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34SHADOW OF IMPUNITYTORTURE IN MOROCCO AND WESTERN SAHARAWalid El Ouazzani told Amnesty International that, after the torture, an officer took him tothe police’s car park and forced his fingerprints on a motorbike, which the officer accusedhim of using after killing the student. Walid El Ouazzani said he laughed and explained thathe didn’t know how to ride a motorbike. The officer responded by grabbing his head andhitting it several times against a wall. The student was taken back to the interrogation roomand again beaten. An officer held his hand to force him to sign an interrogation report he hadnot been allowed to read. He was then released without charge. 46In practice, judicial police officers appear to often focus on securing interrogation reports atthe expense of other forms of evidence, even when material evidence and witnesses arereadily available. When investigative judges then rely on police interrogation reports, courts’appreciation of facts and evidence becomes skewed. In cases documented by AmnestyInternational, courts have also relied heavily or exclusively on such interrogation reports inseveral cases involving felonies although Article 290 should only apply to infractions andmisdemeanours. In several instances, accounts by lawyers and court decisions indicated thatthe prosecution alluded to the existence of material evidence during proceedings but failed toproduce the evidence in court.For nearly four years, protesters have been holding a sit-in on Mount Alebban in the AtlasMountains to protest against a silver mine nearby in Imider. The sit-in began in August 2011with local youth demanding employment in the mine. The demands then expanded to includeenvironmental concerns, including the use of local water sources by the mine to thedetriment of the household and agricultural needs of villagers in the area, as well as pollutionthrough toxic waste from the mine.Since then, several silver mine protesters have been arrested, prosecuted and convicted onwhat appear to be trumped-up criminal charges. Relatives of Lahcen Oumni reported that hewas ill-treated by gendarmes following arrest. Gendarmes arrested the father of four on 5February 2013 and forced him to incriminate himself under the threat of torture, his brothertold Amnesty International. His request to read the document before affixing his fingerprintto it was apparently met with insults. 47 Although he recanted the coerced statement in court,the written judgment of the first instance hearing shows that the judge relied on thegendarmes’ interrogation report to convict the 41-year-old man of theft of silver and sentencehim to two years in prison, increased to three years on appeal. 48The aunt of car mechanic and silver mine activist Moustapha Ouchtoubane, 29, said he lostconsciousness after gendarmes sprayed him with engine starter fluid following his arrest on 5October 2011. She told Amnesty International:“Gendarmes in Tinghir sprayed him with a substance that made him pass out, and then theyput his fingerprints on some documents.”46Interview, Fes, 29 May 2014.47Interview with the brother of Lahcen Oumni, Imider, 3 July 2014.48Criminal Chamber, Ouarzazate Court of Appeals, Decision 56, Case 2013/30, 7 March 2013.Amnesty International May 2015 Index: MDE 29/001/2015
SHADOW OF IMPUNITYTORTURE IN MOROCCO AND WESTERN SAHARA35Photo: Wall painting of jailed activist Moustapha Ouchtoubane on Mount Alebban near the Imidr silver mineIndex: MDE 29/001/2015 Amnesty International May 2015
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Reponses des autorites marocaines a
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documents 1 demandes par Amnesty In
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11L'obDigatlon pour l'cfficier de i
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L'allegation selon Jaquelle « Jes
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Parquet general pres Ia cour d'appe
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juge d'lnstructlon. Ce n'est que Jo
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Yassine LmslahEn rapport avec Jes t
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TifletMohamed HajibMarocain natural
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Abdessamad EL BffiAR a ete lnterpel
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Concernant Oussama Zeria, une enqu~
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- l'empreinte dlgitale de tout gard
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Par rapport a !'allegation de l'arm
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Ia famille EDDAOUDI, pour !'arresta
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detention d'annes dans des clrconst
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Rol cf Agadlr.Suite~ laquelle, une
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- Les permanenclers des h6pltaux ;-
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Les nommes Ai:Jdeslam ll.emmadi, Ab
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Mlllas Slouh et Hamza Ejjoumaal!Es-
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auscult~ une personne de sexe femln
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Concernant les proces et drafts de
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Annexe1Synthese des avancus et real
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L'ouverture du Rovaume s'lllustre e
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personne en fuite demandee par Iaju
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oL'artlcle 293 du Code de procedure
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les « services de Pollee ant tente
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WHETHER IN A HIGH-PROFILE CONFLICTO
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