Ladies and Gentlemen:
Allah has greatly elevated the status of human beings and said in His holy book: “Indeed, We have dignified the children of Adam, carried them on land and sea, granted them good and lawful provisions, and privileged them far above many of Our creatures”, and to bolster this lofty status, Allah has granted human beings rights and has forbidden their violation by virtue of most divine laws that uphold these rights, assert them, enforce strict rules to maintain them, and punish those who infringe upon their sanctity.
The rights and liberties of individuals and the prevention of their torture have gained widespread international attention after World War II, particularly from the United Nation and its specialized agencies. They included these rights and liberties in their fundamental mission and have issued several covenants and instruments that impose on all countries of the world to adhere to and implement them, namely those aimed at protecting human beings from torture and other cruel, inhuman, or degrading treatments.
Therefore, opposing and criminalizing the atrocity of the crime of torture, in all its forms, has become an obligation imposed by the binding rules of international humanitarian law before it being an obligation under a convention or charter.
Under the sound leadership of His Majesty King Mohammed VI, may God assist him, our country has always been quick to engage in international efforts to preserve human sanctity and dignity, and has interacted dynamically with the international human rights system through the ratification of major international treaties related to human rights. Morocco has also been regular in submitting reports to monitoring committees established under these treaties, namely those regarding torture prevention, in addition to its constant interaction with the recommendations issued by the said treaties. At the national level, our kingdom was also keen to elevate the prevention of torture and render it a firm constitutional provision, prohibiting the exercise of torture in all its forms. In fact, the Constitution of 2011 has acted as a real charter of fundamental rights and freedoms that complies with the universal reference in all its manifestations.
The organization of an international seminar on “Standards and Practices for the Prevention of Torture and Other Cruel, Inhuman, or Degrading Treatments or Punishment During Arrest, Hearing, and Police Custody” is a consecration of these efforts and a tangible expression of the permanent quest our country’s institutions pursue and the continuous aspiration they have towards preserving the glory of the Moroccan Kingdom, a nation of dignity, freedom, citizenship, responsibility, and unity; a glory that has earned our nation its special status that befits its long history.
On this occasion, I am pleased to take part in the activities of this seminar which will breathe new life into the meaningful and fruitful cooperation between the Directorate General of National Security (DGSN) and the rest of the actors in the field of human rights protection as recognized in covenants, protocols, customs, and national and international practices. I would also like to seize the opportunity to express to the Director General of the Directorate General of National Security (DGSN) my deepest gratitude for the kind invitation and my firm recognition of the role the judicial police plays in respecting the rights of individuals, whether during an investigation, arrest, detention, or the manner in which its treats detainees, which complies with the requirements of the nobility of the occupation, twinge of the professional conscience, and dedication to serving the citizen and the country.
Ladies and Gentlemen;
Our country’s institutions, to which the Constitution has entrusted the task of promoting rights and defending freedoms, spearheaded by the National Council for Human Rights, have never ceased to plead for the preservation of citizens’ dignity. Tremendous efforts in this field have resulted in the creation of a national mechanism for the prevention of torture by virtue of Law No. 76.15 on the reorganization of the National Council for Human Rights.
The legal framework for combating torture was also strengthened by the issuance of Law No. 77.17 related to regulating the practice of forensic medicine tasks during the year 2020, as it is one of the professions that assist the judiciary, and contribute to the completion of investigations, research, and examinations through the adoption of compelling scientific evidence and the means modern technologies provide in this area.
Certainly, this important seminar, which comes after the conclusion of a joint cooperation agreement between the Directorate General of National Security (DGSN) and the National Council for Human Rights (CNDH), reflects their distinguished scientific and human rights initiative and their openness to their national and international surrounding. This initiative must be met with praise, pride, and commendation for the accomplishments achieved with the participation of the Directorate General of National Security (DGSN) over the past few years in the reform process our country undertakes to promote and support human rights, through constituting modern and highly qualified police and citizen police dedicated to serving citizens, open to human rights actors, supportive of all practices which prevent torture and other cruel treatments, and eager to strengthen the legal guarantees provided for individuals under judicial inquiries.
This seminar is also an occasion to take stock of the major achievements scored by our country’s criminal justice system in the field of torture prevention, and an opportunity to raise awareness of the extent of the challenges this system faces in its tireless quest to ensure a balance between the requirements of maintaining public security and order, as well as the respect for and preservation of human rights.
Ladies and Gentlemen;
Given that the implementation of human rights mechanisms in the field of torture prevention requires acquaintance with its techniques, the Supreme Council of the Judicial Power has, as a part of its constitutional functions, worked towards enhancing judges’ capabilities in this field, while making sure to improve their performance and hone their skills. This is achieved by dint of the firm conviction of the importance of training and the continuous training of judges, with whom the Constitution has entrusted the responsibility of protecting the rights of individuals, their freedoms, and their judicial security, and applying the guarantees of a fair trial. Moreover, the activities aimed at judges in the field of training and awareness-raising have been commended by the Committee against Torture on numerous occasions.
Furthermore, within the framework of judicial interaction with our country’s obligations regarding human rights and the prevention of torture, the judicial power has accumulated various good judicial practices across the Kingdom’s courts when dealing with cases related to the consecration of essential constitutional principles, namely the respect for the conditions of a fair trial, along with supervision work carried out by public prosecutors in the form of weekly visits to the police and gendarmerie stations in order to ensure the lawfulness of conditions of arrests, examining the means presented before the public prosecutor's office, visiting penitentiary centers so as to follow the conditions of the incarcerated, which the CSPJ ensures their regularity and urges judges to submit periodic reports in this respect. In addition to the supervision carried out by the Court of Cassation over extradition requests submitted within the framework of international judicial cooperation.
Ladies and Gentlemen,
The CSPJ reaffirms its full involvement in the efforts made to promote the legal and judicial system of our country in the field of torture prevention as well as to ensure that each citizen and resident, who lives in the Kingdom’s territory from Tangier to Lagouira, shall enjoy all guarantees and rights to which they are entitled under international conventions and national legislation. The Council also reiterates its willingness to continue to support all initiatives aimed at elevating and increasing the efficiency of the said protective system.
I am certain that this distinguished seminar will constitute a fertile ground for vigorous debate and the exchanging of expertise and experiences related to good practices in implementing legal guarantees in the fight against torture and other cruel, inhuman, or degrading treatments or punishment during arrest, hearing, and police custody. The CSPJ is determined to follow and implement the recommendations arising from these guarantees, namely with regard to legal matters. I pray that God blesses you with success in this seminar and that He grants you success in your endeavors.
Wassalamu alaikum warahmatullah wabarakatuh
Section16, CP 1789, Hay Riyad, Rabat
sg@cspj.ma