and recommendations of the Advisory Council on Human Sights, a bill had also
been adopted to amend the Code of Penal Procedure, reducing the length of
police custody and pretrial detention. Other recommendations of the Council
were expected to lead to improved monitoring of pretrial detention, an
increase in judicial police staff, improved living conditions in detention
centres, priority handling of cases of pretrial detention, observance of timelimits for the handling of cases submitted to the Special Court of Justice,
and post-mortem examinations in cases of death in custody. The representative
also mentioned that the teaching of humanitarian law and human rights had been
extended to military ana police academies as well as to the National Institute
for Judicial Studies and that during 1991 a number of prisoners had been
released.
Liberty and security of the person
50. Members of the Committee wished to know what remedies were available to
persons or their relatives who believed that they had been detained wrongly,
and whether those remedies were effective; how guickly after arrest a person's
family was informed; what was the maximum legal period of detention without
trial, and whether there was any provision for a regular review by a court of
such detention; and whether the examination of the draft reform of the
Moroccan Criminal Code, mentioned in paragraph 53 of the report, had been
completed and, if so, with what results.
51. In addition, members of the Committee wished to know whether the Oufkir
family was still being detained and, if so, what legal conditions governed
their detention; whether there were currently or had been in the recent past
secret detention centres; whether there were currently any political detainees
and, if so, how many; what conditions prevailed in places of detention,
particularly Tazmamart prison, and whether any prisoners had been released
from that prison; what had happened to the 61 military officers sentenced on
29 March 1972 in the Skirat trial and on 7 November 1972 in the Kenitra trial;
how an abuse of authority was differentiated from a mere error in proceedings;
whether extensions of the length of detention were monitored; and what
percentage of persons arrested were being subjected to extended detention,
where such persons were being held, and why they had not been released.
52. Members also wished to know whether the new bill limiting the duration of
pretrial detention had come into effect and, if not, what was the reason for
the delay; what provisions were contained in that bill with respect to timelimits on detention, preventive detention, access to lawyers and the guestion
of the acceptance of police statements as evidence; how preventive detention
was defined and what were the applicable procedures; whether proceedings had
been instituted against the police in cases of arbitrary detention and, if so,
what disciplinary measures had been applied; whether there was any procedure,
similar to habeas corpus or arnparo, which would permit a detainee to test the
legality of his detention, particularly in the case of prolonged imprisonment;
whether the practice of linking the duration of remand in custody to the
penalty for the relevant offence was compatible with the principle of the
presumption of innocence; whether persons could be imprisoned for failure to
pay a debt; whether the reported practice of detaining innocent relatives of
persons suspected of crimes was still being resorted to; and whether political
prisoners of Western Saharan origin had disappeared or died in custody and, if
so, whether any such cases had been investigated.
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