPPLC with the authority to compel government institutions to comply with anticorruption investigations. On December 13, the king appointed Mohamed Bachir Rachdi president of the INPPLC.
In addition to the INPPLC, the Ministry of Justice and the High Audit Institution (government accountability court) had jurisdiction over corruption issues. The institution has authority to conduct investigations. In August the High Audit Institution released a public report flagging the misuse of public funds in some ministries and lack of fairness and transparency in public tenders that required penal prosecution. According to the Ministry of Justice, six investigations were launched and one case was presented before the court as a result of this year’s audit report.
The Ministry of Justice ran a hotline for the public to report instances of corruption. In a presentation to the judiciary in December 2017, Minister of Justice Mohammed Aujjar stated that, between June 25 and September 30 of that year, the corruption hotline had led to 31 cases that resulted in prison time. In February, Head of Government Saadeddine El Othmani confirmed that state officials had been arrested as a result of calls to the hotline regarding corruption and embezzlement.
Financial Disclosure: The law requires judges, ministers, and members of parliament to submit financial disclosure statements to the High Audit Institution, which is responsible for monitoring and verifying disclosure compliance. According to allegations from government transparency groups, however, many officials did not file disclosures. There are no effective criminal or administrative sanctions for noncompliance.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A variety of domestic and international human rights groups investigated and published findings on human rights cases; however, the government’s responsiveness to, cooperation with, and restrictions on domestic and international human rights organizations varied, depending on its evaluation of the political orientation of the organization and the sensitivity of the issues.
The government did not approve AMDH appeals during the year to register 44 of its 96 branches. The organization has regularly faced difficulties renewing the registration of its offices.
During the year activists and NGOs reported continuing restrictions on their activities in the country. Many activists alleged that the government restricted their use of public spaces and conference rooms as well as informed the proprietors of private spaces that certain activities should not be welcomed. According to the government, its actions were in accordance with the law. Registered organizations are authorized to meet within their established headquarters, but any meetings outside that space, including privately owned establishments, are considered to be in public spaces and require authorization from the Ministry of Interior. Organizations stated that government officials told them their events were canceled for failing to follow required procedures for public meetings, although the organizations claimed to have submitted the necessary paperwork or believed the law did not require it.
Some unrecognized NGOs that did not cooperate officially with the government still shared information informally with both the government and government-affiliated organizations.
The United Nations or Other International Bodies: The government cooperated with the UN and permitted requested visits.
Government Human Rights Bodies: The CNDH is a national human rights institution established by the constitution that operates independently from the elected government. It is publicly funded and operates in conformity with the Principles of Paris according to the Global Alliance of National Human Rights Institutions, which recognized it in 2015 as a “class A national human rights institution” within the UN framework. It served as the principal advisory body to the king and government on human rights. The council filled the role of a national human rights monitoring mechanism for preventing torture. The CNDH oversees the National Human Rights Training Institute, which collaborated with international organizations to provide training to civil society, media, law enforcement, medical personnel, educators, and legal practitioners.
The Institution of the Mediator acted as a general ombudsman. It considered allegations of governmental injustices and had the power to carry out inquiries and investigations, propose disciplinary action, or refer cases to the public prosecutor.
The mission of the Interministerial Delegation for Human Rights (DIDH), which reports to the minister of state in charge of human rights, is to promote the protection of human rights across all ministries, serve as a government interlocutor with domestic and international NGOs, and interact with relevant UN bodies regarding international human rights obligations. DIDH has the primary responsibility for coordinating government responses to UN bodies on adherence to treaty obligations.