The case of Mr. Ennaâma Asfari, a Sahrawi human rights defender, was included in the 2018 report of the Secretary-General (A/HRC/39/41, para. 57 and Annex I, para. 77) regarding the deterioration of his conditions of detention and transfer following the decision of the Committee against Torture about his case (CAT/C/59/D/606/2014). On 13 July 2018, the Committee wrote to the Government emphasizing the need to refrain from reprisals (G/S0 229/3 MAR(8) 606/2014). On 31 July 2018, the Government responded and met with the Committee on 3 December 2018. 144 On 5 December 2018, the Government responded to the allegations of reprisals, including limited visits by family members and entry ban against Mr. Asfaris’ wife, Ms. Claude Mangin-Asfari, into the Moroccan territory. On 14 and 15 January 2019, it was reported that Ms. Mangin-Asfari was able to visit her husband in Kenitra prison following a campaign she led, including a hunger strike. However, Mr. Asfari reportedly continues to be deprived of other family visits and those of his lawyers, and still suffers from harsh detention conditions. The Committee decided to keep the dialogue with the State party open, including by requesting another meeting with a representative in Geneva in July 2019 (CAT/C/66/3).

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).

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.

98. The case of Mr. Ennaâma Asfari was included in the 2020, 2019 and 2018 reports of the Secretary-General206 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. According to information received by OHCHR, on 25 November 2020, the Court of Cassation in Rabat sentenced Mr. Asfari and confirmed the 2017 verdict of the Court of Salé to 30 years in prison, leaving no option other than a royal pardon to free Mr. Asfari before he completes his term. Mr. Asfari continues to be imprisoned in Kenitra, 2,000 km away from his family. During the reporting period, Ms. Mangin-Asfari sent a large number of books to Mr. Asfari that were allegedly returned with no reason and the couple were reportedly only allowed two five-minute phone calls per week. Reportedly, Mr. Asfari has not been allowed to go out into the large courtyard where there is sun, the gym or the library. Mr. Asfari has allegedly not been permitted to see an ophthalmologist for nine years.

112. The case of Mr. Ennaâma Asfari was included in the 2019, 2020, 2021 and 2018 reports of the Secretary-General 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. On 16 June and 1 July 2021, 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 responded 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)). 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.