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Viewing cable 09RABAT654, MOROCCAN NGOS LEAD THE WAY IN FIGHTING TORTURE

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Reference ID Created Released Classification Origin
09RABAT654 2009-07-28 11:46 2011-08-24 16:30 UNCLASSIFIED Embassy Rabat
VZCZCXYZ0000
PP RUEHWEB

DE RUEHRB #0654/01 2091146
ZNR UUUUU ZZH
P 281146Z JUL 09
FM AMEMBASSY RABAT
TO RUEHC/SECSTATE WASHDC PRIORITY 0511
INFO RUCNMGH/MAGHREB COLLECTIVE
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