The Moroccan Prison Observatory (OMP) presented its 2023 annual report, revealing the challenges facing Moroccan penitentiary establishments. With an in-depth analysis, the report raises the issues of prison overcrowding, gaps in the management of repeat offenses and the implementation of alternative sentences.
Alternative sentences, a glimmer of hope
During a press conference organized last Tuesday in Rabat to present this annual report, the President of the Bar Abderrahim El Jamai focused on alternative sentences, of which Law No. 43.22 came into force after its publication in the Official Bulletin on August 22 last year.
“The subject of prisons and prisoners has become a national concern affecting all of society. It is no longer just a place of sanction, but a space to rehabilitate and rebuild humanity,” assured the President during this conference in which representatives of institutions took part (General Delegation of the Prison and Reintegration Administration-DGAPR, CNDH, etc.) and NGOs (OMDH, etc.), while emphasizing that the prison system must no longer limit itself to inflicting sentences, but must contribute to the social reintegration of prisoners.
According to Abderrahim El Jamai, the new legal framework provides for alternative penalties to those involving deprivation of liberty, such as community service or electronic bracelets, thus reducing the use of incarceration, recalling that the implementation of these penalties requires the involvement of several actors: judges, public administrations, civil society associations, and social science experts. “A collective and rigorous approach is essential for their effective application,” he said.
He also indicated that the judge plays a central role in the selection of prisoners who can benefit from alternative sentences, after consultation with the different parties (prosecutors, lawyers, experts).
Prison overcrowding
According to this report, the content of which was presented by the president of the OMP, Abdellatif Rafoua, the prison population reached 102,653 detainees in 2023. This overcrowding rate, estimated at 159%, continues to create unworthy detention conditions: restricted spaces , spread of disease and lack of essential resources.
And despite the construction of new prisons, such as those of El Jadida and Tamesna, these infrastructures remain insufficient to sustainably resolve this problem. According to the OMP, a profound reform of penal policy is necessary.
According to the same source, pre-trial detention constitutes a major cause of overcrowding (38%). This temporary measure is used too often, thus fueling prison overcrowding. The OMP insists on the need to strictly regulate the use of this measure, in accordance with international standards which consider it an exception.
Recurrence, a failure of rehabilitation
The phenomenon of recidivism remains worrying and reveals the inadequacies of rehabilitation programs. The OMP noted a particularly high rate of recidivism in crimes related to theft and drugs, particularly among young people and minors.
The Minister of Justice recognized in 2023 the inability of current policies to effectively prevent repeat offenses. These results point to a lack of post-prison support and the absence of strategies to integrate former prisoners into society. The OMP calls for the creation of reception and reintegration centers as well as the establishment of appropriate educational and professional programs.
He also believes that recidivism is often the result of difficult socio-economic conditions and a lack of follow-up, advocating an approach based on social integration and reform of the penal system to break this cycle.
Abolition of the death penalty
Furthermore, the OMP reiterated its call to definitively abolish the death penalty in Morocco, in accordance with international commitments. Although no executions have taken place since 1993, convictions persist, highlighting the urgency of reform.
This report constitutes a call to action with a view to profoundly reforming the Moroccan penal system, by placing human dignity and rehabilitation at the heart of public policies.
Handling complaints
For his part, Abdellah Mesdad presented an overview of the complaints received and processed by the OMP during the year 2023, affirming that complaints related to the transfers of detainees occupy an important place. Some cases were resolved positively thanks to dialogue between the OMP and the DGAPR.
According to him, certain complaints require dialogue between different actors, notably the DGAPR, judges, and civil society organizations, to arrive at suitable solutions, while specifying that the OMP calls for structural reforms in order to guarantee a better monitoring of complaints, strengthening abuse prevention mechanisms and improving detention conditions.
Mourad Tabet
