A/HRC/39/41
10.
Mexico
33.
As reported in the 2017 report of the Secretary-General (see A/HRC/36/31, para. 41
and Annex 47-50), on 4 August 2015 the Committee against Torture, in Rami rez et a l. v.
Mexico, found a violation of articles 1, 2 (1), 12-15 and 22 of the Convention against
Torture and Other Cruel or Degrading Treatment or Punishment (CAT/C/55/ D/ 500/ 2012
and communication No. 500/2012). On 19 May 2016 and 19 September 2016, the
complainants submitted that they had suffered acts of intimidation and harassment b y t h e
authorities as a result of the Committee’s decision. This allegedly took the form of a
campaign aimed at stigmatizing the complainants as criminals and re-victimizing them. On
19 September 2016, the CAT requested protective measures.
34.
Given the absence of a response by the Government to the allegations of reprisals of
19 September 2016, the Chair of the Committee met with the Permanent Representative o f
Mexico in Geneva on 14 May 2018 to discuss measures taken by the authorities to
implement the Committee’s decision. The Chair enquired about the outcomes, if any, of the
investigation into the acts of torture, punishment of the perpetrators, and protection o f t h e
complainants from reprisals reported to the Committee in September 2016. The Chair
further inquired whether all four complainants in the case have been released an d if t h ey
received the remedies requested by the Committee.
35.
According to an update received on 25 May 2018, two of the four victims remain in
detention and are held in extremely precarious conditions with no regard to their condit io n
as victims of torture and were transferred, without prior notice, to prisons with even harsher
conditions. One victim has been diagnosed with a medical condition and is need of
treatment, which he has not received. With regard to the two victims that were released,
their families continue to face harassment and stigmatization, to the extent that t hey were
forced to change residences.
36.
During the meeting with the Chair of the Committee Against Torture on 14 May
2018, the Government committed to provide updated information from the national
authorities and to submit its response to the Committee on the measures taken to implement
the decision on the case by 14 July 2018. The Committee will meet with the Go v ern men t
during the sixty-fifth session of the Committee from 12 November to 7 December 2018.
11.
Morocco
37.
In the 2017 report of the Secretary-General concerns were raised about the
prolongation of the detention of Mr. Abdul Rahman Alhaj Ali, which the Committee
Against Torture deemed likely to be related to the complaint to CAT on h is b ehalf o n 22
May 2015 (see A/HRC/36/31 para. 42 and Annex paras. 51-52). On 3 August 2016, the
Committee against Torture, in Abdul Rahman Alhaj Ali v. Morocco, found that the
extradition of Mr. Alhaj Ali would constitute a breach of Article 3 of the Convention
against Torture and Other Cruel or Degrading Treatment or Punishment (CAT
C/58/D/682/2015 and communication No. 682/2015). Mr. Alhaj Ali, a Syrian national
registered with the United Nations High Commissioner for Refugees and seeking asylum in
Morocco, was detained in October 2014 in Morocco on an extradit io n req uest b y Saud i
Arabia for “breach of trust” based on previous business relations in Riyadh. The Committee
urged the Government to release him or to try him if charges are bro ugh t ag ainst h im in
Morocco, as he had been in extradition detention for almost two years, far in excess o f t h e
sixty-day pretrial period provided for in Morocco.
38.
According to updated information received by the Committee, during his det ent io n
in 2017 Mr. Alhaj Ali was twice summoned to the Prosecutor’s office, where he was
reportedly notified that the extension of his detention resulted from action on behalf befo re
the CAT. On 5 October 2017, the Committee requested the Government to provide furt h er
information, within 2 months, on the measures taken to implement the Committee’s
decision in this case. On 28 November 2017, the Committee decided to request a meet in g
with a representative of Morocco during its sixty-third Session, 23 April to 18 M ay 2018.
On 17 May 2018, the Committee’s Rapporteur on Reprisals, together with the rap port eur
for follow-up to decisions on individual complaints under Art. 22, met with a representative
of the Permanent Mission of the Kingdom of Morocco in Geneva to discuss, inter alia, t h e
GE.18-13325
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