Sight to a fair trial 57. With regard to that issue, members of the Committee asked what was the relationship among chapters VI, VII and X of the Constitution and how the independence and impartiality of the judiciary were being ensured; what were the qualifications of judges; and what were the procedures for appointing and removing members of the judiciary. They also wished to receive information concerning the organization and functioning of the Moroccan bar; the availability of legal assistance to criminal defendants; and, with reference to paragraph 64 of the report, on the dispositions relating to "rules of civil law deriving from different religious faiths" contained in dahir No. 1-58-250 of 6 September 1958. 58. In addition, members of the Committee wished to know whether the independence of the judiciary was effectively guaranteed despite the fact that the King, who also held executive and legislative power, presided over the Higher Council for the Magistrature; whether magistrates had been removed or prosecuted for serious infractions; whether the consideration of police reports as accurate unless disproved was in conformity with article 14 of the Covenant; what remedies were available to contest their accuracy; why articles 76 to 81 of the Constitution did not provide guarantees of a regular nature; and what cases were dealt with by the military courts and, specifically, whether military courts or special courts dealt with persons accused of having endangered public order. Members of the Committee also asked what guarantees existed for the defence of the individual in "collective" trials; what the practice was with regard to the preparation of a defence and the availability of legal assistance; what procedures were being used to establish that confessions had not been obtained through the use of force or threats; to what extent the presumption of innocence was applied in court proceedings; whether the handing down of different penalties for comparable offences was a matter of policy and whether a higher organ was in a position to influence decisions by courts with regard to the length of imprisonment; and what was meant by "morality" as a reason for holding court sessions in camera, 59. In reply, the representative stated that chapter VI of the Constitution established the democratic principle of the separation of the judicial, legislative and executive power, the judicial power being an independent and impartial power. Chapter X of the Constitution instituted a constitutional chamber within the Supreme Court responsible for ruling upon any disagreement between the Parliament and the Government concerning the juridical or statutory nature of legal norms. Chapter VII provided for the institution of a High Court with special penal jurisdiction over members of the Government who committed offences in the exercise of their duties. All guarantees for a fair trial had been provided for in the procedures before that special court. 60. Turning to the question of the independence of the judiciary, the representative explained that the judiciary was organized in a single body including both judges and prosecutors. Magistrates were nominated at the recommendation of the Higher Council for the Magistrature from among candidates who had followed a course at the National Institute for Legal Studies and a subsequent internship of 15 months at courts of first and second instance. Since the reform of the administrative tribunals there were two main courses at that Institute, one judicial and the other administrative. Decisions to dismiss magistrates were taken upon the recommendation of the -13-