| Morocco : Integrity Scorecard Report > Sub-Category: Law Enforcement | ||
| Indicators | Score | |
| 83 | Is the law enforcement agency (i.e. the police) effective? | 58 |
| 84 | Can law enforcement officials be held accountable for their actions? | 29 |
Indicator and sub-Indicator Details
| 83 | Is the law enforcement agency (i.e. the police) effective? | |||||||
| 83a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria. | ||||||||
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Comments: Appointments are usually based on professional qualifications. Individuals appointed may have clear party loyalties, however. References: Royal Decree No. 401-67 of 13 rebia I in 1387 (22 June 1967) on the enactment of the system of examinations and competitions on access to the body, grades and functions of government Decree No. 2.75.879 of 20 hija 1395 (23 December 1975) deals with officials of the Directorate General of National Security as amended and supplemented The Prime Minister's circular No. 71 of 25 November 1992 on the simplification of procedures and administrative channels. Enquête. Cette police qui vous veut du bien. In Tel Quel Newspaper No. 179 [ LINK ]
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| 83b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate. | ||||||||
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Comments: The Budget of the Ministry of Interior has always been one of the most important. The General Directorate of National Security is under this Ministry. But everyone agrees that the low efficiency in mobilizing resources and the enormity of the tasks at hand shows three major problems that senior police summarized in an interview with Tel Quel newspaper: "Our police suffer from a pace of work barely sustainable. They are underpaid, poorly equipped and seen as evil in their society." References: Investigation. Cette police qui vous veut du bien. In "Tel Quel" Newspaper No. 179 [ LINK ] 2008 budget The Finance Act 2008 (Final) [ LINK ]
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| 83c: In practice, the law enforcement agency is protected from political interference. | ||||||||
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Comments: The agency is typically independent, yet it is sometimes influenced in its investigations or enforcement actions by negative or positive political pressure. This may include favorable or unfavorable public criticism by the government or other forms of influence. The agency may not be provided with information needed to carry out its investigations. References: Investigation. Cette police qui vous veut du bien. In "Tel Quel" Newspaper No. 179 [ LINK ] The interior, has he really changed? In "La Vérité No. 247, 10 to 16 March 2006.
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| 84 | Can law enforcement officials be held accountable for their actions? | |||||||
| 84a: In law, there is an independent mechanism for citizens to complain about police action. | ||||||||
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Comments: The decisions of the police, similar to those of other administrations, are able to be challenged before the administrative courts. References: Dahir No. 1-91-225 of 22 rebia I 1414 (10 September 1993) promulgating the Law No. 41-90 establishing administrative courts. The Covenant of Good Housekeeping. Government of Morocco. Dahir Penal Code No. 1.59.415 of 28 Jumada II 1382 (26.11.1962) approving the text of the Penal Code. The Prime Minister's Circular No. 4-99, 17 February 1999 requiring officials to enforce judgments rendered final administrative proceedings against persons of public law. Act 0301 of 21 July 2002 requiring the government to justify their administrative decisions when those decisions are detrimental to the citizen Officials of the Directorate General of National Safety Decree No. 1180.66, 22 Chouali 1383 (02.02.1967)
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| 84b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period. | ||||||||
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Comments: Some offenses, like theft and assault, take a long time to be responded to, according to some citizens. The agency is still inadequate, although several efforts have been made to change this, but behavior is more dependent on individuals than the institution itself. References: Investigation. Cette police qui vous veut du bien. In "Tel Quel" Newspaper No. 179 [ LINK ] The interior: has it really changed? In "La Vérité No. 247, 10 to 16 March 2006.
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| 84c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials. | ||||||||
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Comments: No such agency exists. References: No such agency exists.
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| 84d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials. | ||||||||
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Comments: No such agency exists. References: No such agency exists.
Peer Review Comments: Complaints of corruption are sent to the Ministries of Justice. It is very rare that there are suits.
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| 84e: In law, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: Law enforcement officers are fully accountable for their actions under the law and can be investigated and prosecuted for their actions. However, there is the privilege of jurisdiction for senior officials. The court controls the legality of such judgments and their conformity with the legislation. It means that it affects only the form of judgments rendered by the various courts of Morocco. The exception to this principle is governed by Articles 264 to 268 of the Code of Criminal Procedure. This exception is the "legal privilege" granted to senior officials. When the alleged misconduct was committed in the course of their duties, the accused must appear before the Supreme Court at first hearing.
References: Abdelaziz Lâafora again before the Supreme Court. Maroc Hebdo International Week 797 number from 20 to 26 June 2008. Investigation. The police qui vous veut du bien. In "Tel Quel" Newspaper No. 179 [ LINK ]
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| 84f: In practice, law enforcement officials are not immune from criminal proceedings. | ||||||||
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Comments: Law enforcement officers are fully accountable for their actions under the law and can be investigated and prosecuted for their actions. However, there is the privilege of jurisdiction for senior officials. The court controls the legality of such judgments and their conformity with the legislation. It means that it affects only the form of judgments rendered by the various courts of Morocco. The exception to this principle is governed by Articles 264 to 268 of the Code of Criminal Procedure. This exception is the "legal privilege" granted to senior officials. When the alleged misconduct was committed in the course of their duties, the accused must appear before the Supreme Court at first hearing. References: Code of Criminal Procedure Articles 264 to 268 Laâfoura cleared for formal defect in 'The Economist' of 30 March 2008. [ LINK ] Investigation. The police qui vous veut du bien. In "Tel Quel" Newspaper No. 179 [ LINK ]
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