Higher Council for the Magistrature, which was an independent organ composed of the Minister of Justice, the First President of the Supreme Court, the Attorney-General, the President of the first chamber of the Supreme Court and four representatives elected from among the magistrates. The Council was presided over by His Majesty the King in person. Attempts to undermine the independence of the judiciary were subject to legal sanctions. 61. Lawyers performed their functions within the framework of bar associations that were linked to courts of first instance and which possessed legal personality. Disciplinary measures were taken by a disciplinary council. Conditions of access to the profession of lawyer included a law degree from a Moroccan or recognized foreign law faculty. Candidates were required to undergo a three-year period of training followed by a professional examination. A system of judicial assistance was provided to persons without means. Current legislation provided that all persons arrested and detained on Moroccan soil had the right to be assisted by a lawyer of their choice or by a lawyer appointed by the court. No distinction was made before the law in respect of religion except with regard to matters of personal status and succession. The application of the principle of the presumption of innocence was guaranteed by article 10 of the Constitution, which provided that no one could be arrested, detained or punished except as provided by law. 62. Responding to other questions, the representative confirmed that, in conformity with provisions of the Code of Penal Procedure, police reports were considered to reflect the truth unless proven otherwise. Morocco had chosen the inquisitorial procedure, meaning that the burden of proof rested with the accused. The military courts were special courts that dealt with matters involving State security or possession of weapons and applied provisions of the Penal Code and the Code of Penal Procedure in common law. The King normally presided over the Higher Council for the Magistrature only during its opening sessions. The Minister of Justice, Vice-Chairman of the Council, did not intervene in decisions with regard to promotion or disciplinary measures. Confessions alone were not sufficient as evidence but needed to be supported by other evidence. Courts met in closed session when public order was endangered or in connection with morality, such as in cases involving children or the intimacy of the family. Freedom of movement and expulsion of aliens 63. Concerning that issue, members of the Committee wished to know what the procedures leading to expulsion were and whether an appeal against an expulsion order would have suspensive effect; what the reasons were for which a person could be expelled and whether they included political opinion; whether expulsion decisions taken by the General Directorate for National Security were final; what possibilities of appeal existed against decisions taken by tribunals; what procedures had been applied in expelling Abraham Serfati on 13 September 1991; what were the reasons for the expulsion of several hundred persons from their residence by the local authorities of Casablanca; what rules and procedures applied for obtaining a passport; what was the justification for applying strict controls on foreigners, especially Spanish-speaking aliens in Western Sahara; and whether the Oufkir family had obtained passports. 64. In reply, the representative stated that aliens who had entered Moroccan -14-

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