The National Council for Human Rights expressed its incompatibility with the requirements of the criminal law related to the freedom to practice religious rites, especially the penalties stipulated in Chapter 220 of it, which it considered "inconsistent with the requirements of the constitution, or with international human rights standards."
In its annual report on the human rights situation in Morocco in 2019, the council went on to demand the deletion of the second paragraph of Chapter 220 of the Criminal Code, which includes the penalty related to "undermining a Muslim belief."
The aforementioned paragraph states that he is punished with imprisonment from six months to three years and a fine of one hundred to five hundred dirhams from using the methods of temptation to destabilize the belief of a Muslim or convert it to another religion, by exploiting his weakness or his need for help or the exploitation of educational or health institutions, shelters or orphans.
The Council also called for the deletion of Chapter 222 regarding the penalty of public breakfast for Ramadan, which states that "Anyone who is known to convert to the Islamic religion and professes to public breakfast during the day in Ramadan, in a public place, without legal excuse, shall be punished with imprisonment from one to six months and a fine of two Ten to one hundred and twenty dirhams. "
On the other hand, in light of the persistence of complaints related to allegations of detainees being subjected to torture, whether during the process of their arrest or in prisons, as is the case with the detainees of the rural movement, the National Council for Human Rights recommended strengthening mechanisms to combat impunity for perpetrators of torture and ill-treatment, given their costs. This crime is dangerous.
In its annual report, the Council called for the same punishment related to the crime of torture to be punished by the President who knew that one of his subordinates or those who were working under him or his actual control had committed or was about to commit torture, or intentionally omitting information that clearly indicated this.
The report reviewed a number of cases of allegations of torture that had previously been prepared by the National Council for Human Rights, such as that of Nasser al-Zafzafi and some of the detainees of the rural movement, which the Council said he would address in detail in a future report on rural events.
The CNDH stressed "not to invoke any order or instructions issued by a public civil, military or other authority to justify the crime of torture," and recommended adding a new requirement in the draft criminal law, presented to Parliament, stipulating that torture crimes should not be statute of limitations, and publish the results of investigations carried out With the Public Prosecution even if the complainant gives up a complaint about the allegation of torture.
Regarding the peaceful demonstration in the street, the council said that it monitored an increase in protest movements, reaching an average of 46 demonstrations per day; it was also recorded that protesters "often do not adhere to legal and procedural measures framing the exercise of this right on the ground", considering that this distinct tendency to protest expressions "It often raises the level of tension between the demonstrators and the law enforcement and maintenance authorities."
The National Council for Human Rights presented a group of protest movements that its monitors monitored, blaming the security intervention in some of them to the demonstrators, as is the case in the organized march on the anniversary of the founding of the "February 20 Movement" in Rabat, where it was recorded that "the protesters were alerted through a loudspeaker by The police brigadier, who was carrying a badge and ordered the dispersal to be dispersed, and added: "In front of the protesters not dispersing, the public forces used water and force hoses to disperse them."
To overcome the tension between the authorities and those leading the peaceful protest demonstrations, the National Council for Human Rights recommended "not to subject the right to demonstrate and assembly to restrictions other than those permitted in accordance with constitutional and legal requirements and international human rights instruments, and to ensure the right to demonstrate and peaceful assembly, even if it does not meet the declaration and notification process." , And provide for the use of force to be subject to the supervision of the Public Prosecution. "
With regard to freedom of opinion and expression, the National Council for Human Rights said that it registered with concern the condemnation of some of the followers due to the publication of contents in the digital space, with negative penalties for freedom, especially that some forms of expression in which some of them are protected are protected in the international human rights system.
The report of the Council stopped on a number of issues related to the follow-up of journalists, including the issue of following up four journalists, and sentencing them to six months suspended execution and a financial fine, on the charge of publishing information related to the work of the parliamentary fact-finding committee on the Moroccan Retirement Fund, as he considered that the prison sentence issued against them, though It was suspended, but international human rights standards related to freedom of opinion and expression should be respected.
The Council called on the judicial authorities to adhere to the principles of necessity and proportionality in a manner that does not affect the right to freedom of expression and freedom of the press, and to make them immune from any punishment that deprives of freedom, and also called for amending all criminal law provisions related to the topic of freedom of expression, in accordance with Article 19 of the International Covenant Civil and political rights.
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