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195.
These violations make the conditions of detainees worse and undermine fair trial
in accordance with the international treaties and conventions, particularly the following:
The UN Covenant on Civil and Political Rights and its 1966 Protocols;
The Convention Against Torture of 1948 which came into force in 1986;
The set of principles for protection of persons subjected to any form of
detention or imprisonment, 1988;
The Minimum Rules of Treatment of Prisoners (1971);
Guidelines on the Role of lawyers;
1990 Guidelines on the Independence of the Judiciary, 1985.
1.
Violation of the General Freedoms
Violation of the Right to Freedom of Association
196.
At
a time when Morocco allows associations to exercise their rights inside
Morocco, it prevents the Sahrawi human rights associations from exercising the same
right in the occupied Western Sahara territories. It prevents them from monitoring the
human rights situation and reporting on violations of those rights.
197.
In this regard, the Moroccan authorities in El-Aaiun prevent CODESA from
exercising its right to organise its Constituent Assembly since 7 October 2007 after
finalising all the formalities required by the Moroccan law for the establishment of
associations.
198.
Despite the fact that a number of international organisations, the European
Parliament and Diplomatic Missions accredited to Morocco have made representations
to the Moroccan authorities on behalf of CODESA, Morocco stuck to its decision of
preventing this Organization from exercising its right to establish without any genuine
reasons.