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