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Morocco

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.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities during the year.

According to the annual report from the UN Working Group on Enforced Disappearances, from May 2018 to May 2019, the country had 153 outstanding cases of forced disappearances between 1956 and 1992, seven fewer than at the beginning of the reporting period. The National Council on Human Rights (CNDH), a publicly funded national human rights institution, reported that as of July, six cases of forced disappearances between 1956 and 1992 remain unresolved. The CNDH continued to cooperate with the UN Office of the High Commissioner for Human Rights (OHCHR) on unresolved cases of disappearance.

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. To combat degrading treatment and punishment in prisons, on March 19, parliament passed a law to fund doctors for training in forensics to identify signs of torture and abuse. As of August 11, the Prison Administration (DGAPR) reported that the Fes Court of Appeals received two cases of torture in 2019. In both cases prisoners alleged they were beaten and insulted in al-Hoceima. The government launched an investigation that concluded both allegations were unfounded. In April the CNDH issued a report confirming security officials had subjected an inmate at the Souk Larbaa Prison in Kenitra Province to torture and degrading treatment. The DGAPR initiated an investigation into the claims that continued at year’s end. During the year there were 20 complaints of torture or degrading treatment filed with the Prosecutor General’s Office. The office closed 15 cases, and one remained under investigation at year’s end.

From January to June, the National Police Force’s (Direction Generale de la Surete Nationale–DGSN) internal mechanism for investigation of torture and degrading treatment investigated four cases involving six police officials. The DGSN reprimanded and imposed administrative sanctions on two officials, and transferred two cases involving the other four officers to the Prosecutor General’s Office. The Prosecutor General’s Office initiated legal proceedings in at least one of the cases.

The CNDH reported it opened investigations into 28 complaints of torture or degrading treatment between January 1 and August 31.

In the event of an accusation of torture, the law requires judges to refer a detainee to a forensic medical expert when the detainee or lawyer requests it or if judges notice suspicious physical marks on a detainee. In some cases judges 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.

Reports of torture have declined over the last several years, although Moroccan government institutions and NGOs continued to receive reports about the mistreatment of individuals in official custody. Reports of mistreatment occurred most frequently in pretrial detention. There were also accusations that security officials subjected Western Sahara proindependence protesters to degrading treatment during or following demonstrations or protests calling for the release of alleged political prisoners.

In March the CNDH released a report on 20 allegations by Hirak protesters that they were tortured during detention; the report determined that these allegations, highlighted in a February 19 report by Amnesty International, were unfounded.

In January the spouse of Abdelqader Belliraj, who was serving a life sentence on terrorism-related charges, told Human Rights Watch (HRW) that Belliraj has been deprived of contact with other inmates since 2016 and was kept in confinement 23 hours a day. HRW called these measures inhumane. According to media reports, the DGAPR disputed the validity of the allegations, stating Belliraj received an hour break each day that allowed for interactions with other inmates and was allowed family visits. Belliraj claimed he was convicted based on confessions obtained under police torture.

According to media, the Marrakech branch of the auxiliary forces suspended two officers after they appeared in a video violently arresting a suspect on May 6.

According to the Conduct in UN Field Missions online portal, there were no allegations submitted from January to August of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping missions. Morocco and the United Nations were jointly investigating three allegations in 2019 of sexual exploitation and abuse by Moroccan peacekeepers deployed to UN peacekeeping missions; one case alleged transactional sex with an adult, and two cases alleged rape of a child. As of September, all three investigations remained underway. In one of the alleged rape cases, identification of the alleged perpetrator was pending.

Prison and Detention Center Conditions

Prison conditions improved during the year but in some cases did not meet international standards.

Physical Conditions: The Moroccan Observatory of Prisons (OMP), an NGO focused on the rights of prisoners, continued to report that some prisons were overcrowded and failed to meet local and international standards. In newer prisons, pretrial detainees and convicted prisoners were held separately, but in older prisons the two groups remained together.

According to government sources and NGOs, prison overcrowding was also due in large part to an underutilized system of bail or provisional release, a severe backlog in cases, and lack of judicial discretion to reduce the length of prison sentences for specific crimes. Government sources stated that administrative requirements also prevented prison authorities from transferring individuals in pretrial detention or the appeals phase to facilities outside the jurisdiction where their trials were to take place.

According to a DGAPR report in May, the prison population dropped by 7 percent as a result of royal pardons and the Prosecutor General’s Office conducting virtual trials. Overcrowded prisons emerged as a key concern during the COVID-19 pandemic. On March 27, approximately 150 human rights associations and activists signed a petition calling for the DGAPR to release “prisoners of conscience,” such as prisoners arrested during the 2016-17 Rif protests, female prisoners with children, and low-risk offenders, as well as those vulnerable to COVID-19 (detainees older than age 60 or ill). The so-called Rif prisoners were arrested for their involvement in a series of protests in the northern Rif region in 2016 and 2017. Found guilty of damaging public property, injuring law enforcement members, and threatening the stability of the state, approximately four were sentenced to up to 20 years in prison in 2018. On April 5, King Mohammed VI pardoned 5,654 detainees and gave orders to take necessary measures to strengthen the protection of detainees in prisons against COVID-19. In July a royal pardon of an additional 6,032 inmates and 105 others on bail included individuals who were vulnerable to the virus.

The law provides for the separation of minor prisoners from adult prisoners. In all prisons, officials classify youth offenders into two categories, both of which are separated from other prisoners: minors 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 three dedicated juvenile “centers for reform and education” but maintained separate, dedicated youth detention areas for minors in all prisons. The government reported that, in cases where a juvenile court judge ruled that detention was necessary, minors younger than 14 were detained separately from minors 15 to 18 years old. In cases where a minor is ordered to be detained, a judge must follow up on a monthly basis.

The DGAPR reported there was no discrimination in access to health services or facilities based on gender for female prisoners, who make up just over 2 percent of the prison population. Some officials reported that female inmates often had a harder time accessing gender-specific health specialists such as OB/GYNs, than a general physician. Local NGOs asserted that prison facilities did not provide adequate access to health care and did not accommodate the needs of prisoners with disabilities. The DGAPR reported that a nurse and a psychologist examined each prisoner on arrival and that prisoners received care upon request. The DGAPR reported conducting extensive COVID-19 tests and medical consultations in prisons.

The DGAPR provided fresh food to inmates at no cost, certified by the Ministry of Health as meeting the nutritional needs of the average adult male. According to the DGAPR, the penitentiary system accommodated the special dietary needs of prisoners suffering from illnesses and of prisoners with religious dietary restrictions.

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. Prisoners Nabil Ahamjik and Nasser Zefzafi went on a hunger strike on February 22 over allegations of abuse and mistreatment in prison. They demanded better prison conditions, adequate medical care, and visitation rights. Both ended their hunger strike on March 17. According to the OMP, however, most hunger strikes were in protest of judiciary processes and sentences rather than detention conditions. 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 asserted that the prison administration reserved harsher treatment for Islamists who challenged the king’s religious authority and for those accused of “questioning the territorial integrity of the country.” The DGAPR denied that any prisoners received differential treatment and asserted that all prisoners received equal treatment in accordance with the law.

Families of detainees from Western Sahara charged that they faced unusually harsh prison conditions. The DGAPR contested this claim and asserted that prisoners in Western Sahara and Sahrawi prisoners in the rest of Morocco received the same treatment as all other prisoners under its authority.

According to the Robert F. Kennedy Human Rights Center, as of May 15, journalist and Sahrawi activist Mohamed al-Bambary was detained with 45 other prisoners in a cell that was 25 feet by 18.5 feet. The journalists and activists were detained because of their involvement in a movement questioning the territorial integrity of Morocco.

Administration: While authorities generally permitted relatives and friends to visit prisoners, there were reports that authorities denied visiting privileges in some instances. The DGAPR assigned each prisoner to a risk classification level, which determined visiting privileges. According to its prisoner classification guide, the DGAPR placed restrictions on the level of visits, recreation, and types of educational programming for higher-risk prisoners. At all classifications, prisoners may receive visits, although the length, frequency, and number of visitors may vary. Most prisons assigned each prisoner a designated “visit day” to manage the number of visits to the prison. The DGAPR authorizes religious observances and services provided by religious leaders for all prisoners, including religious minorities. In an effort to limit the spread of COVID-19 during the pandemic, DGAPR suspended family and lawyer visits but increased phone time privileges for inmates.

The CNDH and the DGAPR investigated allegations of inhumane 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.

Independent Monitoring: The government permitted some NGOs with a human rights mandate to conduct unaccompanied monitoring visits. Government policy also permitted academics, as well as NGOs that provided social, educational, or religious services to prisoners, to enter prison facilities. According to prison officials, academics and various NGOs conducted 79 visits through June. The OMP conducted 53 monitoring visits through June. The CNDH conducted two monitoring visits during the year.

Between January 1 and August 31, the CNDH’s three commissions in the south carried out nine visits to prisons including two visits in Laayoune-Sakia and Smara to focus on the prevention of COVID-19 in prisons. The CNDH observed the DGAPR took a number of steps to prevent the spread of COVID-19 in prisons, including the establishment of a digital platform to provide remote psychological support to prison staff and detainees, limiting the number of family visits and raising awareness through an information campaign among detainees. The Laayoune branch of the CNDH conducted monitoring visits and found the local prison in Dakhla remained overcrowded and insufficiently equipped to provide appropriate living conditions to the detainees. The objectives of the visits were to prevent practices likely to lead directly or indirectly to any form of torture and mistreatment, to verify whether the preventive measures recommended by the public authorities against COVID-19 are in place in compliance with international standards and to engage in a constructive dialogue with the authorities responsible.

Improvements: To alleviate overcrowding and improve overall conditions, the DGAPR reported there were six prisons currently under construction and prison extensions. The DGAPR opened a new prison in Berkane.

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. The UN secretary-general’s report on Western Sahara in September noted the OHCHR received reports of human rights violations perpetrated by government officials against Sahrawis, including arbitrary detention.

In Western Sahara, human rights organizations continued to track alleged abusers who remained in leadership positions or who had been transferred to other positions. International and local human rights organizations claimed that authorities dismissed many complaints of abuse and relied only on police statements. Government officials generally did not provide information on the outcome of complaints. The CNDH and DGAPR provided human rights training for prison officials and members of the security forces in Western Sahara.

On March 12, HRW published a report of police violence against two Western Sahara activists, Walid el-Batal and Yahdhih el-Ghazal in Smara, in June 2019. According to HRW’s report, Moroccan security forces attempted to prohibit the men from attending an event for activist Salah Labsir who was serving a four-year prison sentence on charges for premeditated violence against police and the destruction of public goods. A video of the incident showed a dozen individuals in civilian clothing forcibly dragging two men from their truck and assaulting them with batons. Two Moroccan police vehicles were in the background of the scene, and the batons matched the style of police-issued equipment while one man wore a police helmet, leading HRW to determine the perpetrators were plainclothes police officers. Ghazal informed HRW that “they beat and tortured us there, and then they took us to the police station. They beat us there. And we passed out–I passed out; when I woke up I found myself in the hospital.” Court documents showed that el-Batal and el-Ghazal were taken to a hospital after their arrest. Moroccan authorities claimed the men were brought to the hospital because of injuries they sustained in colliding with police barriers and resisting arrest. The OHCHR requested an investigation into el-Batal’s case, raising concerns over human rights abuses. The public prosecutor opened an investigation, which resulted in the indictment of five police officers for police brutality. The investigation continued at year’s end.

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 all 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. The government continued to require new police officers to receive security and human rights training facilitated in partnership with civil society.

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, a suspect does not have a 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 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 the 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 and timely 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 for 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. During the year no security officials were investigated for arbitrary arrest associated with enforcement of the shelter-in-place protocol due to COVID-19 restrictions. There was no information available 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. Government officials attributed delays to the large backlog of cases in the justice system. The government stated that a variety of factors contributed to this backlog, including 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; the 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 May, approximately 6.5 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 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. While the government’s stated aim in creating the council was to improve judicial independence, its effect on judicial independence was not clear since its inception as an independent entity in late 2017. 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.

On November 4, the Court of Cassation reviewed the appeals to the 2017 verdict against 23 Sahrawi individuals arrested during the 2010 dismantling of the Gdeim Izik Camp. The sentences issued ranged from time served to life imprisonment. The individuals had been previously convicted in a military trial in 2013. A 2015 revision of the Code on Military Justice eliminated military trials for civilians, and in 2016 the Court of Cassation ruled on appeal that the group should receive a new civilian trial. Two were given reduced sentences (from 25 years to 4.5 years and 6.5 years) and were released, joining two others whose 2013 sentences of time served were confirmed by the civilian court. Two other individuals also received reduced sentences (from 30 years to 25 years and from 25 years to 20 years). On November 9, HRW noted concerns that an earlier verdict was reached based on information obtained under torture.

Trial Procedures

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 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 without additional corroborating evidence, government officials stated. 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. HRW and local NGOs charged that judges, at their discretion, sometimes decided cases based on forced confessions. According to the government, in order to move away from a confession-based judicial system, cases based solely on confessions and without any other substantiating evidence are not accepted by the courts.

According to the DGSN, during the year the forensics unit in partnership with international technical experts trained 85 judges and public prosecutors on forensics evidence for prosecutions. 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.

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 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), Amnesty International, and Sahrawi organizations, asserted the government imprisoned persons for political activities or beliefs under the cover of criminal charges.

The HRW annual report highlighted, “authorities continued to selectively target, prosecute, jail and harass critics, and enforce various repressive laws, notably pertaining to individual liberties.”

In December 2019 police in Rabat arrested Ben Boudouh, also known as Moul al-Hanout (grocery store owner), for “offending public officials” and “incitement to hatred.” Boudouh posted a live video on his Facebook page criticizing the king for allowing corruption. On January 7, the court of first instance of Khemisset, sentenced Ben Boudouh to three years in prison for “insulting constitutional institutions and public officials.” Ben Boudouh was in Tiflet Prison at year’s end. Amnesty International claimed the charges against Ben Boudouh were politically motivated.

Security forces arrested Soulaimane Raissouni, journalist and editor in chief of newspaper Akhbar al-Yaoum, in Casablanca on May 22 on an allegation he sexually assaulted a young man. On May 25, an investigating judge charged him with “violent and indecent assault and forced detention” and ordered his detention in Oukacha Prison. The arrest of Soulaimane generated criticism from civil society groups and activists, who asserted the arrests were politically motivated.

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