Morocco and Western Sahara
Capital city — Rabat
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Overcrowding is an issue for specific types of prison facilities
yes
Local Prisons are particularly overpopulated, particularly those in the Rabat-Salé-Kenitra and Casablanca-Settat regions.
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The occupation rate reached 205 % in Al Arjat 1 and 172 % in Kenitra and Souk Larbaa. Frequent use of pre-trial imprisonment and the absence of alternative sentences are two main reasons for the overpopulation. The occupation rate of central prisons is 173 % in Moul El Bergui and 96 % in Kenitra.
All inmates are admitted to prison with a valid commitment order
The 1999 penitentiary law provides for it in article 15.
The 2011 Moroccan Constitution defines arbitrary or secrete detentions such as “extremely serious crimes” in article 23.
However, such cases are suspended. In particular, for individuals pursued for acts of terrorism or menaces against national security. They are generally arrested without this being mentioned. They are detained in private areas and are sometimes interrogated under torture.
Arbitrary detention could result from surpassing the maximum duration of pre-trial imprisonment (one year). Such irregularities have been recorded. 1
In 2014, the International Federation for Human Rights (FIDH) statedthe lack of assistance against arbitrary imprisonment.
United Nations Council for Human Rights, “Working Group Report on Arbitrary Detention- Morocco Mission”, 2014, p. 8. ↩
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The United Nation’s working group for arbitrary detention reported in 2014 that they are “detained for weeks without being presented to a judge and without judicial supervision” The group clarifies: “their families are not informed about their imprisonment until they are transferred to police premises to sign confessions. “In a number of cases, victims are driven to a police office, where an initial investigation, dated the day of the transfer to the office to avoid passing the deadline of police custody, is open.”
Mothers are allowed to keep their children with them
yes, until the age of three
The relevant judicial authority must grant special authorisation. This limit can be extended up to the age of five, at the mother’s request, and subject to authorisation by the Ministry of Justice (Penitentiary law, article 139).
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In December 2018, the prison service recorded 103 children accompanied by their mothers in prison.
Childbirth takes place in
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external care facilities
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the prison facilities
Childbirth takes place in the infirmary in some facilities or in public hospitals. According to the law, female prisoners are granted special permission to leave when they are “about to give birth” (Penitentiary law, article 139).
The facility head or the officer responsible for social welfare notifies the civil registry service of all births that take place within facilities.
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There were 56 births in 2018.
The legislation provides for a sentence adjustment for pregnant women or women with young children
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There were 55 pregnant female prisoners in December 2018.
Individual acts of protest are recorded
yes, hunger strikes
All hunger strikes must be reported to the director of the prison service, to the prisoner’s family and in the cases of untried prisoners, to the judicial authority (Penitentiary law, article 131).
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The prison service reported 1 573 hunger strikes in 2018. The motivation for most of these strikes (65.7%) is the prisoners’ legal status. Strikes motivated by prison conditions make up 28.7% of the total.
All allegations and suspicions of ill-treatment inflicted on prisoners are logged
Some allegations of ill-treatment are recorded when grievances are addressed to prison administration management or human rights associations.
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In 2015, Amnesty International noted the indifference of magistrates when facing allegations of torture and ill-treatment, even when the prisoners present with apparent signs of violence. The association notes that the magistrates do not honour their obligation to investigate and order an independent medical-legal exam at any hint of abuse. The rare exams led do not conform with international standards.
Prisoners are allowed to pass diplomas and entry examinations
Prisoners can take the same exams in prison as they could outside. Exams take place in the prison education centre.
They are supervised and organised by teachers from the national education sector.
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The prison administration reports that 133 prisoners obtained a university degree in 2018:
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50 General Academic Studies Degrees (DEUG)
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82 bachelor’s degrees
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1 master’s degree
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The prison service offers activities to prisoners
yes
Access to activities depends on the category of the prisoner. (See Organisation Section)
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Associations working in the prison system organise one fifth of activities. The types of activities organised in 2018 were divided as follows:
- religious: 57%
- cultural: 13%
- sporting: 9%
- artistic: 9%
- medical awareness: 8%
- social: 4%
The law establishes a minimum standard for living space per prisoner
no
However, the framework for Moroccan prisons (Référentiel pénitentiaire marocain) recommends a minimum of 5.4m2 per person in an individual cell. It must be 3.4m2 in a dormitory (rule 31). Rule 45 states that where there is overcrowding “the minimum floor area for a living space must not be less than 2m2 per person”.
Moroccan prison facilities are mostly overpopulated and do not abide by the framework.
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In 2018, the average area per prisoner was 1.89m2.
The prison service keeps a record of prisoners with disabilities
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In 2018, the prison service reported 239 prisoners with disabilities (18 of whom were untried prisoners).
Every prison facility has a health care unit
Each prison has one infirmary (Penitentiary law, article 125).
The infirmary is provided with the same equipment as a public clinic. It allows access to general care and treatments, and ensures the isolation of contagious diseases.
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Medical staff provided 89% of medical care in prisons in 2018.
Prisoners have access to a legal aid centre
in most cases
Organisations like the Moroccan Observatory of Prisons (OMP) or the National Human Rights Council (CNDH) guide prisoners in certain prisons.
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In 2018, the OMP gave judiciary assistance to 304 imprisoned people.
Sentence adjustments can be granted during the incarceration
The conditions to claim conditional parole are 1:
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to be sentenced for a crime and have served at least half of the sentence or;
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to have committed a crime or infraction with a punishment of a sentence of at least five years and have served two thirds of the sentence.
The prisoner of their family formulate the conditional parole request. These requests are addressed, at least, once per year to the Commission for Conditional Parole. The decision is made by order of the Ministry of Justice, after instruction from the Commission. Advice from the prison head and providence governor of the prisoner are notably taken into account.2
“Reform and Conditional Parole Propositions in Moroccan Law”, A. El Idrissi in Revue de science criminelle et de droit pénal comparé 2015/1 (N° 1), pp. 235-241. ↩
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The number of demands in 2018 is 657. Conditional parole has been agreed in 12 cases.