Kingdom of Morocco (Morocco).

Africa (Northern Africa).

Arabic.

Western Sahara 385,000. (Jul. 2009 est.).

Abolitionist de facto.

1993

The last person who was executed in Morocco, in 1993, was a public official, Commissioner Tabit. Tabit was convicted for multiple counts of “indecent assault, rape violence, rape and abduction”, and “barbaric acts and incitement to riot”. The evidence revealed hundreds of victims. He was arrested in February 1993, sentenced in March 1993 and executed on August 9 of the same year.

Shooting.

Executions can be carried out by shooting.

93.

At the end of 2018, 93 people were on death row in Morocco.

(This question was last updated on May 30, 2019.).

There is no official moratorium, but there has been an internationally-acknowledged unofficial moratorium since 1994.

No. The constitution makes no reference to the right to life or to the death penalty.

Aggravated Murder.

Murder of the king or of any member of the royal family, murder of an on-duty public official, murder committed in order to further another crime, planned or premeditated murder, parricide, poisoning, murder through abuse of a child under 15, and abandoning a child under 15 or an incapacitated person with the intent to cause death,.

Other Offenses Resulting in Death.

Systematic abusive treatment of a child under 15 years, leading to that child’s death, is punishable by death when committed by the child’s guardian. Castration without intent to cause death, but leading to death, is punishable by death. Arson of any kind resulting in the death of a person is punishable by death. Kidnapping of a minor resulting in the death of the minor is punishable by death.

Terrorism-Related Offenses Resulting in Death.

A terrorist offense (such as the destruction of roads or buildings, the obstruction of vehicles, or the poisoning of the environment or of water supplies), causing one or more deaths, is punishable by death. Inciting a person to commit a death-eligible terrorism offense is punishable by death.

Terrorism-Related Offenses Not Resulting in Death.

The 2003 anti-terrorism law sets out a list of offenses which are characterized as terrorist offenses if they are committed with terrorist intent. Terrorist intent is defined as the intent to cause a serious breach of public order (“atteinte à l’ordre public”) through intimidation, terror or violence.

Terrorist offenses are punishable by death, even where no deaths are caused, if the underlying offense is punishable by life in prison. These offenses include: hostage-taking in furtherance of another crime, kidnapping a minor for a ransom, counterfeiting money or public bonds, armed robbery, and arson causing permanent injury. This list is not exhaustive, however, given the vagueness of the definition of underlying offenses.

Additionally, inciting a person to commit a death-eligible terrorism offense is punishable by death.

Arson Not Resulting in Death.

Arson of habitually occupied buildings, ships, tents, vehicles or other structures, is punishable by death.

Kidnapping Not Resulting in Death.

Torturing a kidnapped victim is punishable by death. Aiding in the commission of this crime by providing a place for detention or a means of transportation is also punishable by death.

Economic Crimes Not Resulting in Death.

Accepting or offering a bribe in furtherance of a death-eligible crime, and accepting a bribe as a judge or jury member where the bribe leads to a death sentence,.

Treason.

Acts of treason, including incitement to civil war, devastation, massacre and pillaging, are punishable by death. For civilian and military officials to plot together to commit treason against “the internal security of the state” is punishable by death. Incitement or provocation to commit treason is also punishable by death.

Espionage.

Espionage and provocation or incitement to commit espionage.

Military Offenses Not Resulting in Death.

Desertion, disobeying orders to march on the enemy, assaulting a wounded soldier in order to steal from him or her, attempting to destroy buildings or equipment used for military purposes, dereliction of duty in presence of the enemy, self-mutilation in time of war, unlawful capitulation, and plotting against military commanders, are punishable by death.

Escaped prisoners of war who are found carrying weapons are punishable by death.

Other Offenses Not Resulting in Death.

-Repeat offender: an offender who is successively convicted of two offenses that are punishable by life imprisonment is punishable by death.
-Attempt: attempting poisoning, and attempting a death-eligible crime, are punishable by death.
-Torture: committing torture or barbarous acts in the course of committing another crime is punishable by death.
-Perjury: committing perjury leading to a death sentence is punishable by death.
-Abuse of public authority: abuse of authority by a public official, leading to a death-eligible crime, is punishable by death.
-Public health offenses: the Prevention of Crimes Against Public Health Act provides that the death penalty may be imposed for trading in the manufacture of products or substances that are unfit for human consumption and pose a threat to public health.
-Assault on the king: assaulting the king (except where he is completely unharmed) is punishable by death.

The Penal Code provides that upon a finding of mitigating circumstances, courts may sentence the offender to life imprisonment or imprisonment for 20 to 30 years. It is reported that “as a general rule, magistrates show restraint and apply [the mitigation provision] of the penal code.”

Comments.

There is no mandatory death penalty in Morocco.

Individuals Below Age 18 at Time of Crime.

Persons aged less than 18 years at the time of commission of the offense are considered partially irresponsible, and cannot be sentenced to death. The maximum sentence that a minor can receive is 10 to 20 years’ imprisonment. Domestic law is in conformity with Morocco’s international obligations: Morocco is party to the ICCPR and the Convention on the Rights of the Child, which prohibit the execution of individuals for crimes committed while under the age of 18."

Pregnant Women.

A pregnant woman who is condemned to death may only be executed 40 days after she has given birth. This is in conformity with Morocco’s obligations as a party to the ICCPR, which prohibits the execution of pregnant women."

Intellectually Disabled.

Persons who are medically diagnosed with mental disabilities so severe that they are not responsible for their actions may not be convicted of a criminal offense. They are committed to psychiatric institutions.

Mentally Ill.

Courts must recognize the diminished criminal responsibility of defendants affected by a mental illness at the time of commission of the crime. The defendant may be committed to the care of a psychiatric institution for the duration of the illness.

If a defendant is mentally-ill when the charges against him come to trial, he will be committed to a psychiatric institution for the duration of the illness. The trial on the charges must be suspended until he is capable of presenting a defense.

Comments.

There have been no executions since 1993.

As of March 2011, we were unable to locate any significant published cases concerning the death penalty.

The Preamble of the Moroccan Constitution states that Morocco adheres to the principles, rights and obligations arising from the charters of international organizations and reaffirms its determination to abide by universally recognized human rights.

While the Constitution does not enshrine the superior authority of international treaties over domestic law, a number of recent statutes explicitly recognize the primacy of international norms over internal law - for instance the 2003 Code of Criminal Procedure, the law regulating the practice of the legal profession, and the Nationality Code. Moreover, the Moroccan government stated in its 2008 report to the Human Rights Council that Moroccan courts were likely to accelerate the trend of applying provisions of international conventions in domestic cases, as a consequence of “the new focus of the training course for judges, which has been expanded to include human rights modules and to reflect the content of international treaties”.

In 2004, the Human Rights Committee recommended in its final conclusions that Morocco “reduce to a minimum the number of offences punishable by the death penalty with a view to abolishing capital punishment” and “commute the sentences of all persons sentenced to death”. The Committee also noted with concern that although no executions had taken place for many years, and although a significant number of death sentences had been commuted, the number of death-eligible offenses had increased since the previous periodic review.

At Morocco’s last Universal Periodic Review, conducted in 2008, Italy noted with approval that no executions had been carried out since 1993. No other state commented on the death penalty.

In theory, yes. Moroccan law provides that all defendants have the right to be represented by a lawyer. If a defendant charged with a death-eligible offense cannot afford one, a court-appointed lawyer must be provided.

In practice, according to the U.S. Department of State, defendants facing capital punishment do not always obtain effective legal representation. Attorneys are not always appointed, and when they are, they are not always appointed in a timely fashion, and they are poorly paid. These conditions often result in inadequate representation.

In theory, yes. Moroccan law provides that all defendants have the right to be represented by a lawyer. If a defendant charged with a death-eligible offense cannot afford one, a court-appointed lawyer must be provided.

In practice, according to the U.S. Department of State, defendants facing capital punishment do not always obtain effective legal representation. Attorneys are not always appointed, and when they are, they are not always appointed in a timely fashion, and they are poorly paid. These conditions often result in inadequate representation.

Legal representation of defendants facing the death penalty is not always adequate. According to the U.S. Department of State, legal aid attorneys are not always appointed, and when they are, they are not always appointed in a timely fashion, and they are poorly paid. These conditions often result in inadequate representation.

During the wave of terrorism trials that followed the 2003 Casablanca attacks, a single lawyer represented 10 defendants for whom the death penalty was sought. All 10 were sentenced to death.

As of March 25, 2011, we were not able to locate the Code of Criminal Procedure and based our research on secondary sources.

The Minister of Justice must be informed as soon as a death sentenced is rendered. Questions of law may be appealed to the Court of Appeal. The death-sentenced defendant must be informed that he has 8 days from the date of the sentence to submit an appeal.

The Court of Appeal’s sentence may be further appealed on questions of law to the Supreme Court within 8 days. Appeals to the Supreme Court are infrequent.

The Minister of Justice must be informed by the office of the Public Prosecutor as soon as a death sentence is pronounced. Clemency pleas are automatically introduced by the office of the Public Prosecutor and no person sentenced to death may be executed before his or her clemency request has been denied. Pursuant to the Constitution and to the Penal Code, the prerogative of clemency is exercised by the King. The King receives an advisory opinion prepared by the clemency committee (commission des grâces). The clemency committee is composed of the Minister of Justice, the head of the royal office, the Chief Justice of the Supreme Court, the chief prosecutor, the director for criminal matters and clemency, and the director of prisons.

No. Juries are not used in Morocco. Death sentences are issued by judges. A criminal policy reform colloquium organized by the Ministry of Justice in 2004 recommended that a unanimous bench be required in order for a death sentence to be issued.

According to the U.S. Department of State, numerous reports indicate that, while Moroccan law provides for an independent judiciary, in practice courts were not fully independent, especially in cases dealing with the monarchy, religion and the Western Sahara. The judiciary is reported to be inefficient and corruptible, and did not consistently base decisions on new laws.

The consequence of a biased judiciary is unfair trials. Human Rights Watch affirms that “in cases with a political colour, courts routinely denied defendants fair trials, ignoring requests for medical examinations lodged by defendants who claim to have been tortured, refusing to summon exculpatory witnesses, and convicting defendants solely on the basis of apparently coerced confessions.” According to the U.S. Department of State, in criminal cases, judges sometimes delay or prevent access to adverse government evidence, or deny requests to question witnesses or present mitigating testimony.

Human Rights Watch also reports a systematic pattern of human rights abuses in the application of the 2003 anti-terrorism legislation, especially in the form of torture and illegal detention.

Men who are sentenced to death are incarcerated at the Kenitra Central Prison, a few kilometers North of Rabat. There are no dedicated facilities for death-sentenced women, who are incarcerated together with other detainees in prisons across the country.

Moroccan law provides a special detention regime for death row inmates. Immediately after sentencing, death-sentenced prisoners are transferred to specially designated facilities. To the greatest extent possible, they must be detained in individual cells. Their mental health must be closely monitored in order to prevent them from attempting escape, suicide, or violence against others. If granted permission by a doctor and a social worker, they may work. They have the right to receive family visits, and be provided food by their families. The law prohibits revealing to a death row inmate that his judicial appeal on the law [pourvoi en cassation] has been denied, purportedly in order to spare him emotional suffering.

In practice, prison conditions for death row inmates are a far cry from the legislative scheme described above. International NGOs have not been authorized to visit Kenitra Prison for the past few years. The last major study on death row conditions, conducted in April 2005 by the Observatory of Moroccan Prisons (Observatoire marocain des prisons), concluded that death row inmates lived in unacceptable conditions. The OMP’s findings were confirmed by interviews conducted by members of the NGO Al-Nassir. These interviews revealed :
- punitive expeditions in which prison guards beat death row prisoners;
- that death row inmates received sufficient food, but had insufficient medical care and no access at all to psychiatric services;
- that books were forbidden, and that no libraries existed for death row inmates, even for those who had undertaken a course of study;
- that while Kenitra had been designed to house inmates in individual cells, overcrowding had led to 2 or 3 prisoners sharing each cell.
Al-Nassir found that death row inmates could receive family visits once a week, without limit as to the number of visitors. Visitors were subjected to thorough body searches. The OMP’s report concluded that living conditions on death row had led to 2 suicides.

In addition to these findings on death row detention conditions, a number of reports indicate that prison conditions in the country as a whole are “in a disastrous state”. Extreme overcrowding, malnutrition, infectious diseases, lack of hygiene and medical care and “dangerous behaviors of various kinds such as drugs, sexual abuse, corruption and violence” were reported. Women are held separately from men and suffer from less overcrowding.

As of March 2011, there were no known foreigners on death row in Morocco.

As of March 2011, there were no known foreigners on death row in Morocco.

As of March 2011, we were unable to locate any current official data on this question. In 2007, the Ministry of Justice informed the International Federation for Human Rights (FIDH) that there were 5 women on death row. In 2011, unofficial sources indicated that between 7 and 10 women were currently under sentence of death.

Under Moroccan law, persons aged less than 18 at the time the crime was committed may not be sentenced to death. As of February 2011, there were no reports of minors on death row.

As of March 2011, we were unable to locate any information regarding the racial/ethnic composition of death row.

However, numerous human rights organizations have documented that Sahrawhi activists are singled out for prosecution on politically motivated charges in the context of the long-running self-determination conflict in Western Sahara. State violence, including assault and torture, has reportedly been exercised against Sahrawi activists in detention. In 2008, Amnesty International noted “the sharp rise in reported cases of torture or ill-treatment in the context of ‘counter-terrorism’ in Morocco/Western Sahara”. Amnesty also reported that death sentences have been handed down against alleged terrorists in trials that failed to meet international standards of fairness: “scores have been sentenced to long prison sentences and over a dozen to the death penalty on the basis of evidence reportedly extracted by torture or ill-treatment.” Such incidents are in violation of Moroccan law, which prohibits discrimination within the prison system. Amnesty International reports that allegations of torture and ill-treatment either are not properly investigated, or do not result in the perpetrators being prosecuted.

The public debate on abolition in Morocco is one of the most advanced in the region. An unofficial moratorium has been in place since the last execution took place in 1993.

The reigning king, King Mohamed VI, who came to power in 1999, has never signed an execution order. He regularly issues blanket amnesties, commuting death sentences to life imprisonment in celebration of national holidays or royal events. In 2005, on the 50th anniversary of Morocco’s independence, he commuted 25 death sentences. In 2008, at his daughter’s birth, he commuted 14 death sentences. In July 2009, on the tenth anniversary of his coronation, he commuted 32 death sentences.

While the abolition of the death penalty has gained political momentum in the last decade, death sentences continue to be issued. Twelve days after the Casablanca terrorist attacks of May 2003, an anti-terrorism law greatly expanding the number of death-eligible offenses was introduced. By 2008, at least 18 people had been sentenced to death under the new legislation, 16 of whom were sentenced in the immediate aftermath of the attacks, between July and September 2003. Amnesty International reported concern that some of those sentenced to death “were allegedly subject to grossly unfair trial procedures”. Ammesty also deplored “the lack of a sufficiently precise definition of terrorism, in violation … of the principle of legality”. In Amnesty’s assessment, this “broad definition of terrorism could be subject to widely differing and arbitrary interpretations, creating the potential for abuse”.

However, there have been indications of increasing political mobilization in favor of abolition. In December 2004, the Ministry for Justice organized an important colloquium on criminal policy reform. The colloquium concluded that the number of death-eligible offenses should progressively be reduced, and recommended that unanimity be required in order for judges to issue a death sentence. On May 26, 2006, the Democratic Forces Front party (Front des Forces Démocratiques) introduced an abolition bill before the parliamentary assembly, and the Minister of Justice publicly declared his support for the bill. A few Islamic political groups opposed the bill on religious grounds.

The Minister of Justice declared to the International Federation for Human Rights (FIDH) in January 2007 that it was preparing a significant reform of the Penal Code that would result in a substantially reduced number of death-eligible offenses. The draft Penal Code, according to unofficial sources, reduces the number of death-eligible crimes to just 11 (these offenses would include attempted murder of the King and the royal family, treason, certain terrorism offenses leading to death, certain aggravated forms of murder such as parricide and infanticide, the use of torture in committing a crime, aggravated kidnapping, perjury, repeat offenses, and the manufacturing of dangerous foods).

In the past decade, a number of high profile, government-sponsored human rights organizations have also publicly taken a position against the death penalty. The Equity and Reconciliation Commission (Instance Equité et Réconciliation), created by the king in 2003 to investigate human rights abuses committed during the previous four decades, recommended in its final November 2006 report that the death penalty be abolished and that Morocco ratify the Second Optional Protocol of the ICCPR. The Conseil consultatif des droits de l’homme (Consultative Council for Human Rights or CCHR), a governmental human rights body, has also taken an abolitionist stance on numerous occasions, particularly at the 3rd World Congress Against the Death Penalty, and at the national seminar on the death penalty organized by Ensemble Contre la Peine de Mort (ECPM) in Rabat in 2008. We note that in March 2011, in response to the wave of popular demonstrations that took place earlier that year, King Mohamed VI created a new independent governmental human rights body, the Conseil national des droits de l''Homme (CNDH) (National Council for Human Rights), which replaces the CCHR. The status and degree of independence of the CNDH are as yet uncertain, but in theory it will be able to demand legal investigations into human rights abuses.

Since January 2011, with the help of European Union funding, ECPM has been developing capacity-building programs for abolitionist groups in Morocco. These programs aim at supporting fact-finding missions (such as prison visits, death penalty databases, etc.) and the publication of reference books on the death penalty.

Association Marocaine des Droits Humains (AMDH) (Moroccan Human Rights Association)
Mr. Ben Abdesselam Abdel-Ilah
Appt N°1, Imm 6, Rue Aguensous, Av. Hassan II, Les Orangers (Près de Auto-Hall)
BP 1740 RP Rabat, Maroc
Tel: +212 5377 309 61
Fax: +212 5377 388 51
lilahbena@yahoo.fr
http://www.amdh.org.ma/

Association Marocaine des Droits Humains (AMDH) (Moroccan Human Rights Association)
Mr. Abdellah Mouseddad
Appt N°1, Imm 6, Rue Aguensous, Av. Hassan II, Les Orangers (Près de Auto-Hall)
BP 1740 RP Rabat, Maroc
Tel: +212 5377 309 61
Fax: +212 5377 388 51
amouseddad@yahoo.fr

Bayt Al Hikma
Mrs. Khadija Rouissi
President
Résidence Al Irfane 1 Imm.6 Appt.10, rue Mohamed Regragui, Agdal Riad
1000 Rabat, Maroc
Tel: +212 661163562
khadijarouissi@baytalhikma.org.ma
http://baytalhikma.wordpress.com

Bayt Al Hikma
Mrs. Maia Boureile
Chef de Projet
Résidence Al Irfane 1 Imm.6 Appt.10, rue Mohamed Regragui, Agdal Riad
1000 Rabat, Maroc
Tel: +212 666275003 baytalhikma@baytalhikma.org.ma
www.baytalhikma.org.ma

Centre marocain des droits de l'Homme (CMDH) (Morroccan Center for Human Rights)
Mr. Rachid Chriaa
Secrétaire général du CMDH (Secretary General for the CMDH)
403, Hay Ennahda 2, EX 3- Rabat
BO 1804 Rabat R.O., Maroc
Tel: +212 666 14 19 73, +212 668 68 11 38, +212 537 63 10 93
Fax: +212 537 67 97 92, +212 537 26 15 79
rachidchrii@yahoo.fr

Coalition marocaine contre la peine de mort
Mr. Abdellah Mouseddad
Représentant de l'OMP - AMDH
Maroc
Fax: +212 522249752
amouseddad@yahoo.fr

Coalition marocaine contre la peine de mort
Mr. Chafchaouni Abdeslam
Attaché pédagogique, professeur de philosophie
6 bis, rue Khadija Bent-Khouiled
Casablanca, Maroc
Fax: +212 522487033
chafchaouniabdeslam@gmail.com

Coalition marocaine contre la peine de mort
Abderrahim Jamai
Coordinateur - OMP
Maroc
cabinetjamai@gmail.com

Forum Marocain pour la Vérité et la Justice (Moroccan Forum for Truth and Justice)
Mr. Driss Oumhand
6 bis, rue Khadija Bent-Khouiled
Casablanca, Maroc
Tel: +212 522 48 70 33, +212 660 29 34 87, +212 610 32 04 79
Fax: +212 522 48 28 45
oumhandatlas@gmail.com

Observatoire Marocain des Prisons
Mr. Abderrahim Jamai
Secrétaire général
10 rue des Batignolles - Quartier Belvédère
Casablanca, Maroc
Tel: +212 522 24 97 52
Fax: +212 522 24 97 52
cabinetjamai@gmail.com

Observatoire Marocain des Prisons
Mr. Abdellah Mouseddad
10 rue des Batignolles - Quartier Belvédère
Casablanca, Maroc
Tel: +212 022 24 97 52
Fax: +212 022 24 97 52
amouseddad@yahoo.fr

Observatoire Marocain des Prisons
Mr. Jawal Skalli
Directeur Exécutif
10 rue des Batignolles - Quartier Belvédère
Casablanca, Maroc
Tel: +212 522 24 97 52
Fax: +212 522 24 97 52

Organisation Marocaine des Droits Humains
Mr. Mostafa Znaidi
8, rue Ouargha, résidence Volubilis, Appt 1, Agdal
1000 Rabat, Maroc
Tel: +212 67 77 +60, +212 5227 30 49
mznaidi2@gmail.com
www.omdh.org
.

Reprieve
PO Box 72054
London EC3P 3BZ
United Kingdom
Tel 020 7553 8140
Fax 020 7553 8189
info@reprieve.org.uk
http://www.reprieve.org.uk.

The Moroccan Ministry of Justice maintains a free online legal database in Arabic and French (http://adala.justice.gov.ma/FR/home.aspx), where users can search legislation and judicial decisions by topic and by keyword. As of March 2011, the criminal law section of the database did not contain any judicial decisions, but there were indications that the site was still under construction.

Moroccan case law can also be researched in Arabic and French on the website of the Cabinet Bassamat law firm at: http://www.jurisprudence.ma/. Judicial decisions are continuously being added to the database. As of March 2011, it did not contain any decisions relating to the death penalty.

The website Artemis (http://www.artemis.ma/Front/Bases/Visiteur.aspx) offers a searchable database, available for a fee, of approximately 8,000 Moroccan judicial decisions.

Ensemble Contre la Peine de Mort, Séminaire sur la peine de mort : Rabat, Maroc, http://www.abolition.fr/ecpm/french/news.php?new=1075, Oct. 11-12, 2008.

Florence Bellivier, La peine de mort au Maroc : l’heure des responsabilités : Mission internationale d’enquête, Fédération Internationale des Ligues des Droits de l’Homme, Rapport de Mission No. 480, http://www.fidh.org/IMG/pdf/Maroc480pdmfr2007.pdf, Oct. 2007.

There has been a long-standing conflict over the status of the Western Sahara. DPW’s treatment of Morocco and the Western Sahara in a single questionnaire does not in any way constitute a recognition of Morocco’s claims of sovereignty over the territory. Rather, it is an acknowledgment that some of our essential research data is made available (for instance, by Amnesty International and Human Rights Watch) for both Morocco and the Western Sahara without distinction. Our project does not, at this stage, encompass research into criminal justice as it is practiced in the Western Sahara. According to the U.S. Department of State, the Moroccan Penal Code is in effect in the Moroccan-controlled areas of the territory.