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Morocco and Western Sahara

Capital city — Rabat

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Panorama

Latest updates

Number of people serving non-custodial sentences

-

  • On 24 June 2024, the House of Representatives passed legislation relating to alternative sentences. This legislation strengthened the role of the public prosecutor in the implementation and monitoring of alternative sentences. It confers extensive powers to the judge issuing the injunction to deliver these sentences. It also entrusts their judicial implementation to the sentence enforcement judge. It grants powers to the General Delegation for Prison Administration and Reintegration (Délégation Générale à l’Administration Pénitentiaire et à la Réinsertion, DGAPR) to monitor these implementations.
    The Minister of Justice highlights the importance of raising public awareness about alternative sentences.

    i
    25/06/2024
    / L’Observateur du Maroc et d’Afrique

Number of deaths in custody

204

i
2021
/ prison service, Report 2021, p. 152, tableau 45.

This number includes four women and 30 defendants. The majority of deaths (77.2 %) occurred in the hospital, 7.6 % in the prison infirmary, and 5.6 % in the rest of the detention centre.

  • A person incarcerated at the Oudaya local prison in Marrakesh passed away in hospital. He had been transferred there after losing consciousness while unclogging a drain. His death is considered a workplace accident. The prison governor stated that the incarcerated person enjoyed normal imprisonment conditions.

    i
    08/06/2024
    / LeSiteinfo

People eligible to visit

family members

Members of associations are allowed to visit as an exception.

  • One man incarcerated at Toulal II Prison can only receive visits from his children. His wife cannot visit him because they do not have a marriage certificate.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 106

Prison facilities are accessible by public transport

the majority of facilities

Correctional facilities are normally situated between 10 to 15 kilometres from city centres.

  • Prisons are often far from families and major cities and are difficult to reach.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 103

The prison service is required to ensure that prisoners sentenced to death maintain family ties. However, these people are isolated and rarely receive visits. The main reasons for this are the geographical distance from the central prisons and the “dishonour” felt by families. A sense of abandonment is widespread among prisoners sentenced to death.

Following their visit in September 2012, the UN Special Rapporteur reported that living conditions on death row in Morocco are classed as cruel, inhuman and degrading treatment.

  • ECPM’s fact-finding mission notes that a person’s incarceration location is not chosen based on proximity to friends and family.
    At the Kenitra and Toulal II prisons, the visitation areas for people sentenced to death are not secluded, preventing them from having private moments with their friends and family.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp. 103 and 106.

  • Of the people sentenced to death who were surveyed for ECPM’s fact-finding mission in 2023, 41% stated that they had not been visited by their families for over five years, if they had been visited at all.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p.102

  • Most of the people sentenced to death who were surveyed for ECPM’s fact-finding mission stated that their physical or mental health was poor. They attributed this to the lack of contact with their friends and family.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p.96

  • Prison Insider has published the account of Khadija Amrir, condemned to death in 1995 and freed on 2 August 2016, following a succession of royal pardons for good conduct.

    “They would tell me that if I ever got transferred, it would be because I was going to be executed. I couldn’t get a wink of sleep. I accepted my fate, but I was terrified of being put to death. I was able to stay in touch with my father on a regular basis. When I was sentenced to death, he got divorced from my step-mother. He wanted to see me free before he died - it was his dream, and it came true. He died 40 days after I was freed, at the age of 103“.

    i
    01/02/2017
    / Prison Insider

Prisoners can be assisted by a lawyer throughout their incarceration

no

The assistance of a lawyer is only authorised upon imprisonment and during the trial. It is not authorised during the disciplinary committee.

  • A large number of people sentenced to death are represented by duty solicitors who never visit them in their place of detention and only attend hearings.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 102.

  • ECPM’s fact-finding mission revealed a lack of compliance with the right to legal assistance at various procedural stages. Numerous people condemned to death were unable to consult a solicitor before appearing in court and do not properly receive judicial guarantees. They feel their legal representation is poor and ineffective.
    The 2024 report from the fact-finding mission highlights the still-pending reform process, introduced by authorities a decade ago, to reinforce the effective right to a fair trial.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp. 71-72, p. 81.

Number of deaths attributed to suicide

Data not disclosed

The number of deaths attributed to suicide is not included in the official statistics.

  • Three incarcerated persons who were considered dangerous died by suicide between February and April 2023. An Islamic studies researcher says these suicides could be explained by the more restrictive imprisonment conditions associated with the new system for classifying people in prison.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p.100

  • A prisoner struggling with mental illness, who was undergoing psychological treatment in detention, hanged himself with his blanket at the Aïn Sebaâ local prison.

    i
    24/01/2024
    / Maroc Diplomatique

Continuity of care is ensured throughout the imprisonment.

  • ECPM’s fact-finding mission reports that in 2023, 47% of people sentenced to death who were experiencing depression and emotional instability had access to psychiatric treatment and medication. Most of the people not receiving treatment were incarcerated at Moul el Bergui Prison.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p.98

The medical team is usually made up of one general practitioner (full time or for regular visits), nurses and sometimes, a dentist and a psychologist.
General medical care (such as tests and biological analysis), hospitalisation, dentistry, and psychological treatment are delivered inside the prison.
Many prisons do not have a permanent doctor. The prison administration has agreements with public and private doctors. The doctors have to regularly visit the prisons to ensure medical coverage.1

  1. DGAPR, “2018 activity report”, 2019, p. 89 (in Arabic). ↩

  • Each facility has a joint medical and paramedical team made up of doctors, nurses and social workers. It remains difficult to access medical specialists outside of prisons.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 97

The prison service offers activities to prisoners

yes

Access to activities depends on the category of the prisoner. (See Organisation Section)

  • In some prisons, people with death sentences have access to sociocultural activities such as theatre. This access is not guaranteed to all incarcerated persons and must be granted by the prison service.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp.94-95

  • Most of the people sentenced to death who were surveyed as part of ECPM’s fact-finding mission while being held at Moul el Bergui Prison had no way to occupy their time outside of the time set aside for exercise. They did not have access to vocational training or other activities, even when they requested them. The fact-finding mission concluded that the lack of activities exacerbated their isolation and psychological distress.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 94.

All prisoners are entitled to spend at least one hour a day in the open air

yes
i
(Penitentiary law, article 116).

  • People sentenced to death who were surveyed as part of ECPM’s fact-finding mission say they are allowed one or two hours of recreational time outside of their cells. The duration of this exercise time depends on the incarcerated person’s classification within the facility. They use this time to exercise or do sport, individually or together.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp.93-94

Items permitted to be brought into the prison by visitors include clothes and books. At the time of writing the prison authorities do not allow visitors to bring in food.

  • Families are not allowed to bring in packed meals that they have prepared. The reasons cited by the prison service are the need to prevent smuggled objects from entering prisons and the increased workload of prison staff. This ban is nevertheless lifted during religious or national holidays.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 93

Prisoners sentenced to death are subject to a very harsh prison regime and live in precarious conditions. Together Against the Death Penalty (ECPM) has met with prisoners sentenced to death at Kenitra prison. Prisoners sleep on the floor without a mattress and are only allowed to shower once a week. A large proportion of them suffer from psychopathological problems. They are at particular risk of depression. They do not benefit from sporting or leisure activities.

  • The people sentenced to death who were surveyed for ECPM’s fact-finding mission feel they receive the same treatment as other people in prison. Staff members from various prisons confirmed these statements.  A welfare service gives particular prominence. They are seen as more vulnerable due to the time spent in detention.  Of the people sentenced to death who were surveyed for ECPM’s fact-finding mission in 2023, 59% stated that they were experiencing depression and emotional instability. Several said they had sleep problems due to their conviction, and two said they had considered suicide.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp. 92 and 98.

Prisoners sentenced to death are placed in special facilities, units or cells

yes

Prisoners sentenced to death carry out their sentences in the country’s two central prisons.

See Prison Facilities section for more information on the type of prison facilities.

  • ECPM’s fact-finding mission indicated that around twenty people were being held at Kenitra Prison in 2023. This is the only prison with a separate unit for people sentenced to death. The fact-finding mission reports that, of the people sentenced to death who were surveyed, 89% are held in individual cells.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", pp. 89 and 91.

The death penalty is replaced by a sentence of between 10 and 15 years for minors. The law states that pregnant women can be executed two years after giving birth.

  • ECPM’s fact-finding mission notes that examinations are not carried out to assess the psychological state of people condemned to death. The report claims that mental illnesses are inadequately addressed by the justice system.

    i
    23/04/2024
    / Together Against the Death Penalty (ECPM), "Thirty years of moratorium: an endless wait – 2023 Fact-finding mission", p. 76.

All allegations and suspicions of ill-treatment inflicted on prisoners are logged

no

Some allegations of ill-treatment are recorded when grievances are addressed to prison administration management or human rights organisations.
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.1

  1. Amnesty International, “L’ombre de l’impunité – La torture au Maroc et au Sahara Occidental”, 2015 (in French). ↩

  • Two individuals incarcerated at the Nador local prison passed away. Prison management denies allegations claiming the deaths were caused by negligence and violence by prison staff. It says the incarcerated individuals were treated in hospital prior to death. It states that several medical examinations had previously been performed on one incarcerated individual, and that the autopsy of the other revealed no evidence of violence.

    i
    01/05/2024
    / Hespress

Mail exchanged is subject to control

yes

All letters exchanged by prisoners are read, except official sealed letters (see below).

  • The journalist Soulaimane Raissouni, who has been imprisoned near Casablanca since 2020, has once again gone on a hunger strike. He is protesting the authorities’ confiscation of a letter addressed to a Ukrainian writer. The prison service says the letter contains offensive and defamatory statements and false information.

    i
    05/03/2024
    / Le Monde

Policies for prevention of violent extremism and radicalisation have been implemented. These policies lead to the creation in 2017, of the Moussalaha program, started by a joint effort between the General Delegation for Prison Administration and Rehabilitation, the Rabita Mohammadia des Oulémas1, the National Human Rights Council (Conseil national des droits de l’Homme, CNDH) and the Mohammed VI Foundation (la Fondation Mohammed VI). Prisoners sentenced for acts of terrorism or extremism take part in this program.

The programme has been extended to women prisoners since its 5th edition. It has several strands: religious education, human rights education and psychological care, with video recordings of testimonies from relatives and friends who are victims of terrorism.

The prison administration also set up an awareness and information campaign about “tolerance culture and openness towards others”.

  1. Fondation created by King Mohammed VI for teaching and promoting Islamic studies. ↩

  • The Moussalaha Centre launched the 14th edition of its reintegration programme at the Salé local prison for prisoners convicted in cases of extremism or terrorism. This edition will benefit 21 prisoners. Since its creation in 2017, 322 prisoners have participated in this programme.

    i
    20/02/2024
    / Le 360

Torture, violence, and ill-treatment allegations are signaled by the Moroccan NGOs and prisoners themselves to the Executive Officer.

On 8 November 2022, Human Rights Watch and Amnesty International spoke out against the arbitrary detention of 19 Sahrawi men. They were convicted and have been imprisoned for 12 years on the basis of their suspected involvement in the violence that occurred on 8 November 2010 in Laâyoune. Eleven police officers and three civilians were killed after a protest encampment was broken up by law enforcement. The trials were fraught with “confessions” obtained through torture.

The United Nations’ Committee against Torture condemned Morocco in 2021 for violations of the Convention against Torture in three cases related to this event.The Committee questions the probative value of the delayed investigations led by the Moroccan justice system concerning these allegations of torture. Since 2017, the 19 men have been scattered across the country. Most of them had lived in Laâyoune before but are now over a thousand kilometres away. They all ask to be transferred to closer prisons.
Several of them led several hunger strikes to protest the violations of their fundamental rights, in particular as they have been refused care and family visits and have been excessively placed in solitary confinement.
The Sahrawi community appealed to the UN on 3 August 2023. It accuses the Moroccan authorities of subjecting prisoners of the Gdim Izik group to harassment and abuse.

  • Sahrawi prisoners at Aït Melloul Prison went on a hunger strike in response to the ill-treatment they endure from the Moroccan authorities. They told of being victims of acts of torture and intimidation and being deprived of their fundamental rights.

    i
    15/02/2024
    / Sahara Press Service

The prison service does not provide special protection for LGBTI prisoners. These people are in a highly vulnerable position within prisons. They are often the target of attacks.

  • Prison Insider has published the account of Sama, a trans woman serving a sentence in the Boulmharez prison because of her gender identity.

    “And he slapped me hard. I felt my head spin with the third slap. I was scared. So, I signed a statement without even reading it. I later realised that he wrote that I admitted to homosexual relations, which are punishable by the Moroccan law. I was transferred to Boulmharez prison and locked up, again with only male prisoners…”

    i
    06/07/2019
    / Prison Insider

It is not guaranteed that prisoners can maintain family ties during their time in solitary confinement. Isolated prisoners are not allowed visits. The prisoners can write letters but only to their family. Prisoners in solitary confinement maintain their right to freely communicate with their lawyer.

  • Ali Aarrass is being held in isolation, in spite of the decision on 27 March 2017 by the Committee of the United Nations against torture, which ordered Morocco to put an end to this regime. The Belgo-Moroccan was arrested for the first time in 2006 in Spain at Morocco’s behest, on suspicion of terrorism. He was extradited to Morocco in 2010 where he is serving a 12-year sentence. The United Nations working group on arbitrary detention has been unsuccessfully demanding his release since 2013, after he was tortured in Moroccan prisons.

    His sister, Farida Aarrass, has given an account of a visit to her brother in 2017 in Tiflet 2, which is available here.

    i
    10/04/2017
    / Prison Insider