"The security forces have the right to use proportionate force to prevent violence and protect human life, but nothing can justify beating people in custody unconscious," said Sarah Leah Whitson, Middle East and North Africa director at Human Rights Watch.
Following the initial violent confrontations, Moroccan security forces participated with Moroccan civilians in retaliatory attacks on civilians and homes, and blocked wounded Sahrawis from seeking medical treatment. Such conduct, and the beating of persons in custody, cannot be viewed as force used legitimately to prevent or stop violent acts by some demonstrators such as stone-throwing or arson, Human Rights Watch said.
In the aftermath of the violence on November 8, Moroccan security officials detained hundreds of Sahrawis in connection with the disturbances, more than 100 of whom are still being held. Another nine have been transferred to Rabat for investigation by a military court, Sahrawi human rights lawyers in El-Ayoun told Human Rights Watch.
Restricted Access to Information
"We are glad Morocco changed course and allowed Human Rights Watch to carry out an investigation in El-Ayoun," Whitson said. "But a government that says repeatedly that it has nothing to hide should prove that by allowing all media and nongovernmental organizations to come and to collect information without obstacles."
Overview
Human Rights Watch focused its investigation on human rights abuses following the dismantling of the Gdeim Izik camp - not on the nature of the protest at the camp, the decision to close it, or the way it was closed down.
Human Rights Watch does not have its own tally of civilians or security force members killed during the events. According to Moroccan authorities, nine members of the security forces were killed during the operation at Gdeim Izik camp on the morning of November 8, and another died during the disturbances later that day in El-Ayoun. The eleventh died on November 17 from wounds he incurred during the disturbances. One civilian died of injuries sustained during the security force operation at Gdeim Izik, a second after a vehicle hit him in during the unrest in El-Ayoun. The public prosecutor ordered a judicial inquiry into the latter case, a government statement said.
On November 20, the government announced that, on the basis of the report from Human Rights Watch, the crown prosecutor at the El-Ayoun Appeal Court had opened an inquiry into "allegations of persons having been injured by bullets" during the disturbances in El-Ayoun.
Human Rights Watch intends to monitor any official investigation as well as the treatment accorded to victims of abuse who file a complaint.
The security forces involved in the events come from various groups. The troops who intervened at the camp included gendarmes and the Auxiliary Forces, an interior ministry statement said. The forces involved in El-Ayoun included the regular police force, special anti-riot units (groupes d'intervention rapide, or GIR), and the Auxiliary Forces. The latter assists other branches of the security forces and is not part of the interior ministry.
Abuses in Detention
Human Rights interviewed seven Sahrawis detained following the November 8 violence and then released. All alleged that the police or gendarmes abused them in custody, including in some cases beating them until they lost consciousness, throwing urine at them, and threatening them with rape. Lawyers representing those who remain in custody told Human Rights Watch that at least one detainee told an investigative judge that he had been raped in detention, while many others told the investigative judge and prosecutor about beatings and other abuses they allegedly endured in custody.
The witnesses interviewed by Human Rights Watch had severe bruising and other recent wounds that suggested they had been beaten in custody.
Family members of detainees told Human Rights Watch that Moroccan authorities failed to inform them about the detentions for several days and that, as of November 23, the authorities had still not permitted them to visit relatives detained up to two weeks earlier, although defense lawyers had been able to see them for the first time on that day. These delays made it difficult for many families to promptly establish the whereabouts of missing persons or to get information about their treatment in detention.
Human Rights Watch urged authorities immediately to inform next of kin for each person taken into custody, as required by Morocco's Code of Penal Procedure, article 67.
The Sahrawis held in El-Ayoun prison were being investigated on charges such as formation of a criminal gang of with the aim of committing crimes against persons and property, possession of arms, destruction of public property, and participation in hostage-taking and the sequestration of persons, in setting fire to buildings, in the use of violence against members of the forces of order resulting in injury and death, and in armed gatherings.
Ahmed Jadahlou Salem, 34, told Human Rights Watch that he arrived at the Gdeim Izik protest camp the evening of November 7, after making the long drive from Spain. On the morning of the crackdown, he said, gendarmes at the camp detained and handcuffed him, then beat and kicked him with their boots until he lost consciousness. When he regained consciousness, still at the camp, he was again kicked several times in the chest by the gendarmes, who then threw him into the back of a truck:
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