53. In his reply, the representative stated that detentions without trial were strictly regulated by the Code of Criminal Procedure and other pretrial rules. In cases of detention following a sentence or judicial decision subsequently found to have been erroneous, compensation was normally granted. Action for compensation could only be taken under article 70 of the Code of Obligations and Contracts. A remedy was available against any official who had committed an act of deliberate abuse. Under Act Ho. 6790, which was in the process of promulgation, the judicial police had to inform the family of an arrest without delay and to submit a daily list of persons in custody to the public prosecutor's office or to the Court of Appeal. In all cases, the attorney of the court of first instance and the judicial authorities responsible for monitoring custody had to inform the family if the judicial police had not done so. Any extension of a period of custody had to be requested in due form from a prosecutor's office and carried out by order of an examining magistrate; that order was open to appeal. The defence lawyer had the right to attend the interrogation before the prosecutor and the accused person had the right to request a medical examination. 54. Replying to further questions, the representative stated that Mrs. Oufkir and her children had been freed and that no administrative measures had been taken to restrict her freedom of movement. The question of the army officers in detention was in the process of settlement. The distinction between abuse and error rested on the question of intent. The Moroccan Criminal Code, the Code of Criminal Procedure and the Code of Obligations and Contracts contained provisions relative to compensation and redress. 55. The duration of police custody was in principle 24 hours, extendable to a maximum of 48 hours. In cases involving the security of the State the police might hold a person in custody for 95 hours; that period was extendable only a single time. The period of remand in custody was two months, which could be extended five times to an overall maximum detention in custody of one year. Law Ho. 6790 provided that in the case of minor offences police statements would be conclusive, but that in the case of criminal offences police statements would form only part of the body of evidence in court proceedings. No secret detention centres existed under the jurisdiction of the Ministry of Justice: Derb Moulay Cherif was a police station in Casablanca and the Villa Mokris was currently the headquarters of the Moroccan Eed Crescent in Rabat. Morocco did not recognize political offences; when criminal offences were committed, whether or not they were politically motivated, their perpetrators were charged under the ordinary law. Imprisonment for debt could occur only after a series of other measures had been taken, such as a seizure of assets in the case of debt to the State. The principle of the presumption of innocence was fully respected in Morocco. 56. Morocco followed the European procedures relating to the availability of remedies and also provided various guarantees which did not exist in the penal procedures of a number of other States. The authorities had been informed of a number of requests for files on persons from Western Sahara who had disappeared and were examining all those cases with the greatest care. A number of disappearances dated back to a period when Morocco did not administer Western Sahara, There were also problems with regard to identification, names and spelling, since the nomadic people in question were often only identified by tribe. -12-

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