A/HRC/51/47
and 1 July 2021, 154 mandate holders addressed the situation of Mr. Asfari and the
deterioration of his detention conditions since 2016 following the decision of the Committee,
which they had previously raised in 2017 (MAR 4/2021; MAR 3/2017). On 25 August 2021,
the Government responded155 refuting the allegations and providing information about the
detention conditions and indicating the family visits were restricted in 2020 and 2021 to
prevent the spread of COVID-19 in prisons. The Government informed that on 11 June 2021,
Mr. Asfari received the visit of a relative.
113. On 30 November 2021, the Committee against Torture addressed allegations that Ms.
Mangin-Asfari has only been allowed to visit her husband once, in 2019, over the past five
years. The Committee also addressed allegations that Ms. Mangin-Asfari and the lawyer of
her husband were subject to new acts of reprisals during the period in the form of surveillance
of their mobile phones (Ref: G/SO 229/31 MAR(8)).156 According to information received
by OHCHR, forensic evidence from an investigation reportedly showed that the mobile
phones of Ms. Mangin-Asfari and of the lawyer of her husband were targeted and intercepted
by NSO Group’s Pegasus spyware in 2021. Reportedly, a criminal complaint was filed in
France for offences of invasion of privacy, collection of personal data through fraudulent
means, and conspiracy.
114. On 27 July 2022, the Government replied to the note verbale sent in connection to the
present report noting that the authorities guarantee the right of everyone, individually or in
association with others, to unhindered access to and communication with international
bodies, in particular the United Nations, its representatives and mechanisms in the field of
human rights.
115. Regarding the situation of Ms. Aminatou Haidar, the Government regretted that the
case continues to be instrumentalized for political reasons and based on new groundless
allegations. The Government noted that, in the absence of any evidence, it categorically
rejected the allegations that Ms. Haidar was subject to constant police surveillance and
physical violence during the reporting period. It also noted that Ms. Haidar had not presented
any complaint to the relevant judicial bodies to investigate the reprisal allegations.
116. Concerning the situation of Mr. Asfari and his wife, Ms. Mangin-Asfari, the
Government reiterated the observations transmitted to the Committee against Torture on 30
November 2021 in response to its inquiry. It underlined that no intimidation or reprisal
measures were taken against Mr. Asfari’s wife or his legal counsel. The Government
provided information on Mr. Asfari’s detention conditions, including communication with
and visits by relatives and legal counsel, and noted that Mr. Asfari is in good health condition.
117. Regarding allegations that the mobile phones of Ms. Haidar, Ms. Mangin-Asfari and
Mr. Asfari’s lawyer were targeted and intercepted by NSO’s Group Pegasus spyware in 2021,
the Moroccan authorities categorically denied this and referred to Human Rights Council
resolution 36/21, which stresses that information provided by all stakeholders, including civil
society, to the United Nations and its representatives and mechanisms in the field of human
rights should be credible and reliable, and must be thoroughly checked and corroborated. The
Government noted that on 21 July 2021 the General Prosecutor’s Office had ordered the
opening of an investigation into allegations of online surveillance published in reports and
the media. It also informed that the authorities have filed several complaints for defamation
and slander in relation to these allegations.
20.
Nicaragua
118. The case of Mr. Félix Alejandro Maradiaga, a political scientist and executive
director of the Institute for Strategic Studies and Public Policy (IEEPP) whose legal status
was cancelled in 2018, was included in the 2018 report of the Secretary-General on
allegations of an arrest warrant following his briefing to the UN Security Council on the
154
155
156
https://www.ohchr.org/en/press-releases/2021/07/morocco-un-human-rights-expert-decriesclampdown-human-rights-defenders.
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=36524.
https://tbinternet.ohchr.org/Treaties/cat/Shared%20Documents/mar/int_cat_RLE_MAR_9499_F.pdf.
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