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
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