Related Rule
Morocco
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Morocco’s Disciplinary Regulations (1974) prohibits the torture and cruel treatment of the sick, wounded and shipwrecked, prisoners and civilians. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(2).
Morocco’s Penal Code (1962) provides:
Article 231
Any magistrate, public official, agent or holder of public authority or power who, without lawful motive, in the exercise or by occasion of the exercise of his functions, uses or makes another use of violence against persons, is punished for this violence, according to its gravity, following the provisions in articles 401 to 403; but the applicable penalty is aggravated as follows:
In the case of a police offence or a correctional offence, the applicable penalty is twice that provided for the offence;
Article 399
Punished with death is anyone who, for the execution of an act classified as crime, employs torture or acts of barbarity.
Article 400
Whoever deliberately injures or beats another person or commits any other acts of violence or assault, whether they have caused neither illness nor incapacity, or have led to an illness or incapacity to work not exceeding twenty days, is punished with imprisonment for one month to one year and with a fine of 200 to 500 dirhams or with one of these penalties alone.
If there was premeditation or ambush or if a weapon was used, the penalty is imprisonment for between six months and two years and a fine of 200 to 1000 dirhams.
Article 401
If the injuries or beatings or other acts of violence or assault have led to incapacity exceeding twenty days, the penalty is imprisonment for between one and three years and a fine of 200 to 1000 dirhams.
If there was premeditation or ambush or if a weapon was used, the penalty is imprisonment for two to five years and a fine of 250 to 2000 dirhams.
Article 402
If the injuries or beatings or other acts of violence or assault have led to mutilation, amputation or deprivation of the use of a limb, to blindness, loss of an eye or any other permanent infirmity, the penalty is imprisonment for five to ten years.
If there was premeditation or ambush or if a weapon was used, the penalty is imprisonment for ten to twenty years.
Article 403
If the injuries or beatings or other acts of violence or assault, carried out deliberately but without intention to kill, nevertheless have occasioned death, the penalty is imprisonment for ten to twenty years.
If there was premeditation or ambush or if a weapon was used, the penalty is life imprisonment. 
Morocco, Penal Code, 1962, Articles 231 and 399–403.
In 2003, in its third periodic report to the UN Committee against Torture, Morocco stated:
26. “No one may be arrested, detained or punished except in the circumstances and forms provided for by law”; it is in these terms that torture is prohibited by the Constitution (art. 10), which, by making the procedures pertaining to arrest, detention and punishment subject to the provisions of the Criminal Code and the Code of Criminal Procedure, upholds the principle of the prohibition of torture.
33. All acts of violence and assault and battery perpetrated against the person are forbidden under the Moroccan Criminal Code, in particular article 399, which specifically refers to torture. Anyone who engages in torture or acts of barbarity in committing an act classified as a criminal offence is liable to capital punishment. 
Morocco, Third periodic report to the UN Committee against Torture, 21 May 2003, UN Doc. CAT/C/66/Add.1, submitted 23 March 2003, §§ 26 and 33.
In 2004, in its fifth periodic report to the Human Rights Committee, Morocco stated:
Moroccan criminal law guarantees the right to security of person in the same way for everyone, providing protection for every person against abuse or ill-treatment, regardless of whether it is at the hands of a government employee (Criminal Code, arts. 224–232) or a private individual (art. 400 et seq.). 
Morocco, Fifth periodic report to the Human Rights Committee, 11 May 2004, UN Doc. CCPR/C/MAR/2004/5, submitted 10 March 2004, § 324.
In 2009, in its fourth periodic report to the Committee against Torture, Morocco stated:
Under Moroccan law no orders from a higher authority, exceptional circumstances, state of war or the threat of war, threat to national security, internal political instability or any emergency situation could be used as justification for the use of torture or any other form of cruel, inhuman or degrading treatment. 
Morocco, Fourth periodic report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, § 26; see also § 166.
In 2003, in its third periodic report to the UN Committee against Torture, Morocco stated:
20. In spite of the absence of a precise definition of torture, there exist various legislative provisions prohibiting torture.
21. The Draft submitted by the Ministry of Justice in the context of reform of the Criminal Code is an important step in the development of the judicial system and reform of the system of justice. It aims at remedying shortcomings and supporting change so as to consolidate the rule of law and human rights and harmonize domestic legislation with the international instruments Morocco has ratified. Torture will be given a wider definition, in keeping with article 1 of the Convention against Torture. 
Morocco, Third periodic report to the UN Committee against Torture, 21 May 2003, UN Doc. CAT/C/66/Add.1, submitted 23 March 2003, §§ 20–21.
In 2009, in its fourth periodic report to the Committee against Torture, Morocco stated:
Under Moroccan law no orders from a higher authority, exceptional circumstances, state of war or the threat of war, threat to national security, internal political instability or any emergency situation could be used as justification for the use of torture or any other form of cruel, inhuman or degrading treatment. 
Morocco, Fourth Periodic Report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, § 26; see also § 166.
With regard to the definition of torture, Morocco stated:
16. The amendment of article 1-231 of the Criminal Code by Law No. 04.43 of 14 February 2006 is in response to the Committee’s recommendation (CAT/C/CR/31/2). Paragraph 6(a) of the Law defines torture as any “act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions”.
17. The definition in article 1-231 of the Moroccan Criminal Code is an attempt at aligning the text with that of the Convention [against Torture] through the inclusion of all the elements, human, material or physical, constituting an act of torture.
18. It is worth noting here that the new draft Criminal Code expanded the text of the definition to include all acts of torture committed by all persons and not public officials only.
19. The human element of a crime of torture manifests itself in the capacity of the persons perpetrating such acts or crimes. The Convention against Torture stipulates that such acts must be committed or instigated by a public official or any other person acting upon the instruction of a public official. This element has been emphasised by the Moroccan legislator, who went further in expanding the notion of a public official committing a crime of torture to include all persons acting in an official capacity.
20. The material element of crimes of torture in Moroccan law coincides largely with the definition used in the Convention against Torture. The similarities relate to the nature or the purpose of committing the act. The Moroccan definition considers as torture any act causing severe pain or suffering whether inflicted physically directly on the victim through violent acts such as burning or electrocuting, indirectly through negligence or depriving the victim of basic requirements aimed at protecting his dignity or through psychological pressure intended to terrorise or instil fear in the victim.
21. For an act of torture to be committed, it suffices to inflict mental or physical pain on the person directly or on a third party to obtain information, statement or confession to punish the person for acts committed or allegedly committed. 
Morocco, Fourth Periodic Report to the Committee against Torture, 5 November 2009, UN Doc. CAT/C/MAR/4, submitted 27 April 2009, §§ 16–21.