CAT/C/59/D/606/2014 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Distr.: General 18 April 2017 English Original: French Committee against Torture Decision adopted by the Committee under article 22 of the Convention, concerning communication No. 606/2014*, ** Communication submitted by: Ennaâma Asfari (represented by ACAT-France and Joseph Breham) Alleged victim: The complainant State party: Morocco Date of complaint: 4 March 2014 (initial submission) Date of the present decision: 15 November 2016 Subject matter: Torture in detention Procedural issues: Exhaustion of domestic remedies, abuse of the right to submit a complaint Substantive issues: Torture or cruel, inhuman or degrading treatment; obligation of the State party to proceed to an impartial investigation; prohibition on invoking statements obtained through torture as evidence; protection against all forms of intimidation for reporting acts of torture Articles of the Convention: 1, 12 to 16 1.1 The author of the communication is Ennaâma Asfari, who was born in 1970 in Western Sahara, where he lives when he is not in France. He claims that Morocco has violated articles 1 and 12 to 16 of the Convention. 1 He is represented by Action by Christians for the Abolition of Torture-France (ACAT-France) and his lawyer, Mr. Joseph Breham.2 1.2 On 27 January 2015, at the request of the State party, the Committee, acting through its Rapporteur on new communications and interim measures, decided to examine the * Adopted by the Committee at its fifty-ninth session (7 November-7 December 2016). ** The following members of the Committee participated in the examination of the communication: 1 2 Alessio Bruni, Felice Gaer, Abdelwahab Hani, Claude Heller Rouassant, Jens Modvig, Sapana Pradhan-Malla, Ana Racu, Sébastian Touzé and Kening Zhang. Pursuant to rule 109 of the Committee’s rules of procedure, Committee member Essadia Belmir did not participate in the adoption of the present decision. Morocco declared that it recognizes the competence of the Committee against Torture to receive and consider individual communications under article 22 of the Convention on 19 October 2006. The power of attorney under which ACAT-France and Mr. Breham represent the complainant before the Committee was drawn up by his wife. Given that the complainant is currently being held in Salé 2 prison in Morocco, he is reportedly unable to sign the power of attorney himself. GE.17-06158 (E) 020617 060617 

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