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.

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NGOS UNITED AGAINST TORTURE
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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."

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WORKING TOWARDS INTERNATIONAL STANDARDS
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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.

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RECOMMENDATIONS FOR USG SUPPORT
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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.


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Jackson