فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
Rabat – April 23, 2025 – The National Human Rights Council (CNDH) has presented a memorandum containing over 100 recommendations related to draft law 03.23 amending and supplementing Law 22.01 on the Code of Criminal Procedure.
In a statement, the Council explained that this memorandum is based on an integrated framework drawing on the Constitution, international conventions ratified by the Kingdom, international standards, the Mendez Principles, and the recommendations of the National Mechanism for the Prevention of Torture, as well as best practices and jurisprudence.
The Council emphasized that these recommendations aim to consolidate the guarantees of criminal justice and enshrine the principles of the rule of law and the primacy of law. The CNDH’s memorandum is divided into 79 specific recommendations addressing specific provisions in the draft law, and 24 general recommendations related to structural and strategic issues not included in the text but which must be taken into account from the perspective of compliance with constitutional and international standards.
The 42 recommendations focusing on a main theme are subdivided into four basic principles relating to “the consecration of the principle of the rule of law and justice,” “the guarantees of a fair trial,” “equality and balance between litigants,” and “inclusion and consideration of vulnerable groups.”
Regarding the consecration of the principle of the rule of law and justice, the CNDH notably proposes the possibility of hearing the suspect without the need for police custody, guaranteeing the rights of the defense, and establishing the right of the accused to immediate notification of the duration of police custody and the modalities of its implementation. It also concerns the possibility of lodging an appeal before an independent court, thus enshrining the principle of transparency and double judicial review.
Concerning the guarantees of a fair trial, the Council recommends the possibility for suspects to contact their lawyer immediately upon arrest, reducing the duration of police custody, and adopting audiovisual documentation as a procedural guarantee to consolidate the rights of the accused and enhance transparency.
While emphasizing the importance of taking the necessary measures to ensure equality and balance between litigants, the CNDH considered it essential to promote inclusion and take into consideration vulnerable groups, such as women victims of violence, persons with disabilities, children, and migrants. Quoted in the statement, the President of the CNDH, Amina Bouayach, noted that the current stage attests to the Council’s commitment to a criminal procedure that respects the spirit of the Kingdom’s Fundamental Law and protects rights and freedoms.
Ms. Bouayach stressed that criminal procedure is not merely a procedural tool, but rather the expression of society’s vision of justice, in the sense that the intervention of the authorities is subject to legal control establishing a balance between the protection of public safety and the preservation of rights and freedoms. “We aspire to contribute to a qualitative leap in our institutional and regulatory framework, ensuring the continuity of achievements in the field of human rights,” Ms. Bouayach observed.
