A/HRC/45/36
17.
Morocco
88.
The case of Mr. Ennaâma Asfari was included in the 2019 and 2018 reports of the
Secretary-General (A/HRC/ 42/30, Annex II para. 73; A/HRC/39/41, para. 57 and Annex I,
para. 77) on alleged deterioration of detention conditions following the decision of the
Committee against Torture on his case in 2016 (CAT/C/59/D/606/2014). Reported reprisals
in the form of an entry ban against Ms. Claude Mangin-Asfari, the wife of Mr. Asfari,
were also included in the 2019 report of the Secretary-General.
89.
In July 2019, while noting positive developments in the form of visits by his wife,
the Chair of the Committee Against Torture requested the State party to refrain from
reprisals against Mr. Asfari, invited observations on the implementation of the remedy that
the Committee had previously communicated to the Government, and decided to keep the
follow-up dialogue ongoing (CAT/C/67/3, paras. 12–13). On 6 August 2019, the
Government in a meeting with the Committee stated that Mr. Asfari had refused to
cooperate with judicial authorities on the investigation of the allegations of torture, and that
he was held in an individual cell, not in solitary confinement, is in contact with other
inmates and has family visits and phone calls. The State party denied that the complainant
or his wife, Ms. Mangin, had faced any reprisals (CAT/C/68/3, paras. 22–26). At its 68th
Session, the Committee decided to keep the follow-up dialogue ongoing, and, given the
absence of meaningful progress, to request Morocco to allow for a follow-up visit to
monitor the lack of implementation of its decision in this case, including with regard to the
detention conditions of the complainant (A/74/44, para. 65).
90.
The case of Ms. Naziha el-Khalidi was included in the 2019 report of the SecretaryGeneral (A/HRC/42/30, Annex I, para. 74) on allegations of interrogation following action
of special procedures mandate holders on her case. 58 On 4 June 2019, mandate holders
expressed their concern about the interrogation of Ms. el-Khalidi following their first
communication (MAR 2/2019). On 5 August 2019, the Government refuted the allegations
that the questioning by police was an act of reprisals against Ms. el-Khalidi, rather
indicating it was part of an investigation into the reported ill-treatment during her arrest,
which had come to their attention through the first communication by mandate holders. 59
91.
It has been reported to OHCHR that on 8 July 2019, Ms. el-Khalidi was convicted in
absentia by the Court of First Instance of Laayoun for practicing journalism without
accreditation (article 381 of the Penal Code). The sentence included a fine of 4,000
Moroccan dirhams (about USD 400) and the confiscation of her mobile phone seized by the
police during her 2018 arrest. During the reporting period, Ms. el-Khalidi has been the
subject of a vilification campaign through sexist and gender-biased posts on social media
from an account known to target Sahrawi human rights defenders and journalists, and her
close relatives receive notifications of these postings on their cell phones. Some posts have
allegedly included intimate photos and private messages taken from her seized mobile
phone.
92.
On 17 July 2020, the Government responded in detail to the note verbale in
connection to the present report. The Government reiterated the information provided to the
Committee against Torture pertaining to Mr. Asfari, including that which was presented
during the August 2019 meeting between the Permanent Representative and Committee.
The Government stated that Mr. Asfari and his wife are not subject to acts of reprisal and
provided information about the conditions of detention of Mr. Asfari. The Government
categorically refuted the allegations that Ms. el-Khalidi was the subject of an online smear
campaign, and informed that she has not brought any complaints about such allegations to
national administrative or judicial instances.
18.
Myanmar
93.
The case of Mr. Aung Ko Htwe was included in the 2019 (A/HRC/42/30, Annex II,
paras. 77–78) and 2018 reports of the Secretary-General (A/HRC/39/41, para. 60 and
58
59
68
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34727.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=34811.