E/CN.4/2004/76/Add.3
page 21
7
From two to five years’ imprisonment.
8
From 10 to 20 years’ imprisonment; from 15 to 20 years in the event of bodily injury to a
migrant thus transported: life imprisonment in the event of death.
9
Chapters III and IV of the Act, respectively, regulate the escort of foreign nationals to the
border and their expulsion from Morocco. In both cases, provision is made for an appeal,
within 48 hours of notification, to the president of the administrative court, as the judge
responsible for interim measures, and for a remedy of appeal to the Supreme Court within
one month of the date of notification. In that context, the Act also allows the foreigner to request
the help of an interpreter and of counsel of his or her choice or a court-appointed counsel, and
sight of his or her case file.
10
Any foreigner placed in custody must immediately be informed of his or her rights.
Twenty-four hours after issuance of the custody order, application is made to the president of the
lower court for an order concerning the surveillance and supervision measures required for the
individual’s departure.
11
Custody measures may apply in the first instance for 24 hours; by order of the lower court,
custody may be renewed for 144 hours. In cases explicitly provided for by the law, this period
may subsequently be extended by a maximum of 72 hours.
12
Euro-Mediterranean Agreement establishing an association between the European
Communities and their member States, of the one part, and the Kingdom of Morocco, of the
other part, signed on 26 February1996.
13
The MEDA programme provides the financial support needed to achieve the aims of the
association agreements and the Barcelona process.
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