42.Ali Aarrass, whose case was mentioned in my previous report,60 has reportedly continued to be subjected to acts of intimidation and reprisal. After his prison cell had been searched and his personal correspondence confiscated, Mr. Aarrass announced in an open letter of 15 July 2013 that he was going on an indefinite hunger strike in protest at his treatment in prison. Mr. Aarrass was told by the prison director that he could make his life impossible, and was denied access to the courtyard, e-mail, telephone and the shower. On 25 July 2013, Mr. Aarrass reportedly intensified his hunger strike by refusing water, causing his health condition to deteriorate.61 The Government responded to the joint communication sent by special procedures by a letter dated 4 September 2013, in which it gave a detailed overview of all the steps taken by the authorities in the case.62 On 19 May 2014, during its fifty-second session, the Committee against Torture adopted a final decision on the case of Mr. Aarrass, in which it decided that Morocco was in violation of article 2, paragraph 1, and articles 11, 12, 13 and 15 of the Convention against Torture and Other, Cruel, Inhuman or Degrading Treatment or Punishment.63

The case of Mr. Ali Aarrass was included in the 2013 report of the Secretary- General (A/HRC/24/29, para. 27) regarding threats and prison transfer reportedly in connection to his cooperation with the Special Rapporteur on torture during his visit to the country. His situation was addressed by a number of special procedures mandate holders (MAR 11/2012 and A/HRC/23/51; MAR 2/2013, and A/HRC/25/74; and MAR 7/2015). The Government responded to the allegations in 2013 and 2015. In a decision of 14 May 2014, the Committee against Torture reported that it is of the view that the information before it disclosed a violation of article 2, paragraph 1, and articles 11, 12, 13 and 15 of the Convention against Torture in the case of Aarrass v. Morocco (CAT/C/52/D/477/2011, para. 11; Communication 477/2011, para. 7.4). 75. On 3 December 2018, in light of the absence of updates by the State party, the Committee met with the Permanent Mission in Geneva and sent reminders for observations on 6 August and 30 November 2018, due by 31 December 2018. On 11 January 2019, the State party submitted observations. In May 2019, in the absence of a meaningful progress in implementation of the decision, the Committee decided to keep the follow-up dialogue open, and to request another meeting with the Permanent Mission in Geneva in July 2019 (CAT/C/66/3, paras. 9–11, and CAT/C/65/3, paras. 8–9). Mr. Ali Aarrass has reportedly suffered further reprisals while at Salé II prison, and continues to be held in solitary confinement. In December 2018, while the prison director was on leave, two prison officials took him by force, undressed him while spitting on him, and threatened to rape him. They also insulted him and his family. He was reportedly deprived of food for ten days.

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.
99. The case of Mr. Ali Aarrass was included in the 2019 and 2013 reports of the Secretary-General 207 on allegations of threats and prison transfer in connection to his cooperation with the Special Rapporteur on torture during his visit to the country. His situation was addressed by special procedures mandate holders (MAR 11/2012; MAR 2/2013; and MAR 7/2015). The Government responded to the allegations in 2013208 and
100. In a decision of 14 May 2014 on the case of Aarrass v. Morocco, the Committee against Torture noted allegations of reprisals following the visit of the Special Rapporteur, and found a violation of article 2(1) and articles 11, 12, 13 and 15 of the Convention against Torture (CAT/C/52/D/477/2011, paras. 6.8, 7.4 and 11).
101. In a Decision published in January 2020 on the case of Aarrass v. Morocco (CAT/C/68/D/817/2017), the Committee against Torture found a violation of articles 16 and 2 (1), read in conjunction with articles 1 and 11, and of article 14 of the Convention (para. 9). It noted that Mr. Aarrass’ conditions of detention had not improved and that this constituted a failure to implement its first decision on the case (CAT 477/2011). It was reported that, according to the complainant, his conditions of detention may have amounted to reprisals for insisting in the implementation of CAT’s first decision, and for submitting the second complaint to the Committee. The Decision noted that to protest his conditions of detention and the acts of intimidation he has suffered in relation to the complaints he has submitted at the national and international levels, the complainant has gone on several hunger strikes (para. 2.12). The Committee invited the State party to submit information on the case and take steps to respond to its observations, including by the provision of full, adequate and fair compensation to the complainant for all the violations of the Convention (CAT 817/2017, para.10).
102. According to information received by OHCHR, on 2 April 2020, Mr. Aarrass was released upon completion of the 12-year sentence, but reportedly not allowed to leave Morocco until July 2020, despite repeated requests, allegedly further aggravating his mental and physical suffering. Once abroad in Belgium, a medical examination of Mr. Aarrass reportedly revealed serious physical concerns and psychological trauma related to his conditions of detention and abuse while in prison. This update on the situation of Mr. Aarrass was not included in the 2020 report of the Secretary-General due to fear of further retaliation at the time.