Risk of Violence in Police Custody: Public Prosecutor Tightens Oversight

The circular contributes to reinforcing the protection of rights and freedoms and to upholding the right to physical integrity, according to the Presidency of the Public Ministry.

This new directive from the President of the Public Ministry forms part of the implementation of the 2011 Constitution of the Kingdom, notably Article 22, which criminalizes all forms of attacks on physical or moral integrity and prohibits torture, as well as cruel, inhuman or degrading treatment, or any act undermining human dignity.

It also falls within the framework of implementing the new provisions of Law 23.03, which amends and supplements the Code of Criminal Procedure, in accordance with the Kingdom of Morocco’s commitments in the field of human rights.

The circular highlights a set of fundamental provisions, including the mandatory medical examination of any person placed in custody, to be conducted immediately upon the observation of signs or traces warranting such an examination.

The public prosecutor must be informed prior to the examination, which is to be conducted by a qualified forensic doctor, or, if necessary, by another physician. The procedure must be duly recorded in the official registers and minutes, and accompanied by the corresponding medical report.

Refusal of Medical Examination: Confessions Declared Null and Void

The circular from the Presidency of the Public Ministry further emphasizes the obligation for the Attorney General of the King or the Prosecutor of the King to order a medical examination upon the request of the suspect or their defense, or whenever evidence warrants such a procedure. It also underscores the mandatory nature of medical examinations for minors, whether requested by their legal guardian or prompted by indicators necessitating such an examination.

The circular underscores that the new Code of Criminal Procedure provides for severe procedural sanctions in the event of violations of these provisions. Any confession recorded in a police report shall be deemed null and void if a medical examination is refused despite a request by the suspect or their defense, or in the presence of visible signs of violence.

In the same vein, the Public Ministry has called for immediate and spontaneous investigations into the results of medical examinations, ensuring rigorous follow-up. It has also requested regular visits to detention centers to verify the legality of arrests and detention conditions, and to foster positive interaction with requests for medical expertise submitted to the justice system.

The circular also provides for the establishment of a special register dedicated to medical examinations, the monthly transmission of related statistics to the Public Ministry, and the immediate notification of any case requiring such action, thereby reinforcing monitoring and evaluation mechanisms.

The Public Ministry has thus emphasized the paramount importance of these instructions, urging all judicial authorities to ensure their rigorous and scrupulous implementation. This, in turn, guarantees the protection of rights and freedoms and strengthens citizens’ trust in the justice system.

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