MOROCCAN NGOS LEAD THE WAY IN FIGHTING TORTURE

UNCLAS RABAT 000654 SIPDIS STATE FOR DRL/MLGA KRISTEN MCGEENY AND NEA/MAG E.O. 12958: N/A TAGS: PHUM UN MO SUBJECT: MOROCCAN NGOS LEAD THE WAY IN FIGHTING TORTURE REF: STATE 070129 ¶1. (SBU) SUMMARY: In recent years, Morocco has been actively addressing past human rights abuses, including torture, with the goal of preventing future violence and restoring dignity to victims. Human rights NGOs have led the endeavor, recently creating a new group specifically to coordinate their efforts in the realm of torture, to monitor the country for torture practices, and to assist and rehabilitate victims. The Consultative Council for Human Rights (CCDH),a quasi-governmental body, serves as the official clearing house for complaints, though it has little power. The CCDH, along with NGOs, is lobbying for the ratification of the Optional Protocol on the UN Convention against Torture and encouraging government agencies to comply. The Government of Morocco (GOM) recently hosted the UN Working Group on Enforced or Involuntary Disappearances (WGEID) which praised the &Instance Equite et Reconciliation's8 (IER's) conciliatory approach, but encouraged the GOM to implement the remaining IER recommendations soon. 2006 anti-torture reforms requiring investigation into allegations of torture in police custody have not been applied consistently. End Summary. -------------- NGOS UNITED AGAINST TORTURE -------------- ¶2. (SBU) While there is a lack of energetic GOM activity in the realm of torture prevention, Moroccan NGOs are actively involved. To mark the International Day of Support for Victims of Torture on June 25, 11 NGOs, including Association Adala, announced the creation of the new Moroccan Committee against Torture that will coordinate all torture-related NGO actions in the country. A twelfth NGO, the Observatoire Marocaine des Droits de l'Homme (OMDH),plans to join the committee but has not yet reached an agreement on methods of cooperation. Up to this point, no NGO had specifically dealt with torture but only with human rights in a broader sense. ¶3. (SBU) The Committee plans to be active by December 2009, using a definition of torture that conforms to the UN Convention. It will actively encourage the GOM to ratify the Optional Protocol to the UN Convention against Torture and to submit to the jurisdiction of the International Criminal Court. The Committee also plans to work for the closing of the Temara detention center, believed to be a torture location, as well as a legal ban on kidnappings and incommunicado detention. Recognizing detained persons are already legally protected from torture, the Committee will advocate for more consistent application of those provisions. It will also collect information on torture cases and publish annual reports. As part of the process, the Committee will identify victims and offer psychological and judicial counseling. ¶4. (SBU) Association Adala member and prominent attorney Abdelaziz Nouyidi underlined the importance of implementing IER recommendations and enforcing provisions criminalizing torture. He also strongly suggested that the U.S. send a message clarifying that torture in the name of fighting terrorism is not an acceptable or justifiable policy. He reiterated that Morocco should be encouraged to ratify the Optional Protocol, but specified that the independent national observers should be outside the Consultative Council for Human Rights (CCDH). The CCDH watches for current abuses, though it is largely powerless to prevent or correct them other than reprimanding the guilty ministry and encouraging the ministry to make amends of its own accord. Nouyidi did not believe the CCDH has the independence necessary to enact change, noting that "the CCDH just defends government and palace policy." -------------- WORKING TOWARDS INTERNATIONAL STANDARDS -------------- ¶5. (SBU) In February, the CCDH hosted a seminar to inform relevant ministries of the conditions of the Optional Protocol and arrange for compliance, specifically with regards to prison visits by independent observers. The Penal and Rehabilitation Administration has also organized training seminars for prison officials, prosecutors and police to raise awareness of unacceptable practices. Morocco plans to ratify the Optional Protocol once the GOM can assure prevention of torture across all elements of society. ¶6. (SBU) The UN Working Group on Enforced or Involuntary Disappearances (WGEID) recently held meetings in Morocco, the most significant visit by a UN human rights group. The WGEID meeting was its first in an Arab or African nation, and resulted in praise for the GOM's attention to addressing past abuses. The WGEID, though, also encouraged the GOM to remove alleged perpetrators from duties rather than simply moving them to new posts. In a number of instances, particularly in the areas of Western Sahara under Moroccan administration, transfers of well known abusers to new posts and the installation of new officials have led to a dramatic diminution of abuse, which NGOs working in the area have confirmed. Only rarely have there been reported abuses after transfer. ¶7. (SBU) The GOM was a drafter of the International Convention on the Protection of All Persons from Enforced Disappearance, presented at the UN General Assembly in 2006. In the same year, Morocco passed its own anti-torture legislation criminalizing abuse of prisoners and requiring investigation of abuse for any prisoner who presents with injuries. This requirement, however, is frequently ignored according to human rights NGOs. -------------- RECOMMENDATIONS FOR USG SUPPORT -------------- ¶8. (SBU) The GOM's willingness to host anti-torture seminars and groups, its planning for ratification of the Optional Protocol, and its preparations for the entrance into force of the Convention against Torture, present areas for cooperation. The USG should commend the GOM for its progress in addressing past abuse and strengthening legislation against torture, but should encourage wholehearted implementation of laws and IER recommendations. ¶9. (SBU) The USG should also encourage Morocco to expand anti-torture training programs for all officials, and provide material support if necessary. One locus for such training could be the Royal Institute for Territorial Administration (IRAT) which trains future governors and offers a human rights component in its curriculum. The USG should especially support the CCDH in its initiatives, including its community reparations projects. The USG should also continue to encourage the activism of Moroccan NGOs, especially the soon to be created Moroccan Committee against Torture. ***************************************** Visit Embassy Rabat's Classified Website; http://www.intelink.sgov.gov/wiki/Portal:Moro cco ***************************************** Jackson