New Circular Issued to Enhance Medical Examination for Detainees and Protect Physical Safety
The Public Prosecution has issued a new circular directed at the Attorney General at Court of Appeal and Crown Prosecutors at first instance courts, concerning orders for conducting medical examinations on detained individuals. This initiative aims to reinforce the protection of rights and freedoms, ensuring the right to physical safety.
This directive coincides with the implementation of the provisions of the Kingdom’s 2011 Constitution, particularly Article 22, which criminalizes all forms of violations against physical or moral integrity and prohibits torture as well as cruel, inhuman, or degrading treatment. It also serves to activate recent changes introduced by Law No. 23.03, amending and completing the Criminal Procedure Code, in line with Morocco’s international commitments regarding human rights.
The circular emphasizes the necessity of subjecting individuals in custody to medical examinations whenever signs or evidence warrant it. The Public Prosecution must be notified before the examination takes place, assigning the task to a specialist in forensic medicine or a qualified physician when necessary, all of which must be documented in legal records accompanied by a medical report.
It also stresses that the Attorney General or Crown Prosecutor should order a medical examination whenever requested by the suspect or their defense team, or when visible signs justify such action. Furthermore, in the case of minors, the medical examination is mandatory, either upon request by their legal guardian or when indicators necessitate this procedure.
The circular highlights that the new Criminal Procedure Code imposes strict procedural penalties in case of failure to adhere to these provisions, rendering any confession documented in police reports void if the request for a medical examination was denied despite its necessity, or when there are visible signs of violence.
In this context, the Public Prosecution has called for immediate and automatic investigations into the results of medical examinations and their serious follow-up, along with regular visits to detention facilities to ensure the legality of detention and its conditions, as well as positively responding to requests for medical expertise presented to the judiciary.
The directive also stipulates the establishment of a special registry for medical examinations, along with monthly statistics to be sent to the Public Prosecution, ensuring immediate notification of cases requiring attention, thus reinforcing tracking and evaluation mechanisms.
The Public Prosecution concluded its circular by underscoring the great importance of these instructions, urging judicial officials to diligently and seriously ensure their implementation, which guarantees the protection of rights, upholds freedoms, and enhances citizens’ trust in justice.
