The United Nations Committee Against Torture has found Morocco in violation of the Convention against Torture in the case of Sahrawi human rights defender and former political prisoner Abdelmoula El Hafidi. The Committee, which determined El Hafidi endured "degrading treatment," adopted its decision on April 24 during its 84th session. The finding was published on Monday, August 17. The case concerns a complaint submitted by Mr. El Hafidi, who was represented by the International Service for Human Rights (ISHR). El Hafidi, a former political prisoner, was arrested in 2016 in Boujdour, located in the occupied Western Sahara territories.
Detention Conditions Deemed Degrading
The UN committee determined that the conditions of El Hafidi’s detention at Ait Melloul Prison constituted "degrading treatment," violating Article 16 of the Convention against Torture. The committee specifically found that these conditions included overcrowding, a lack of windows, natural light, and ventilation. The committee also noted inadequate heating and insufficient access to drinking water and sanitary facilities as contributing factors to this finding, concluding that these elements collectively amounted to "degrading treatment."
Additionally, the Committee concluded that Morocco had failed to meet its obligations under Article 13 of the Convention. This failure stemmed from Morocco's inability to adequately address complaints concerning the conditions of Mr. El Hafidi's detention. The Committee emphasized that states parties are obligated to ensure that any individual who alleges they have been subjected to torture or degrading treatment has the right to complain to competent authorities and to have their case promptly and impartially examined.
Broader Pattern of Repression
The International Service for Human Rights and the Association for the Protection of Sahrawi Prisoners in Moroccan Prisons characterized the situation as a “broader pattern of repression” against Sahrawi human rights defenders. These organizations stated that "degrading prison conditions, isolation and denial of medical care have been used as means of punishment." They added that the UN Committee's finding "confirms the daily reality faced by Sahrawi prisoners detained because of their views and positions." Western Sahara has been listed as a Non-Self-Governing Territory by the United Nations since 1963, reflecting its ongoing political status. Western Sahara has remained on the United Nations list of Non-Self-Governing Territories since 1963, a status that shows the unresolved political situation of the territory.
Committee's Call to Action
The UN Committee Against Torture has called upon Morocco to provide Abdelmoula El Hafidi with an effective remedy for the violations he experienced. The Committee urged Morocco to take concrete steps to prevent similar breaches of the Convention against Torture from occurring in the future. This directive follows the Committee's finding that El Hafidi's detention conditions constituted "degrading treatment" and that Morocco failed to adequately address his complaints. The Committee's decision notes the need for Morocco to review its practices concerning the treatment of detainees, particularly regarding prison conditions and the handling of grievances. The call for an effective remedy typically includes measures such as compensation, rehabilitation, and guarantees of non-repetition, ensuring that victims receive appropriate redress and that systemic issues are addressed.
Advocacy Group's Perspective
The International Service for Human Rights (ISHR) represented Abdelmoula El Hafidi in the complaint submitted to the United Nations Committee Against Torture. The ISHR has consistently advocated for human rights defenders globally, and its involvement shows the organization's commitment to upholding international conventions. The UN Committee's decision in El Hafidi's case marks a significant outcome for the ISHR, which played a key role in bringing the alleged violations to the Committee's attention. The organization's efforts helped facilitate the formal review of the conditions El Hafidi faced during his detention, leading to the Committee's finding against Morocco. This ruling reinforces the importance of international scrutiny in cases where national mechanisms fail to protect fundamental human rights.